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AIPPM
AIPPM: Reviewing the Implementation and
Expansion of Sixth Schedule
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Table of Contents
1. Letter from the Executive Board

2. Committee Overview

3. Rules of Procedure

4. Sixth Schedule in India

5. Framework and Powers of the Autonomous District Councils

6. State-by-State Analysis of ADCs in Practice

7. Expansion into Ladakh and Manipur

8. Key Issues with the Sixth Schedule and Autonomous District Councils

9. Conclusion

10. QARMA

11. Expectations of the Executive Board

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Letter from the Executive Board

The Executive Board of the All India Political Parties Meet at KMUN 2025 is pleased to welcome you all.
We, as the members of the Executive Board, shall guarantee to all the members, that the committee is
committed to deliver healthy and fruitful debate and a memorable Model United Nations experience.

At this year’s edition of the AIPPM conference, we on the Executive Board have opted to center the focus
of debate on the often-overlooked North East region of India. It involves the constitutional provisions of the
Sixth Schedule and its overarching impact on the various states concerned, given the rise in recent
demands for expansion and overhaul of this provision. The agenda demands detailed research,
discussions and deliberations.

Being a cross party conference, the AIPPM invites a broad range of perspectives, stances, arguments and
viewpoints, while being respectful to fellow members at all times. We hope to provide you a platform that
provides an opportunity for voices from across the committee to be heard.

The background guide serves as a model with information related to the agenda, that aids members to
understand the agenda and work on their research accordingly. We request members to thoroughly
analyse the agenda’s provisions, and consider contrasting perspectives.

Lastly, we would like to remind you, as members who make up the essence of the committee, to engage in
debates that lead to a meaningful, practical outcome. And most importantly, we hope that the members of
this committee enjoy the process of arriving at the outcome. We look forward to many sessions of
deliberation, debate and negotiation during the committee.

Good luck!

Gautam Warrier Sameera Kesthur Nidarshan D Nanda

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Committee Overview
The All-India Political Parties Meet (AIPPM) is a unique simulation that differs from traditional Model
United Nations committees. It brings together delegates representing prominent figures from India’s
national and regional political parties to debate and deliberate on issues of pressing national
importance. The committee seeks to emulate the political dynamics, discussions, and ideological
clashes that precede the introduction of key legislative or executive measures.

AIPPM serves as a common platform for inter-party dialogue, where members are expected to
reflect their respective party’s official stance on the agenda, engage in negotiation, and strive to
build consensus through structured debate. Unlike standard UN committees, the AIPPM does not
follow conventional UN procedure. It is a non-crisis committee characterized by procedural
flexibility, often shaped by the initiative and engagement of the members themselves. The AIPPM’s
mandate is restricted to that of a recommendatory body, as it does not have the powers to pass
legislation. As such, the final document that an AIPPM passes is a Resolution.

One key feature is the Opening Statement round, where each member delivers their initial position
on the agenda. These statements serve the function of a General Speakers List but follow a round-
robin format, ensuring every member has the opportunity to speak.
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Rules of Procedure
Members are advised to be well-versed with the Rules of Procedure as they will be adhered to
strictly in committee.

Research

Each member must research the agenda comprehensively, gain clarity on their respective

portfolio and party’s stance and prepare solutions to the questions posed in committee. Members
must be able to partake in nuanced debate and discussion regarding the workings of the Sixth
Schedule and its provisions.

Roll Call

The All India Political Parties Meet recognises only two voting statuses – present and voting

and absent. A member will be marked absent if they are not present within an hour of

commencement of the day’s session, unless prior notice has been received.

Opening Statement

All members must deliver a 90 second opening statement once during the course of

committee. Members are free to craft their opening statements in any manner they choose.

Moderated Caucus

Moderated Caucus refers to a caucus to discuss a specific sub-agenda of the agenda at hand.
Moderated Caucus motions require a simple majority (50% + 1) to pass in committee. When tabling
the motion, the total time period and individual speaker time may be specified.

Example: “[Portfolio] would like to raise a motion for a moderated caucus on the topic ___

for a total time period of ___ minutes providing ___ minutes to each speaker.”

Unmoderated Caucus

Members may lobby, discuss, etc. freely during this caucus.

Points

1. Point of Information (POI) – They are questions directed to a member on the content

of the member’s speech. Irrelevant/frivolous POIs will be dismissed in committee.

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2. Point of Order (POO) –

a. Factual Inaccuracy – These are raised when a member has misrepresented fact. POOs on factual
inaccuracies will be valid if the fact in question is directly countered by verifiable evidence.

b. Logical Fallacy – These are raised when a member has made a fallacious statement through a
speech. POOs on logical fallacies are disallowed, unless otherwise allowed by the Executive Board in
extraordinary circumstances.

c. On EB – These are raised on the EB in case the EB has erred in factual accuracy with regards to
the Background Guide or otherwise.

3. Point of Parliamentary Enquiry – These may be raised to clarify any doubts with regards to
committee procedure

4. Point of Personal Privilege – These must refer to matters of personal comfort, safety and/or well
being of the members of the committee.

Rules of procedure on points may be amended at the discretion of the Executive Board during

the course of committee.

Documentation

The All India Political Parties Meet will pass a final resolution, which will be the culmination of the
debate and discussion of all the previous sessions. The final resolution must, at minimum, address all
the Questions A Resolution Must Answer (QARMA).

A draft resolution will be tabled on the third day of committee, which, if passed, will become the final
resolution. Draft resolutions require sponsors and signatories to be tabled.

Sponsors – These are the members who wholly support the resolution, have contributed towards it
and will be called upon if the draft resolution is taken up for discussion. A member cannot be the
sponsor of more than one draft resolution.

Signatories – These are the members who have agreed to table the draft resolution for discussion.
Members can be signatories of more than one draft resolution.

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The minimum number of sponsors and signatories will be notified by the Executive Board in

committee. Amendments to the draft resolution are passed by a simple majority (50% +1) of
committee. Draft resolutions are passed by a simple majority (50% + 1) of committee.

Voting

There are only two votes that will be recognised in the All India Political Parties Meet – ‘yes’ and ‘no’.

Note: The use of AI in speeches, documents, chits, etc. will not be entertained. Any member in
violation will be appropriately penalised by the Executive Board.
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Sixth Schedule in India

Administration of tribal areas in India has been a matter of concern from the Government of
India Act, 1935, to the Constituent Assembly, to the 18th Lok Sabha. Each tribal community has
their own traditional governance system and customs. It was decided by the Constituent
Assembly to adopt an integrationist approach to the tribal population, rather than an
assimilationist approach. The integrationist approach preserved the autonomy and right to self-
governance of the tribal population. To further these causes, Article 244(2) and the Sixth
Schedule was inserted into the Constitution to be made applicable in the states of Assam,
Tripura, Mizoram and Meghalaya.

By tracing the roots of the Sixth Schedule, we arrive at the Government of India Act, 1935. The
Act divided the then state of Assam into two categories – Excluded and Partially Excluded. No
federal or provincial legislation extended to these districts automatically. Officials specially
appointed by the British administered the various Excluded and Partially Excluded districts.
However, the people had no platform to raise their wants and grievances.

In May 1946, an advisory committee on Fundamental Rights of Minorities in Tribal Areas was
constituted by the Constituent Assembly. One of the sub-committees was the Northeast Frontier
(Assam) Tribal and Excluded Areas Sub-Committee, popularly referred to as the Bordoloi Sub-
Committee. The Bordoloi sub-committee (a sub-committee of the Constituent Assembly) studied
the administrative set-up in the hill areas of the North East and observed that the people of the
region were sensitive towards their land, forest, lifestyle and systems of justice and needed
safeguards and protections to preserve them. Secondly, the Bordoloi Sub-Committee observed
that the existing self-governing institutions functioned democratically and were effective in the
region.

Therefore, the Autonomous District Councils (ADCs) and Regional Councils (RCs) were
conceived by the Bordoloi Sub-Committee and recommended to the Constituent Assembly
under the Sixth Schedule framework.

Presently, there are 10 ADCs across Assam, Tripura, Mizoram and Meghalaya, with the

Bodoland Territorial Council being the youngest and equipped with the widest set of powers.

Assam

○ Bodoland Territorial Council (BTC)

○ North Cachar Hills Autonomous Council (NCHAC)

○ Karbi Anglong Autonomous Council (KAAC)

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Tripura

○ Tripura Tribal Areas Autonomous District Council (TTAADC)

Meghalaya

○ Garo Hills Autonomous District Council (GHADC)

○Jaintia Hills Autonomous District Council (JHADC)

○ Khasi Hills Autonomous District Council (KHADC)

Mizoram

○ Chakma Autonomous District Council (CADC)

○ Lai Autonomous District Council (LADC)

○ Mara Autonomous District Council (MADC)

A few key objectives of the ADCs are —

1. To secure autonomy to the tribal population in preserving and promoting their own culture;

2. To guarantee the right of self-governance to the tribal communities through

legislative, executive and judicial functions;

3. To facilitate equitable economic growth and promote literacy and health among the tribal
population;

4. To coordinate and interface with the State government and Central government to
promote tribal interests

5. To prevent the alienation of tribal land i.e. the transfer of tribal land to non-tribal

individuals;

6. To preserve and protect the extensive natural resources of the North East and promote
sustainable usage of these resources;

The Constitution (125th Amendment) Bill, 2019 was raised by the Government to amend the
Sixth Schedule, but ultimately stalled in Parliament. Six years later, there are calls from

across the North East to overhaul the Sixth Schedule and to expand it to tribal communities
within and outside of the North East. The loudest of these calls come from Ladakh, where its
population is keen to be a Sixth Schedule territory to guarantee representation and autonomy.
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Framework and Powers of the

Autonomous District Councils

The Sixth Schedule provides for the administration of Autonomous Districts and Regions to
be vested in a District Council and a Regional Council, respectively. The Autonomous
District Council (ADC) framework is one that seeks to bestow a cascading autonomy of
governance upon certain tribal communities in Assam, Mizoram, Tripura and Meghalaya.

The ADCs are constituted with a wide range of legislative, executive and judicial functions
to preserve tribal autonomy. In furtherance of such objective, the Sixth Schedule provides
that no law of the Centre or State in respect of the legislative powers conferred on the
ADCs could be extended to those areas without prior approval of the ADC.

To summarise the powers and mandate of the ADC –

(Note: ‘Paragraphs’ in Schedules are akin to ‘Articles’ in the main body of the Constitution)

Legislative Powers of the ADC under Paragraph 3

∘ Allotment, or use, or the setting apart, of land, other than any land which is a reserved

forest for the purposes of agriculture or grazing or for residential or other non-agricultural
purposes or for any other purpose which will promote the interests the inhabitants of any
village or town:

Provided that nothing in such laws shall prevent the compulsory acquisition of any land,
whether occupied or unoccupied, for public purposes by the Government of
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the State in accordance with the law for the time being in force authorising such
acquisition;

∘ Management of any forest not being a reserved forest;

∘ Use of any canal or water-course for the purpose of agriculture;

∘ Regulation of the practice of jhum, or other forms of shifting cultivation;

∘ Establishment of villages or town committees or councils and their powers;

∘ Any other matter relating to village or town administration, including village or town

police and public health and sanitation;

∘ Appointment or succession of Chiefs or Headmen;

∘ Inheritance of property;

∘ Marriage and divorce;

∘ Social customs;
Additionally, the Sixth Schedule grants the ADCs of Assam a greater set of legislative powers.
The Bodoland Territorial Council has the power to make laws with respect to subjects such as
agriculture, tourism, animal husbandry, education, land and revenue, small cottage and rural
industry (subject to the provisions of the Union List), etc. Similarly, the North Cachar Hills ADC
and Karbi Anglong ADC may legislate on subjects such as industries, communications, social
security and insurance, employment, etc.

Laws passed by the above bodies relating to matters in the Concurrent List shall be submitted
to the Governor, who shall reserve the same for the consideration of the President who may
assent, withhold assent or recommend amendments.

Crucially, all laws made by the ADCs under Paragraph 3 shall be submitted to the Governor, to
which he may assent or withhold assent, on advice of the Government, i.e. the Council of
Ministers of the State.

Another key provision lies within Paragraph 12A, which specifies that all legislations passed by
the State government of Meghalaya shall take precedence over those passed by the ADCs of
Meghalaya.

Executive Powers and Functions of the ADC under Paragraph 6

० District Councils have the power to establish, construct or manage primary schools,
dispensaries, markets, cattle pounds, fisheries, ferries roads transport and waterways in the
district

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० The Governor may, with the consent of the District Council, entrust any executive
functions of the State Government to the District Council

It must be noted that regulations passed by the District Council on the above subjects
require prior approval of the Governor, advised by the Council of Ministers.

Judicial Powers and Functions vested with the ADC under Paragraph 4

० ADCs have the power to constitute ‘Village Council Court’ for trials of suits and cases
in which all parties are members of Scheduled Tribes, to the exclusion of all other
courts barring the High Court of the State and Supreme Court of India

०Appellate powers of the Village Council Courts are vested with the District Council

० All parties trialled in the Village Council Court and District Council must

belong to the same jurisdiction of the District Council

ADCs also have the responsibility to constitute the District Fund, through which all transactions
of the ADC shall be credited/debited. Additionally, under Paragraph 8, ADCs have the power
to levy and collect taxes on land revenue, land and buildings, persons and residents,
professions, employments, vehicles, taxes on the entry of goods into market for sale, taxes on
passengers and goods, etc. As with its executive functions, the regulations passed by the ADC
on the levy of taxes shall be submitted to the Governor for assent. In addition, in case of any
dispute related to sharing of royalties, the matter should be submitted to the Governor, whose
decision will be final (this provision is only applicable in Tripura and Mizoram).

Governor’s Powers

A key aspect to the autonomy granted to the tribal communities by the Sixth Schedule is the

checks and balances on aforesaid autonomy through the Governor. The Governor holds
powers over the ADC in the following ways –

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० Nominate 4 members in each District Council who hold office at his pleasure;

० Consider, assent/withhold assent to laws made by the District Council and RegionalCouncil;

० Grant prior approval to ADCs’ executive and taxation regulations;

० Governors of Tripura and Mizoram are empowered to direct that any Act of State Legislature
(other than matters specified in Paragraph 3) shall not apply to an autonomous district/region
or shall apply, subject to such exceptions or modifications, as may be notified. In Assam, the
Governor is empowered to extend such power to any Act of Parliament;

० Governor may annul and/or suspend acts and resolutions of the District and Regional
Council, if such act or resolution is likely to endanger the safety of India or is violative of public
order.

The Governor, in carrying out his aforementioned duties under the law, is constitutionally
required to consult the Council of Ministers of the State (i.e. the State Government) to arrive at
a decision. The discretion of the Governor is limited by Paragraph 20BA and Paragraph 20BB
in this manner.
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State-by-State Analysis of

ADCs in Practice
Assam

Assam has three ADCs – the Bodoland Territorial Council (BTC), the Karbi Anglong
Autonomous Council (KAAC) and the North Cachar Hills Autonomous Council (NCHAC).

The BTC is the newest ADC under the Sixth Schedule and has the widest set of powers of
the autonomous councils constituted in Assam. The BTC was first conceived in the Bodo
Accord of 1993, which was the product of a powerful movement by the Bodo population
to attain self governance. The Bodo Accord laid out the framework for a Bodo
Autonomous Council, which, due to insufficient funds and State government domination,
was rendered ineffective.

In 2003, the BTC took the place of the Bodo Autonomous Council and was granted
constitutional status under the Sixth Schedule of the Constitution. The BTC consists of 46
members of which 5 each, uniquely, are from “non-tribal communities”. The BTC has
secured Bodo people’s autonomy by recognising tribal customs, rituals and education.

However, the BTC suffers from misutilisation of funds and corruption at high levels. The
Government of Assam is also sluggish in releasing funds to the BTC.

The KAAC’s main achievements lie in the field of education. It has developed a strong
schooling system at all grades of schooling in the Karbi Anglong District. However, despite
the breakthrough Memorandum of Settlement that strengthens the KAAC’s framework,
lack of effective governance and corruption among officials has resulted in deterioration
of the institution. Furthermore, at the ground level, there has been an absence of
coordination between the levels of government. Similarly, there is rampant corruption
within the NCHAC that has come to light due to the absence of key monitoring
committees for sanctioned projects. Subsequently, the NCHAC, as well as the BTC, have
registered low economic growth within their jurisdictions.

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Tripura

The Tripura Tribal Areas Autonomous District Council (TTAADC) administers the tribal-
dominated areas of Tripura. The TTAADC came into effect in 1985 by the TTAADC Act, 1979.
A key goal of the TTAADC upon incorporation was to prevent the alienation of tribal land.
Since then, the TTAADC has clocked achievements in decentralisation and literacy rate.
Average literacy rate in the jurisdictions under the TTAADC increased from 70.2% to 86.4%.

However, the decentralised planning system has also put into question the role of the
TTAADC. The Village Committees instituted under the Gramodaya initiative are in charge of
creating plans at the local level. The Block Advisory Committee and Zonal Development
Committees are in charge of consolidating and reviewing the plans. This leaves the practical

application of the roles and responsibilities assigned to the TTAADC unclear. Furthermore,
there exists a sizeable gap between the approved budget and the funds received from the
State Government which has a direct impact on the utilisation of of funds for tribal welfare.
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Meghalaya

Meghalaya’s ADC structure is unique compared to its neighbouring states as it is the only
state where the entire population of the State is within the jurisdiction of the ADCs. It is also
the only State under the Sixth Schedule whose population is majorly constituted by tribal

communities. The three ADCs that administer the state at a local level are – Khasi Hills
Autonomous District Council (KHADC), Garo Hills Autonomous District Council (GHADC) and
Jaintia Hills Autonomous District Council (JHADC).

Meghalaya’s ADCs have been widely considered as one of the most successful ADCs in
terms of social development. Literacy rate across all three autonomous districts has increased
significantly and tribal rights to occupation of land, ownership of property and freedom to
practice traditional customs have been widely successful.

However, the ADCs are marred by the prejudiced treatment they receive from the State
government. Meghalaya’s ADCs are frequently caught between the ambiguities in the Sixth
Schedule which are exploited by the Government. Meghalaya’s ADCs face challenges in
financial autonomy due to slow provisions of grants and are further restricted in the exercise
of their powers by delayed approval of legislative proposals by the Governor, advised by the

Council of Ministers. Furthermore, the contentious Paragraph 12A, which gives precedence
to State government legislation over ADC legislation, has severely slowed the functioning of
the three ADCs, along with causing clashes between the State government and ADCs. To
add to its woes, ADCs in Meghalaya face corruption charges where District Council
members are alleged to have misappropriated the funds of the ADC.

A broader question lies with the ADCs of Meghalaya regarding the functionality of its
councils, given the issue of duplicity of laws within the state. The State and ADCs have an
overlapping jurisdiction over subjects assigned to each, which have resulted in a contest for
power. Due to such disharmony between State and ADC, economic progress has slowed in
recent years.

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Mizoram

There are three ADCs in Mizoram – Chakma Autonomous District Council, Lai Autonomous
District Council and Mara Autonomous District Council. The three ADCs have achieved
success in education, for which it is ranked first among the North Eastern States. It has
managed to do so with a chronic problem of insufficient funding from the State government.

There have been repeated calls for increased funding for the ADCs by its members in recent
years. Grants-in-aid from the State government, which form an overwhelming majority of the
ADCs budgets, are inconsistent and dependent on the generosity of the State government.

Furthermore, the three ADCs cover only 15% of the State’s relatively-low population. This
metric adversely affects the ADCs when receiving funds from the Central government (via
the State government’s Consolidated Fund) as the basis of the amount that ADCs receive
from the Centre for their developmental works is population. Another problem of note within
Mizoram’s ADCs is the rampant corruption that has come to light in recent years, which has
diverted funds from crucial developmental projects
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Expansion of Sixth Schedule

into Ladakh
In early 2024, there were numerous calls from Ladakh for incorporation into the Sixth
Schedule. At the helm of this movement was the activist Sonam Wangchuk, who began a fast
to draw the attention of the Centre. The Apex Body, Leh (ABL) organised a ‘Delhi Chalo
Padayatra’ with a four-point agenda – one of which was the incorporation of Ladakh into the

Sixth Schedule.

The plea of self-governance arises from a fear of ‘outside powers’, who are unacquainted with
the needs of the tribals, administering the region. The arguments for incorporation of Ladakh
into the Sixth Schedule may be summarised as –

1. After the abrogation of Article 370, non-Ladakhis can purchase land and establish
businesses in Ladakh, which locals claim is a threat to their land and culture;

2. Ladakh can address its climate change concerns adequately through its own Autonomous
District Councils;

3. Ladakh’s Hill Councils are ineffective and incapable of real development due to statutory
limitations which do not exist under the Sixth Schedule;

4. The Hill Councils have no say over large development projects as the Lieutenant Governor,
installed by the Central Government, has the final say;

5. The total Scheduled Tribes population in the Union Territory makes up for more than 97%
of its total population;

The present Central Government has walked back on and stopped short of incorporating
Ladakh into the Sixth Schedule over concerns of fragmentation and national security.

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Key Issues with the Sixth Schedule

and Autonomous District Councils
Although clocking success in various fields of tribal autonomy and cultural
preservation, cracks have started to form in the Sixth Schedule’s framework. A
summary of the issues with the Sixth Schedule include, but are not limited to--

Governor’s Powers and the Paradoxical Promise of Autonomy

As outlined previously, the Governor is bestowed with a bouquet of powers over the
Autonomous District Councils. The Governor may constitute, dissolve or supersede the ADCs
and is entrusted with granting assent/withholding assent to the regulations and legislations
passed by the ADCs. As such, the Governor, constitutionally, has the final say in almost all
aspects of the administration of the ADCs. These powers have resulted in extensive debate on
whether the autonomy that the Constituent Assembly wished for the tribal communities has
been effectively granted.

It is key to understand that the Governor, under Article 163, has a Council of Ministers to
advise him/her in matters where his/her discretion is not sought. Under the Constitution, the
Governor rarely makes use of his/her discretion. Upon its formation, the Sixth Schedule
outlined a vague, hazy framework for the Governor to follow in the exercise of his/her
discretion. Subsequent constitutional amendments inserted Paragraph 20BA and Paragraph
20BB, which pertained to the discretion exercisable by the Governor in Assam (P. 20BA) and
Tripura and Mizoram (P. 20BB). The provisions outline that the Governor is bound to consult
the Council of Ministers and, if need be, the ADCs and Regional Councils of the respective
State in carrying out his/her constitutional functions under various paragraphs of the Sixth
Schedule. This type of discretion is distinctly different from the absolute discretion accorded

to the Governor in Paragraph 9, where he/she has the final say in royalty disputes involving
the District Council. As such, the exact nature of his/her discretion is unclear and ambiguous,
leaving room for exploitation by political elements within the Government. In Meghalaya,
given the absence of any provision similar to Paragraph 20BB, it is to be inferred that the
Governor is bound in his/her duties by Article 163 of the Constitution. That is, the Governor
may only act upon advice provided to him by the Council of Ministers.

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The de facto situation gives us a clearer picture of the issue with such ambiguity. The

Governor, in carrying out his/her duties, is almost entirely reliant on the Council of
Ministers to provide advice to act upon. The Governor hardly exercises his/her discretion
in matters in which the State government has a say. Most of the regulations and
legislations passed by the ADCs pass through the lens of the State government, who
then forwards it to the Governor to assent/withhold assent.

Herein lies the paradox which debilitates the autonomous institutions set up by the Sixth
Schedule. At the conception of the Sixth Schedule, the Governor was meant to be the guardian
of tribal communities’ autonomy in self-governance. However, with the State government
hijacking the Governor’s powers over the ADCs, the promise of autonomy is diluted by constant
interference of the State government.

Essentially, the ADCs are virtually controlled by the same institution it seeks to be

autonomous from. This virtual control over ADCs by the State government manifests in assent to
legislation, resignations and appointments, leaving the ADCs inefficient and toothless.

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Low Funding and Inadequate Financial Autonomy

Autonomous District Councils’ are empowered under the Sixth Schedule to levy and collect
taxes. However, the ADCs do not widen their tax base or increase administrative efficiency of
tax collection. Therefore, a major part of the budgets of the ADCs come from grants-in-aid
and devolution of funds from the State. This has led to ADCs being almost totally dependent
on the State government for funds, which is antithetical to the objective of detaching the ADCs
from the Government to further tribal autonomy. This dependency has led to financial

weakening of ADCs as State governments choose to delay the provision of grants-in-aid or

choose to underfund the ADCs. In Tripura, it is alleged that there exists a huge gap between
the approved budget and the funds received from the State government. Various ADCs have
also alleged that the State government does not share the revenue from licenses and royalties
from mineral extraction on time.

These financial woes result in poor economic growth and shoddy development of tribal areas.
Subsequently, some tribal areas under ADCs have registered abysmal development metrics
over the decades. Economic growth in ADC-administered areas has historically been lower
than that of State government-administered areas.

Another key issue with the Sixth Schedule is the lack of a constitutional mechanism for direct
transfer of funds from the Central government to the ADC. In practice, the Central government
must first transfer the funds it has earmarked for ADCs/tribal communities to the State
Consolidated Fund. From here, the State government devolves the funds to the respective
ADC(s). The problem with this arrangement is that it promotes the dependency of the ADC on
the State government. Furthermore, corruption at the State level depletes a large portion of the
Central grant, leaving only a sliver of the funds for developmental work by the ADC.

High Corruption

A ballooning issue with the ADCs in the North East is the prevalence of rampant corruption by
its members. Reports over the last decade by governmental institutions have highlighted
corruption across the board in all States under the Sixth Schedule. This corruption diverts key
funds from developmental work and therefore weakens the executive wing of the ADCs.

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Another aspect of corruption within the Sixth Schedule’s institutions is the corruption that is
alleged to take place in the provision of grants to ADCs. Several ADCs have alleged that the sum
total value of grants promised by the Centre is not met after it passes through the State
government’s hands.

Ultimately, the corruption in the institutions has a direct negative impact on the protection of
tribal interests and the furtherance of their causes.

Interference by the State Government

The Sixth Schedule confers a wide set of basic functions to the ADCs to allow for the

administration of tribal land and communities. However, there is a distinct lack of support for the
ADCs by the State governments. Consequently, developmental functions of the ADCs depend
largely on the political will of the State government. In a number of cases, the devolution of
power has not been met with an adequate devolution of funds and functionaries, leaving the
ADCs toothless and ineffective.

In Meghalaya, there is a clash between the State government and the ADCs over Paragraph
12A, which grants precedence to State government legislation over legislation passed by the
ADC in case of a conflict. In effect, this strips the ADCs of any sort of legislative autonomy,
thereby defeating the entire purpose of its existence. By the insertion of Paragraph 12A in order
for the State government (made up of tribal communities due to Meghalaya being a tribal
majority State) to check the powers of the ADCs, the real relevance of the ADCs in Meghalaya’s
development remains an unanswered question.

There is also alleged to be an overlap of responsibilities of the State government and the ADCs.
State governments are alleged to have persisted with its own developmental projects in
autonomous districts, even in matters over which fall under the ADCs jurisdiction such as rural
development and education. This kind of overlap significantly wastes financial resources of the
State and ADCs and creates confusion.

A few other key issues summarised are –

1. Concentration of Power – There are voices from across North Eastern states that are
concerned by the ADCs turning into institutions where decision-making is

concentrated in the hands of those who do not represent the real interests of the

electorate;

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2. Codification of Customary Laws – Various ADCs across the North East have not

codified customary laws, particularly with respect to land and boundary disputes. This has led
to extreme ambiguity in the application of customs which rich landlords

exploit to their advantage, thereby widening the inequality between the landlords and

the landless peasants;

3. Lack of Representation – There is a real lack of representation of women in the ADCs

when compared to the Panchayati Raj Institutions. As such, decision making is

hampered and the promise of a representative democracy is weakened;

4. Developmental Challenges – With the advent of climate change and increasing

exploitation of natural resources, the ADCs that are entrusted with the preservation of

North East India’s biodiversity are unable to effectively combat growing

environmental issues due to lack of funding and manpower.

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Conclusion
The Sixth Schedule is an integral part of the Constitution - so much so that it is often
referred to as a 'constitution within a constitution'. As India nears its eightieth decade of
independence, the Sixth Schedule's efficacy and implementation must be reviewed to
arrive at whether the provisions and its application are satisfactory under the spotlight of
institutional democracy.

The question of the expansion of the Sixth Schedule remains open

for the members of the AIPPM to deliberate upon.

To examine the Sixth Schedule, members of the AIPPM must wade through
constitutional provisions with precision, conduct comprehensive research and apply the
highest order of critical thinking to understand the agenda and arrive at solutions, all
while toeing the party line.
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QARMA
Questions a Resolution Must Answer
1. Is the role of the Governor vital to the functioning of the Sixth Schedule? If so, what is
the role of the Governor within the Autonomous District Council framework and to
what extent may he/she exercise his/her discretion in the conduct of his/her duties
under the Sixth Schedule with respect to Paragraph 20BA and Paragraph 20BB?

2. Should the provisions of the Sixth Schedule be extended to the Union Territory of
Ladakh?

3. To what extent have ADCs fulfilled their constitutional duties and developmental
functions under the Sixth Schedule? Is there a need to strengthen the legislative and
executive wings of the ADCs?

4. What is the relationship between the State government and the ADCs? How can the
powers of the State government be harmonized with the powers and jurisdiction of the
ADCs in a manner that curtails state government interference while ensuring
accountability of ADCs?

5. What reforms should be instituted to augment the funds devolved to the ADCs?
How can the fiscal autonomy of the ADCs be strengthened, if necessary?

6. What measures should be implemented to effectively curb and prevent corruption

within ADCs?

7. In light of Paragraph 12A of the Sixth Schedule, what is the role of Meghalaya ADCs
in the state governance framework? Should the provisions of Paragraph 12A be re-
evaluated?

8. How successful has the Sixth Schedule been in guaranteeing tribal autonomy,
safeguarding right to self-governance and protecting the land and interests of the tribal
communities? Is there a need for the continued application of the provisions of the
Sixth Schedule into the foreseeable future?.
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Expectations of the

Executive Board
The Background Guide provides a starting point for members to continue their research
off of. It is not a comprehensive research document and must not be treated as such by
the members.

The Executive Board expects members of this committee to be fully well versed with the
relevant laws and constitutional provisions, in addition to their portfolio, party and party
stance. Members must navigate through the intricacies and nuances of this agenda with
meticulous precision. It is highly recommended that members fully understand the inner
workings of the complex structures created by the Sixth Schedule, in order to facilitate
discussion and debate.

The Executive Board recommends using the following sources in research to lend
credibility to members’ arguments:

○ Constitution of India

○ Judgements by various courts

○ Constituent Assembly debates

○ Reports by Government institutions

○ Reports by the Autonomous District Councils

○ Credible research papers by independent publishers/think tanks

Members may not be limited to solely these sources.

For further queries contact aippm_kmun.in@[Link]

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Further Reading
Functioning of Autonomous Councils in Sixth Schedule Areas of North Eastern States
– ActionAi
A Study on the Validity of Autonomy Under the Sixth Schedule to the Constitution of
India – Dr. Mao Toshi A
An Interface Between Sixth Schedule and Tribal Autonomy: A Constructive Critique
on the Working of Sixth Schedule of the Constitution of India – Aniruddha Babar

For further queries contact aippm_kmun.in@[Link]