NEED OF AN HOUR:SIXTH SCHEDULE BUT NOT TIGHT SCHEDULE
By SONLAL SINGSON
After the Union government has consented to extend the much debated issues 'Sixth Schedule' provision in the Hill Areas of Manipur,a ray of hope ascended to the Tribal’s living in Manipur amid the conclusion of MDC election where substantial powers and provision have only less significance for the emancipation of the tribal people from the clutch of the clever communal Manipur government political manipulation.Taking stock of the political situation of Tribal’s in general, it's a high time to put relentless effort in pursuing this objective, keeping aloof our differences in side, we should come to a common policy in sorting out the best possibility to enjoy this long lost struggle which is the only viable option to bring back our inalienable rights.
Let me sum up the backdrop and calculated provision under Sixth Schedule in brief the lengthy provision by only inserting the important subjects with reference to various Act amended prior to the attainment of statehood by Manipur.
The Manipur (Hill Areas) District Councils Act,1971:
Following the attainment of statehood in 1972, the Government of Manipur by its own act enforced the Manipur (Hill Areas) District Councils Act, 1971, by constituting autonomous districts in the hills. The first election of the autonomous district councils was held in May,1973.Unlike their counterparts in Assam, Meghalaya, Mizoram and Tripura, everybody is well aware of the fact that no provision under the Sixth Schedule was extended to the Manipur District Councils which can best be described as ‘a bone without flesh’ or rendered 'toothless'. To press the Public demand for extension of the provisions under the Sixth Schedule to the Constitution of India, the Manipur Hill District Councils had been kept in abeyance since 1978 to 2008.
Second Amendment of the District Councils,2000
The Advisory Committee on Social Policy (ACSP), 1995 - 1997 had drafted an Amendment of the Manipur District Council Bill in the context of the 73rd and 74th Amendment Acts of the Constitution of India. The Hill Areas Committee (HAC) had re examined the draft bill and on its recommendation, the 7th Manipur Legislative Assembly had passed the Manipur (Hill Areas) Autonomous District Council Bill, 2000 on 25th July, 2000. The most important part of the ACSP recommendation was the inclusion of the legislative power in the list of powers and functions of the District councils. But till now nothing was done in this regard and MDC were rendered no choice in exercising legislative subjects
The Manipur (Hill Areas) District Councils(Third Amendment) Act, 2008:
The amended act included, among others, some of the following important matters relating to insertion of-
* hill areas meaning the Fifth Schedule;
* increase of membership from 18 to 24;
* filling up of vacant seat;
* constitution of Executive Committee;
* 26 subjects over which District Councils can function.
After this amendment, elections to the District Councils after 20 years of dormant were held in 2009 and the Councils have been functioning under the Third Amended District Councils Act of 2008.
The Manipur (Hill Areas) District Councils(Fourth Amendment) Bill, 2011 also known as the Manipur (Hill Areas) District Councils (Fourth Amendment) Act, 2011:
Significant features like-Amendment of section 23.
* In section 23:-
* In the proviso to sub-section (1)For the words one year, the words two years shall be substituted;
* for sub-section (2)The following shall be substituted, namely-
If a resolution for the removal of an elected Chairman is passed by not less than two-thirds of the total membership of the Council at a meeting convened in accordance with the provision of sub-section, such resolution shall have the effect of removing the Chairman from his office as from the date on which the resolution is so passed.The State Government may, by order in writing, remove, for reasons to be recorded, the Chairman from his office as from such date as may be specified in the order:
* In sub-section (3) for the words Deputy Commissioner and to him, and he shall preside over the meeting, the words State Government and to the State Government an officer duly authorized by the State Government for this purpose shall preside over the meeting
Hill District Councils VIS-A-VIS Zilla Parishads:Some notable points
Long before the District Councils are introduced in the hill areas of Manipur, the Government of Manipur had introduced modern panchayat system since 1947. There have been regular elections to the Gram panchayats (equivalent to village authority) and Zilla Parishads at every interval of five years.
* There is no reservation of seat for women in the District Councils. Two Chairpersons out of the four Zilla Parishads are women.
* The source of income for the District Councils is solely on the state grant. There will be a one-man Finance Commission which will review the financial position of the District Councils.whereas in Zilla Parishads,Consolidated Fund flows through within the centre and state government.
* Recommendations or proposals have to pass through two stages compulsorily: The HAC and the State Legislative Assembly.
* The establishment of finance commission is there to prevent the Zilla Parishads from falling into financial starvation,Such structure is not there for the districts council
* The District Planning Committee under Zilla Parishads has to initiate planning from the Gram Panchayats. Wheras the District Councils have to do planning in consultation with the planning department of the state.
* Through Manipur Gazette, No.196, 18th September,1998,a very long list of subjects are delegated to panchayat institutions. In addition, according to the 73rd and 74th Amendments to Constitution of India, Zilla Parishads are also given those 29 subjects under the 11th Schedule of the Constitution. Compared to the powers and functions of the Zilla Parishads, subjects delegated to District Councils are nothing.
* On the whole, while the Democles sword of the state power is hanging on the district councils, a liberalization process has been set in motion in the panchayat bodies.
Sixth Schedule Districts vis-a-vis Manipur Hill District Councils:
Under Sixth Schedules Manipur:-
1. Constitutional provisions under the District councils are Established under Sixth Schedule to the constitution,Manipur (Hill Areas) District Council Act.
2. Legislative Power With the prior approval of the Governor, they have the powers to make laws with respect to certain subjects, important one includes:
* Allotment, occupation or use of land for agricultural and non-agricultural purposes other than land classed as reserved forests;
* The use of canal or water course for purpose of agriculture;
* Regulation of jhuming or other forms of shifting cultivation;
* Appointment and succession of chief
* Inheritance of property; legislation relating to matter:-
· Marriage
· Social reform and so on..
Judicial Power: They have powers to constitute village council court for trials,authorities are empowered for trial of small cases/litigations under the provsions of village Authority Act, 1965.
* Power to assess and collect Land revenue and to impose taxes.
* To levy and collect Taxes on:
* professionals, trades, callings and they have power to levy and employment to collect these taxes.
* Entry of goods
* Taxes for maintenance of schools dispensaries or roads.
From what had been indicated above, the most
important features of the Autonomous District Councils under the Sixth Schedule are:-
* Legislative power
* Judiciary power and
* Financial autonomy
Legislative power: It is entitled to make laws, rules and regulations
Judiciary power:It is empowered to establish Appellate Court and try cases.
Financial autonomy: It is also given power to prepare its own budget and get adequate fund directly from the Consolidated Fund of India. Only under serious circumstances like constitutional breakdown,law and order problem, corruption or misappropriation of development fund, the state government cannot interfere into the internal affairs of the district administration.
The Cabinet Committee under the Government of Manipur recommended the extension of the Sixth Schedule provision to the District Councils to the Central Government three times already, first on 13th May,1991, second time on 17th August,1992 and the third time on 20th March, 2001 respectively. It is said that the recommendations entailed rider clause. How can the provision of Sixth Schedule be amended for Manipur only? What is the logic behind this calculated move by the Cabinet decision to insert this clause? It sounds discriminatory and also communally biased too.
"subject to certain local adjustment and Amendment”
Look at the notification issued by the Commissioner (GAD), Government of Manipur in respect of the warrant of protocol on 6th February, 2010 which put the Chairpersons(Adhakshas) and Vice Chairpersons (Upadhakshas) of Zilla Parishad in seriel numbers 23 and 24, the Deputy Commissioner in serial number 31 and the Chairman of the District Councils in serial number 33.
The status of the Chairman ADC in the hill is far below his counterpart of the Chairman of Zilla Parishads.Even the Deputy Commissioner of the valley district is placed higher than his counterpart in the hills. This is indeed an insult to the tribal people.This caste-biased warrant of protocol should immediately be withdrawn by the Government of Manipur. As of now there are altogether 30 departments under ADC NC Hills.It is high time to take concrete steps for extending the provision of sixth schedule to the ADCs in the hill areas.
Before the situation gets out of control, let our representatives and public leaders press the state government in consultation with imminent scholars and constitutional experts to bring amicable solution to the problem in the larger interest of the aggrieved tribal people in the hill districts of Manipur.
Note: For detail provision and powers under the Sixth Schedule one may refers to "The 73rd and 74th Amendment of the Indian Constitution”
References:
1.Indian Constitution by Dr.Subhash C Kashyap
2.The Manipur (Hill Areas)District Councils Act Fourth Amendment Bill,2011.
3.The Manipur (Hill Areas) District Councils Act,2008
4.The Manipur (Hill Areas) District Councils Act,1971