Fifth and Sixth schedule of Constitution of India : A comparative analysis
- Part 5 -

Dr Th Siamkhum *

It has also been observed, during the last 64 years of its creation, there are numerous instances of financial irregularities contributing to the inefficient and malfunctioning of District Councils. Grant-in-aid received from the State government are misused by diverting under different heads, particularly in Non-Plan-Expenditure.Even certain basic financial rules are not being observed in most of the District Councils. Most of the District Councils could not prepare a balanced budget resulting in overspending as over draft.

There was widespread financial mismanage- ment in most of the District Councils, particularly before 1969, when the system of audit was introduced by Auditor and Comptroller General. The ineffective performances of District Council could also be attributed to their financial dependence on State Governments for financial assistance in the form of grants aid. Though the District Councils have the power to levy and collect taxes, the money collected by way of taxation was far from sufficient resulting in heavy over draft.

It is also to be observed that the District Councils alleged State Government of not paying its share of royalty from licenses and leases from extracting mineral resources within the jurisdiction of the District Councils. Again, the major source of income of the District Councils is grant-in-aid as provided under Article 275 of the Constitution. Most of the District Councils under the Scheme of Sixth Schedule alleged that State Governments practiced a routine delay in releasing grant-in-aid, which directly effected the smooth functioning of District Councils.

In some cases, however, the delay in release of grant-in-aid could be because of the delay in submission of utilization certificates by the District Councils.In education sector, District Councils are empowered to establish and maintain primary schools and also prescribe medium of instruction. Despite these, the rate of literacy in Karbi-Anglong, North-Cachar Hills, and Chakma District Councils are extremely low, making one to believe that District Councils in these Districts are incompetent to look after primary education.

One of the major causes of inefficient functioning of the District Councils is that there is no provision for co-ordination of works between District Councils, Regional Council and State Government. There is no co-ordination of work for development between these three political entities, working in the same area and for the same purpose. This, sometimes, created a kind of confusing and embarrassing situation, thereby, instead of serving the purpose of development, created mis- understanding between them.

The Sixth Schedule under para 3(1) 8 and 10 lays down that no law passed by the Parliament and State Legislature should not apply within the jurisdiction of District Council, unless the District Councils approved the legislations. This provision has been changed in the case of Meghalaya and Mizoram by inserting para 12-B in the Sixth Schedule which gives an overriding character to the acts passed by State Legislature.

It is, therefore, to be observed that the Sixth Schedule seems to be self-contradictory in the sense that while providing that State and Central legislation shall not apply within the territorial jurisdiction of the District Council without the approval of the Council, it at the same time, provided an overriding power to the State Government of Meghalaya and Mizoram over District Councils in their respective State.

The Constitutional provision under the Sixth Schedule relating to Chieftainship is vague and ambiguous in that, while it is clearly mentioned in the para 3(g) of the Schedule that the District Council shall have the power to appoint succession of Chiefs, it has not clearly mentioned as to whether the District Council has been given the power to abolish the institution of Chieftainship. In 1954, the government of Assam passed an Act for abolition of Chieftainship without any valid constitutional sanction. The lands under the Chiefs are also under the control of District Council. When Mizo Hills District was given the status of Union Territory in 1971, and Statehood in 1986, the land under District Council came directly under the control of State Government and; after the abolition of District Council, the land became Non-Scheduled.

5. Concluding Observations

District Councils under Sixth Schedule, as compare to District Council or Tribes Advisory Council under the Fifth Schedule, is a powerful political institution, drawing its power and function directly from the Constitution. The Sixth Schedule is also, sometimes referred to as a Constitution within a Constitution. While District Council under the Fifth Schedule is the creation of state legislature, District Councils under the Sixth Schedule are the product of Constitution, drawing all their powers and functions from the Constitution itself.

Being the creator of District Council, under the Fifth Schedule, the State Legislature has the power to amend any provision of the Act under which it is created. District Councils under the Sixth Schedule enjoy extensive powers including executive legislative and judicial powers, all derived from the Constitution. On the other hand, District Councils under the Fifth Schedule enjoy limited power which are all executive in nature and legislative powers are being denied to them.

Again, regarding financial matter, the Constitution, under the provision of Sixth Schedule, has clearly mentioned the sources from which the District and Regional Councils would receive finances. As per the provision of the relevant part of the Sixth Schedule, District and Regional Councils within their respective jurisdiction may collect land revenue, collect taxes on land holdings etc.; and also they would be given grant-in-aid, loan and advances from the State. The Constitution has made this provision, mandatory for the state to give grant-in-aid, loan and advance as required by the Councils.

District and Regional Councils are also given the power to prepare budget for their respective Council. On the other hand, District Councils established under the provision of the Fifth Schedule, are not given the financial power for preparing budget for themselves. There was no mentioning of sources of income and; there was no mentioning of grant-in-aid advances from state. However, since District Council or Tribe Advisory Councils are created by the State Government, it is the moral duty of State Government to give finances for the Council it has created.

Again, regarding delegation of power, District and Regional Councils under Sixth Schedule,it has been clearly mentioned in the relevant provision of the Schedule as to what are the powers and functions to be delegated and what are to be retained by the State. The Sixth Schedule provides long list of items on which the Council could exercise power. On the other hand, regarding delegation of powers, being created by State Government, powers to be delegated to District Council and Tribes Advisory Council under Fifth Schedule are decided by the State Cabinet.

It is the evident from the above discussion on the provision of Fifth Schedule and Sixth Schedule that District Councils established under the Sixth Schedule have much more powers. The Sixth Schedule, being referred to as a mini-constitution within a Constitution, has given wide ranging executive, legislative, judicial and financial power to District and Regional Councils. District and Regional Councils under the Schedule could also be referred to as ‘mini-state’ as the composition, structure and functions are near similar to that of State.

Concluded..