Source: The Hindu 

Introduction 

A climate activist was detained while leading protesters to petition the Central government. The main demand is for Ladakh's inclusion in the Sixth Schedule of the Indian Constitution. This schedule provides for the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. The Fifth and Sixth Schedules of the Indian Constitution provide special protections for tribal areas. These were created to respect the unique cultures and needs of tribal populations, giving them more control over their land and customs.  

What is Asymmetric Federalism? 

• Asymmetric federalism refers to a constitutional arrangement where some constituent units (states or provinces) within a federation possess different powers, autonomy, or status compared to others. 
• It allows for varying degrees of self-governance among federal units, with some regions enjoying greater legislative, administrative, or fiscal powers than others within the same federal structure. 
• In an asymmetric federal system, the relationship between the central government and certain states may be governed by special constitutional provisions or laws that do not apply uniformly to all states. 

What are the Types of Asymmetric Federalism with Constitutional Provisions?

What are the Fifth and Sixth Schedules? 

• About: 
  • The Fifth and Sixth Schedules of the Indian Constitution provide special provisions for the administration and protection of Scheduled Tribes in designated areas. 
  • These schedules establish a framework for autonomy and self-governance in tribal-dominated regions, recognizing their unique cultural and administrative needs. 
  • While the Fifth Schedule applies to "scheduled areas" in 10 states, the Sixth Schedule pertains to "tribal areas" in 4 northeastern states, offering varying degrees of autonomy. 
• History: 
  • The Fifth and Sixth Schedules were modeled on the provisions for 'partially excluded' and 'excluded' areas under the Government of India Act, 1935. 
  • These schedules were a response to tribal rebellions against British policies that restricted tribal rights over forest lands and traditional practices. 
  • The creation of these schedules aimed to protect tribal interests while integrating them with the mainstream through developmental policies. 

What are the Fifth and Sixth Schedules: 

• The Fifth Schedule establishes Tribes Advisory Councils in scheduled areas, empowering governors to make regulations for land allotment, money-lending, and application of laws in these areas. 
• The Sixth Schedule creates Autonomous District Councils in tribal areas, granting them powers to make laws on land use, social customs, and local governance, as well as establish courts for dispute resolution. 
• Both schedules aim to protect indigenous cultures and interests, with the Sixth Schedule offering greater autonomy through more extensive executive, legislative, judicial, and financial powers compared to the Fifth Schedule. 
• The Fifth Schedule applies to "scheduled areas" declared by the President based on tribal population, compactness, and economic backwardness, while the Sixth Schedule covers specific "tribal areas" in Assam, Meghalaya, Mizoram, and Tripura. 
• Under Article 244 (2) of the Indian Constitution, it makes special arrangements for the administration of Tribal Areas in the States of Assam, Meghalaya, Mizoram and Tripura.   
• Under Part XXI of the Indian Constitution,  Article 371A, B, C, F, G, H grants special status to the few northeastern states of India.   

What is Autonomous District Councils (ADC) ? 

• ADCs are like mini governments for tribal areas, giving local people more control over their own affairs. 
• It Consists of 30 members, mostly elected by the local people, with a few appointed by the state governor. 
• ADCs have the power to make local laws about important aspects of tribal life, such as how land is used, farming practices, inheritance, marriage, and social customs. 
• They can set up and run basic services like primary schools, medical clinics, and build roads and waterways. 
• ADCs can collect taxes and land revenue, and even give permits for mining activities in their areas. 
• They can create their own local courts to handle disputes between tribal people, respecting traditional ways of solving conflicts. 
• ADCs have more independence in decision-making compared to other tribal areas in India, but their laws still need the governor's approval. 
• The main goal of ADCs is to protect tribal culture and interests while also helping these communities develop and connect with the rest of the country.

Why do Northeast States Get Special Status? 

• The Northeast states of India are home to over 200 unique tribal groups, each with their own special cultures, languages, and ways of life. 
• For a long time, these states struggled to get the same opportunities as the rest of India, so the government gave them special status through Article 371 of the Constitution. 
• This special status helps protect the unique cultures of these states, brings peace to troubled areas, and gives local people more say in how their regions are run. 
• Besides the Fifth and Sixth Schedules, there are also special rules for many Northeast states (like Nagaland, Assam, Manipur, Sikkim, Mizoram, and Arunachal Pradesh) that protect local customs, give more power to local leaders, and make sure governors take special care of these areas. 
• The goal of all these special provisions is to help Northeast states develop and prosper while still keeping their unique identities, and to make sure they have the same chances for education and jobs as the rest of India. 

What is Article 371 of Indian Constitution? 

• Article 371 provides special provisions for several Northeast states, recognizing their unique cultures, histories, and needs within India. 
• For Nagaland (Article 371A), it protects Naga customs, traditional laws, and land ownership rights. The state assembly can decide whether national laws apply to these areas. 
• In Assam (Article 371B), it allows for a special committee in the state assembly to represent and address the concerns of tribal areas. 
• For Manipur (Article 371C), it creates a committee for hill areas in the state assembly and gives the governor special responsibilities to ensure its proper functioning. 
• Mizoram (Article 371G) gets protection for its religious and social practices, customary laws, and land ownership systems. The state assembly decides if national laws apply to these matters. 
• In Arunachal Pradesh (Article 371H), the governor has special powers regarding law and order, allowing for more localized control of security issues. 
• For Sikkim (Article 371F), it provides for a minimum number of assembly seats and gives the governor special responsibility for peace and equitable treatment of different groups. 
• These provisions aim to protect local cultures and practices while integrating these states into the broader Indian union, balancing regional autonomy with national unity. 

What are the Challenges to Autonomy and Rights in Fifth and Sixth Schedule Areas? 

• The autonomy granted to Fifth and Sixth Schedule areas is limited in practice due to: 
  • Regulations in 'scheduled areas' requiring Central government approval  
  • Laws made by Autonomous District Councils (ADCs) requiring Governor's approval 
  • Political differences between parties at Centre, State and ADC levels affecting implementation 
• Constitutional rights and protections are being denied to many Scheduled Tribe (ST) habitations that are not officially notified as 'scheduled areas', despite being located within the 10 States under the Fifth Schedule and in other states. 
• The 125th Constitutional Amendment Bill (2019), which aims to enhance financial, executive and administrative powers of the 10 ADCs, remains pending in the Rajya Sabha, with a committee headed by the Minister of State for Home Affairs established to resolve implementation issues. 
• There are pending demands for inclusion under the Sixth Schedule from: 
  • Arunachal Pradesh Assembly 
  • Manipur Hill Area Committee for 'Hill areas'  
  • Union Territory of Ladakh 
• The Forest Rights Act, 2006 needs to be fully implemented to ensure recognition and vesting of forest rights to tribals across the country, including in both Fifth and Sixth Schedule areas. 

Conclusion  

While the Fifth and Sixth Schedules offer important protections, there's still work to be done. Many tribal areas aren't covered, and even in protected areas, the promised autonomy isn't always a reality. There are growing demands to expand these protections to more regions. To truly honor the spirit of these constitutional provisions, we need clearer guidelines, more areas included, and stronger implementation of tribal rights across India.