Why in the News?
Mizoram Governor has imposed Governor’s Rule in the Chakma Autonomous District Council (CADC) due to prolonged political instability and repeated leadership changes.
About Autonomous District Councils (ADCs):
- Basis: They are local self-governing institutions established under the Sixth Schedule of the Indian Constitution.
- Coverage: ADCs are constituted in tribal areas of the northeastern states—Assam, Meghalaya, Tripura, and Mizoram (ATM2).
- Purpose: These councils aim to provide autonomy to tribal communities to preserve their culture, customs, and govern their local affairs.
- Notification: Each tribal area notified under the Sixth Schedule is declared an autonomous district, governed by its respective ADC.
- Objective: The primary objectives of ADCs are to promote tribal self-governance, ensure local development, and protect tribal identity and rights.
Key Features of ADCs
- Legal Status: ADCs are formed through constitutional provisions under the Sixth Schedule and are not governed by state laws.
- Council Composition: Each ADC comprises up to 30 members, of which 26 are elected by adult suffrage and 4 are nominated by the Governor.
- Tenure: The tenure of an ADC is 5 years from the date of its constitution.
- Scope of Authority: ADCs have legislative, executive, and limited judicial powers specific to the needs of tribal communities.
- Applicability of Laws: State and Central laws do not automatically apply in ADC areas unless explicitly extended by the Governor.
Powers and Functions of ADCs:
- Law-Making Powers: ADCs can enact laws on land management, agriculture, and forest use (excluding reserved forests).
- Customary Regulations: They can regulate inheritance, marriage, divorce, and social customs, and appoint traditional chiefs and headmen.
- Local Administration: It oversee services such as primary education, dispensaries, roads, markets, and fisheries.
- Judicial Functions: Councils can establish village courts to try civil and criminal cases involving tribal members, with sentencing powers up to five years.
- Regulation of Trade: They may regulate money lending and trade by non-tribals, subject to Governor’s approval.
- Revenue Sources: It can levy taxes on professions, trades, animals, vehicles, markets, ferries, and public infrastructure like roads and schools.
Autonomy and Limitations:
- Degree of Autonomy: ADCs enjoy substantial legislative and administrative autonomy within their territorial jurisdiction.
- Non-Applicability of General Laws: Parliamentary and State laws apply only when directed by the Governor, ensuring self-rule.
- Governor’s Oversight: Despite autonomy, the Governor retains discretionary powers and can approve, modify, or annul council decisions.
- Financial Constraints: ADCs often face limited revenue generation, which restricts their developmental effectiveness.
- Administrative Challenges: Operational issues include leadership instability, shortage of trained personnel, and state-level interference in council functions.
| [UPSC 2015] The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to:
Options: (a) protect the interests of Scheduled Tribes * (b) determine the boundaries between States (c) determine the powers, authority and responsibilities of Panchayats (d) protect the interests of all border States |
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