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Legal Aspects of Sixth Schedule and Autonomous Councils Legal Aspects of Sixth Schedule and Autonomous Councils

Bronze medal Reporter Adv.Lakshmi Posted 3 Dec 2018 Post Comment Visitors: 128 Read More News and Blogs
Legal Aspects of Sixth Schedule and Autonomous Councils

As per the knowledge, Indian civilization is originated about 5000 years back and it is passed through many inversions in the past years. India reigned by many outsiders. The diversity in culture, food, dress, languages is distinguished our country from others. If we go to any corner of India, their culture, food, languages, dialects all are different. The North East part of India is different in many ways, at the time of the making of our constitution our constitution assembly appointed a committee to the North East, Assam CM Gopinath Bardoloi chaired that committee, and as by the opinion of that committee autonomous district councils are formed to represent the tribal population in the local level. Sixth Schedule of the Indian Constitution is structured on the basis of this. Which include the Articles 244(2) & Article 275(1).

It is applicable to the North Eastern States Assam, Meghalaya, Tripura, and Mizoram and the tribal areas in these states are different from the other Scheduled Areas. Each one of the districts is autonomous. The boundaries of these districts can change only by the governor.  



The list below are the councils of particular regions

Assam

Bodoland Territorial Council

Karbi Anglong Autonomous Council

 Dima Hasao Autonomous District Council

Meghalaya

Garo Hills Autonomous District Council

Jaintia Hills Autonomous District Council

Khasi Hills Autonomous District Council

Tripura

Tripura Tribal Areas Autonomous District Council

Mizoram

Chakma Autonomous District Council

Lai Autonomous District Council

Mara Autonomous District Council

Constitution of District Councils and Regional Councils.—(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.

(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

(3) Each District Council and each Regional Council shall be a body corporate by the name respectively of “the District Council of (name of district)” and “the Regional Council of (name of region)”, shall have perpetual succession and a common seal and shall by the said name sue and be sued.

(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region.

(5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas.

(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organizations within the autonomous districts or regions concerned, and such rules shall provide for—

the composition of the District Councils and Regional Councils and the allocation of seats therein;

the delimitation of territorial constituencies for the purpose of elections to those Councils;

the qualifications for voting at such elections and the preparation of electoral rolls therefor;

the qualifications for being elected at such elections as members of such Councils;

the term of office of members of Regional Councils;

any other matter relating to or connected with elections or nominations to such Councils;

the procedure and the conduct of business (including the power to act notwithstanding any vacancy) in the District and Regional Councils;

the appointment of officers and staff of the District and RegionalCouncils.

6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the council after the general elections to the Council unless the District Councils sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor:

Provided that the said period of five years may, while a Proclamation of emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended bythe Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond aperiod of six months after the Proclamation has ceased to operate:



Provided further that a member elected to fill a casual vacancy shall holdoffice only for the remainder of the term of office of the member whom he replaces.

(7) The District or the Regional Council may after its first constitution make rules with the approval of the Governor with regard to the specified in sub-paragraph (6) of this paragraph and may also make rules with like approval] regulating—

the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and

generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case maybe:

Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under subparagraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council. This should be a reference to lawyers in India.



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