Autonomous District Council in North East India
- Part 2 -

Dr. Laishram Dhanabir *

Oath Taking ceremony of elected members of 6th Autonomous District Councils :: June 2010

History

The administration of the Tribal Areas of the Northeastern region, which were earlier known as ‘Backward Tracts, has a history of its own. The Grant of the Diwany of Bengal to the East India Company in 1765 by Shah Alam II, secured for the East India Company “superintendence of all revenues” in the Presidency of Bengal.

Even prior to the taking over of the territories formerly administered under the East India Company by the British sovereign in 1858, following the Sepoy Mutiny of 1857, the making of laws was entrusted to the Governor General-in-Council by the Government of India Acts of 1833 and 1853. These statutes allowed laws to be made directly (or the areas which were earlier under the authority of the East India Company.

In the subsequent years, many Acts and Regulations were passed which affected the Northeastern region in diverse ways-like the Inner Line Regulation of 18739, the Scheduled Districts ACL 1874, the Government of India Acts, 1919 and 1935. Under the scheme of Provincial Autonomy, the hill areas the then province of Assam fell into two categories, viz., the Excluded and Partially Excluded Areas, as scheduled in the Order-in-Council under the Government of India Act 1935.

The main concern of the administration at that period of time was more static than dynamic. Thus, the administrative insulation contributed to the prolongation of backwardness of the Northeastern region especially the areas predominantly inhabited by the tribal people. The British did everything possible to check the emotional;‘ integration between the tribal’s and non-tribal for the evolution of a spirit of common identity superseding ethnic diversities. There were even abortive attempts at keeping the Northeastern tribal areas outside the Indian Dominion when the Indian Independence Act of 1947 was being passed by the British Parliament10.

But, in free India, under the inspiring leadership of Jawaharlal Nehru, the policy of winning the confidence of the tribal people and promoting closer contacts and intercourses between the tribal’s and non-tribal’s, ensuring the protection of interests of the tribal’s in their lands and autonomy to shape their lives as they desire, was followed. In the Constituent Assembly, Jawaharlal Nehru moved the historic: objectives Resolution which was adopted on 22 January 1947.

These objectives have actually shaped the making of the Constitution. This Resolution proclaimed that India would be an Independent Sovereign Democratic Republic wherein, inter-alia, “adequate safeguards shall be provided for the minorities, backward and tribal areas, depressed and other backward classes”11.

When the Indian Constitution was adopted, it envisaged strong democratic institutions at the grass-root level as well as concerning the affairs of the tribal communities. Consequently, democratic decentralization and establishment of Panhayati Raj became one of the Directive Principles of State Policy. However, in the case of the Tribal Areas in the country, especially those in the Northeast, there are certain specific provisions provided in the Constitution.

The Constitution makers also recognized the necessity of a separate political and administrative structure for the Hill Tribal Areas of the erstwhile province of Assam by enacting the Sixth Schedule to the Constitution of India. In doing so, they were broadly guided by three major considerations:

(i) The necessity to maintain the distinct customs. Socio-economic and political culture of the tribal people of the region and to ensure autonomy of the tribal people and to preserve their identities12.

(ii) The necessity to prevent their economic and social exploitation by the more advanced neighboring people of the plains;

(iii) To allow the tribal people Lo develop and administer themselves according to their own genius.

An Advisory Committee on Fundamental Rights of Minorities in Tribal Areas was constituted by the Constituent Assembly in India. One of the sub-committees constituted by the Advisory Committee was the Northeast Frontier (Assam) Tribal and Excluded Areas Subcommittee under the chairmanship of Gopinath Bordoloi13, The Sub-Committee visited the tribal areas in the then composite State of Assam and interacted with the representatives of the hill people in order to formulate a model administrative set up for these areas within the State of Assam.

When the Sub-Committee studied the problems of the tribal people of the region, it realized that these areas needed protection and safeguard so that they might be able to preserve their way of life and at the same time participate in political life of the country along with others. it also noted the existence of the traditional tribal self-governing institutions which functioned democratically and settled their disputes in accordance with their own customs and traditions.

The Sub-Committee Sought to evolve a system by which it could be possible to remove the apprehensions of the tribal people, simple and backward as they were, so that they might not be exploited, subjugated and oppressed by the more advanced people.

The recommendations of the Sub-Committee were incorporated in the Sixth Schedule to the Constitution. The idea behind the Sixth Schedule was to provide the tribal people with a simple and inexpensive administration of their own, so that they could safeguard their own customs, traditions, culture, etc., and to provide them maximum autonomy in the management of their tribal affairs. The Subcommittee in particular, appreciated that the tribal people were particularly sensitive about their land. forest, traditional system of justice and social customs.

In acceptance of the recommendations of this Sub-Committee, the Sixth Schedule to the Constitution of India was adopted. This provided for the Constitution of the Autonomous District Councils (Autonomous District Councils) in certain hills districts of the then composite State of Assam.

To be continued....