In the dynamic world of modern business, staying competitive requires more than just intuition and instinct. Business intelligence (BI) has emerged as a critical tool for informed decision-making, helping organizations leverage data-driven insights to enhance profitability, optimize operations, and gain a competitive edge. In this article, we delve into the transformative potential of business intelligence in driving financial success and strategic growth.
Business intelligence encompasses a range of technologies, processes, and strategies that enable organizations to collect, analyze, and transform raw data into meaningful insights. It involves the integration of data from various sources, such as internal databases, market trends, customer behaviors, and industry benchmarks. These insights guide decision-makers in understanding patterns, identifying opportunities, and making informed choices that align with organizational goals.
The cornerstone of BI is its capacity to empower decision-makers with actionable insights derived from data analysis. Every business transaction generates data, and when harnessed effectively, this data becomes a strategic asset. BI tools provide real-time dashboards, reports, and visualizations that offer a comprehensive view of financial performance, allowing organizations to identify trends, anomalies, and areas of improvement.
For instance, BI can help retailers optimize inventory levels by analyzing historical sales data and predicting demand patterns. This prevents overstocking, reduces carrying costs, and minimizes the risk of stockouts, ultimately enhancing the bottom line.
Customer-Centric Strategies
In the age of personalized experiences, understanding customer preferences is essential. BI enables businesses to gain a deep understanding of customer behaviors, preferences, and pain points. By analyzing customer data, companies can tailor their marketing efforts, improve customer service, and launch products that resonate with their target audience.
Furthermore, BI supports customer segmentation, allowing businesses to identify high-value customers and design targeted strategies to retain their loyalty. This personalized approach not only enhances customer satisfaction but also drives revenue growth.
Operational Efficiency and Cost Reduction
BI’s impact on financial gain extends to operational efficiency and cost reduction. By analyzing operational data, organizations can identify bottlenecks, inefficiencies, and areas of waste in their processes. Streamlining these processes not only improves productivity but also reduces operational costs.
For example, BI can optimize supply chain management by identifying the most cost-effective suppliers, monitoring inventory levels, and minimizing lead times. These improvements result in reduced procurement costs and enhanced order fulfillment.
Market Insights and Competitive Advantage
BI equips businesses with a clear understanding of market trends, competitive landscapes, and emerging opportunities. Through data analysis, organizations can identify shifts in consumer preferences, assess competitors’ strategies, and anticipate market trends.
This proactive approach enables businesses to pivot swiftly and capitalize on emerging trends, giving them a competitive advantage. BI can uncover untapped markets, identify gaps in the competition, and inform strategic planning to exploit these opportunities.
Risk Management and Compliance
Effective risk management is integral to financial success. BI tools can provide insights into potential risks by analyzing historical data, market fluctuations, and regulatory changes. By identifying risks early, organizations can take preventive measures, devise contingency plans, and reduce the financial impact of unforeseen events.
Moreover, BI assists in ensuring compliance with industry regulations and standards. Non-compliance can lead to costly fines and reputational damage, making BI an indispensable tool in mitigating financial risks.
Investment and Resource Allocation
Business intelligence aids in optimizing resource allocation by evaluating the return on investment (ROI) of various projects and initiatives. By analyzing historical data, organizations can assess the success of past projects, identify areas of underperformance, and allocate resources to initiatives with higher growth potential.
Additionally, BI supports capital budgeting decisions by providing insights into the profitability and feasibility of proposed investments. This data-driven approach reduces the likelihood of investing in projects that yield suboptimal returns.
The Role of Technology in Business Intelligence
Advances in technology have revolutionized the field of business intelligence. Cloud computing, machine learning, and artificial intelligence have significantly enhanced the capabilities of BI tools. Cloud-based BI platforms offer scalability and accessibility, enabling organizations of all sizes to harness the power of data analytics without heavy infrastructure investments.
Machine learning and AI algorithms enable predictive and prescriptive analytics, allowing organizations to forecast future trends, simulate scenarios, and make proactive decisions. These technologies enhance the accuracy and speed of data analysis, enabling real-time decision-making in fast-paced business environments.
Challenges and Considerations
While business intelligence offers substantial financial benefits, it’s important to address challenges such as data quality, integration, and security. Ensuring that data sources are accurate, consistent, and up-to-date is essential for reliable insights. Integrating data from disparate sources can be complex, requiring robust data integration strategies.
Moreover, safeguarding data privacy and security is critical. BI systems often deal with sensitive business and customer data, making data governance and cybersecurity paramount considerations.
Conclusion: Capitalizing on Insights for Financial Success
In the era of data-driven decision-making, business intelligence has emerged as a cornerstone of financial success and strategic growth. By leveraging data-driven insights, organizations can optimize operations, enhance customer experiences, and gain a competitive edge. The integration of technology, the power of analytics
The realm of retail has experienced a profound evolution with the emergence of e-commerce. The juxtaposition of brick-and-mortar stores, rooted in tradition, and the ever-expanding world of e-commerce, driven by digital innovation, has sparked discussions about their differences and implications. In this article, we delve into the fundamental distinctions between brick-and-mortar and e-commerce stores, examining their advantages, challenges, and the shifting dynamics of consumer behavior.
Brick-and-Mortar Stores: The Essence of Tangible Shopping
Brick-and-mortar stores have stood as the embodiment of retail for centuries. These physical establishments offer a tangible and sensory shopping experience. Shoppers can touch, feel, smell, and even taste products before making purchasing decisions. The atmosphere of a store, the interactions with staff, and the immediate gratification of taking a product home are integral components of the brick-and-mortar experience.
Tactile Experience: The ability to physically engage with products allows customers to assess their quality, texture, and suitability before making a purchase.
Human Interaction: In-store staff provide personalized assistance, recommendations, and a level of customer service that is challenging to replicate online.
Instant Gratification: Customers can walk out of a store with their purchases in hand, eliminating the wait for shipping and delivery.
Social Interaction: Physical stores offer a social experience, enabling customers to meet friends, socialize, and make shopping a leisure activity.
Brand Experience: The physical space of a store can be meticulously designed to reflect the brand’s identity and create a memorable ambiance.
Challenges of Brick-and-Mortar Stores:
Geographical Limitations: Physical stores are bound by their location, limiting their reach to the local customer base.
Operating Costs: Maintaining a physical store involves rent, utilities, staffing, and inventory management expenses.
Limited Hours: Stores operate within specific hours, which may not align with customers’ schedules.
Inventory Constraints: Physical space restricts the amount of inventory that can be displayed and offered to customers.
Competing with E-Commerce: The rise of e-commerce has intensified competition, prompting brick-and-mortar retailers to adapt and innovate.
E-Commerce Stores: The Digital Revolution of Shopping
E-commerce has revolutionized retail by bringing shopping to the digital realm. Online stores allow consumers to browse and purchase products through websites and mobile applications. The convenience of shopping from the comfort of one’s home, coupled with the ability to access a vast array of products from around the world, has driven the exponential growth of e-commerce.
Advantages of E-Commerce Stores:
Global Reach: E-commerce transcends geographical boundaries, enabling businesses to reach a global audience without physical storefronts.
Convenience: Online shopping offers 24/7 accessibility, allowing customers to shop at their convenience, regardless of time zones.
Personalization: E-commerce platforms use data-driven insights to offer personalized product recommendations, enhancing the shopping experience.
Cost Efficiency: Online stores often have lower operational costs compared to brick-and-mortar establishments.
Data Insights: E-commerce provides businesses with valuable data on customer behavior, helping them refine their offerings and marketing strategies.
Challenges of E-Commerce Stores:
Lack of Tangibility: The absence of physical interaction with products can be a barrier for customers unsure about quality or fit.
Logistics Complexity: Efficient shipping and timely delivery are crucial for customer satisfaction, requiring a robust logistics infrastructure.
Cybersecurity Concerns: E-commerce platforms handle sensitive customer data, making them susceptible to cyber threats and data breaches.
Customer Service: Online customer service must replicate the personalized touch of in-store interactions through virtual channels.
Intense Competition: The ease of entry into the e-commerce space has led to a saturation of the market, necessitating unique value propositions.
The Changing Dynamics of Consumer Behavior
Consumer behavior has been profoundly influenced by the availability of both brick-and-mortar and e-commerce options. Shoppers now exhibit an omnichannel approach, seamlessly transitioning between online and offline shopping based on convenience, preferences, and the nature of the purchase. The integration of physical and digital experiences has become paramount for retailers seeking to cater to diverse consumer demands.
Conclusion: Embracing the Convergence
The dichotomy between brick-and-mortar and e-commerce is not an either-or scenario but a convergence of two distinctive realms. Successful retailers recognize the value of an omnichannel approach that seamlessly integrates physical and digital experiences. Brick-and-mortar stores offer sensory engagement and personalized interactions, while e-commerce provides convenience, global reach, and data-driven insights.
The future of retail lies in embracing the strengths of both models to create a dynamic and comprehensive shopping ecosystem. As technology advances, innovative retailers are exploring augmented reality, virtual reality, and interactive experiences that bridge the gap between physical and digital domains. The synergy between brick-and-mortar and e-commerce presents an exciting journey toward shaping the future of retail, where the focus remains on meeting evolving customer expectations while harnessing the power of technology.
In the dynamic landscape of modern business, success is often determined by more than just financial figures. The human element, particularly the level of employee engagement, plays a crucial role in driving overall business performance and growth. In this article, we will delve into the significance of employee engagement, explore its benefits, and provide actionable strategies for fostering a culture of engagement within your organization.
Employee engagement goes beyond job satisfaction. It refers to the emotional commitment and connection employees feel towards their work, their team, and the organization as a whole. Engaged employees are motivated, enthusiastic, and fully invested in their roles, leading to increased productivity and positive outcomes.
Benefits of Employee Engagement:
Enhanced Productivity: Engaged employees are more focused, proactive, and committed to achieving their goals. They go the extra mile to deliver quality work, leading to higher levels of productivity.
Reduced Turnover: A strong culture of engagement contributes to higher employee retention rates. When employees feel valued and connected, they are less likely to seek opportunities elsewhere.
Inventiveness and Ingenuity: Employees with high engagement levels often exhibit a knack for devising inventive solutions and displaying resourcefulness. Their sense of ownership and commitment fosters a culture of continuous improvement.
Customer Satisfaction: Engaged employees provide better customer service. Their positive attitude and dedication reflect in their interactions with clients, leading to improved customer satisfaction.
Positive Work Environment: Employee engagement promotes a positive and inclusive work environment, which in turn boosts morale and overall job satisfaction.
Strategies for Fostering Employee Engagement:
Effective Communication: Transparent and open communication channels ensure that employees are well-informed about company updates, goals, and their individual contributions to the organization’s success.
Recognition and Appreciation: Regularly acknowledge and appreciate employees for their hard work and achievements. Recognize their efforts through both formal programs and informal expressions of gratitude.
Professional Development: Provide opportunities for skill development and career growth. Engaged employees are often those who see a clear path for advancement within the organization.
Promote Self-Determination: Instill empowerment by including employees in decisions and encouraging them to take control of their work. Feeling trusted and valued enhances their engagement.
Work-Life Balance: Prioritize a healthy work-life balance by offering flexible work arrangements and wellness programs. A balanced lifestyle contributes to improved job satisfaction and engagement.
Team Building: Foster a sense of camaraderie and teamwork through team-building activities, workshops, and collaborative projects. Strong relationships among team members contribute to a positive work environment.
Feedback Mechanisms: Establish a feedback loop where employees can share their thoughts, concerns, and suggestions. Regular feedback sessions help address issues and demonstrate that their opinions matter.
Conclusion:
Investing in employee engagement is not just a feel-good gesture; it’s a strategic decision that directly impacts business success. Engaged employees are more likely to stay loyal, work harder, and contribute creatively to the organization’s growth. By implementing thoughtful strategies that prioritize employee well-being, development, and recognition, businesses can harness the power of engagement to drive performance and achieve sustainable success in the competitive market.
By A.Romen Kumar Singh, IPS(Retd) Senior Advocate High Court of Manipur
The administration of the tribal areas in the North East Region which were earlier known as “BACKWARD TRACTS” has a history of its own.The constitution of India aims at the formation of egalitarian order, free from exploitation, the fundamental equality of humans and to provide support to the weaker sections of the society. Schedule VI has been inserted in the Constitution to provide protective umbrella to the tribal for their social emancipation.
Constitution of District Councils and Regional Councils
3
Paragraph III
Powers of the District Councils and Regional Councils
4
Paragraph IV
Administration of Justice in Autonomous Districts and Autonomous Regions
5
Paragraph V
Conferment of Powers under the code of Civil Procedure, 1908 and the code of Criminal Procedure, 1898 now 1973 (Act of 1974) on the Regional and District Councils are on certain courts and officers for the trails of certain suits, cases and offences
6
Paragraph VI
Powers of the District Councils to establish primary schools etc.
7
Paragraph VII
District and Regional Funds
8
Paragraph VIII
Powers to assess and collect revenue and to impose taxes
9
Paragraph IX
Licenses or leases for the purpose of prospecting for or extracting of minerals
10
Paragraph X
Powers of District Council to make regulating for the control of money-lending and trading by non-tribals
11
Paragraph XI
Publication of laws, rules and regulations made under the schedule
12
Paragraph XII
Application of Acts of Parliament and of the Legislature of the State of Assam to Autonomous Districts and Autonomous Regions in the State of Assam
12-A
Paragraph 12-A
Application of Acts of Parliament and of the Legislature of the State of Meghalaya to Autonomous Districts and Autonomous Region in the State of Meghalaya
12A-A
Paragraph 12A-A
Application of Acts of Parliament and of the Legislature of the State of Tripura to Autonomous Districts and Autonomous Region in the State of Tripura
12-B
Paragraph 12-B
Application of Acts of Parliament and of the Legislature of the State of Mizoram to Autonomous Districts and Autonomous Region in the State of Mizoram
13
Paragraph 13
Estimated receipts and expenditure pertaining to Autonomous Districts to be shown separately in the annual financial statement
14
Paragraph 14
Appointment of commission to inquiry into and report on the Administration of Autonomous Districts and Autonomous Regions
15
Paragraph 15
Amendment of Suspension of Acts and resolution of District and Regional Councils
16
Paragraph 16
Dissolution of a District or a Regional Council
17
Paragraph 17
Exclusion of areas from Autonomous Districts in forming constituencies in such Districts
19
Paragraph 19
Transitional provision
20
Paragraph 20
Tribal areas
20-A
Paragraph 20-A
Dissolution of the Mizo District Council
20-B
Paragraph 20-B
Autonomous Regions in the Union Territory of Mizoram to be Autonomous Districts and transitory provisions consequent thereto
20-C
Paragraph 20-C
Interpretation
21
Paragraph 21
Amendment of the Schedule
PROTECTIVE UMBRELLA UNDER SIXTH SCHEDULE IS NOT FOR ALL TRIBALS
The constitutional protective umbrella under the Sixth Schedule is not extended to all the tribals. It is extended only to those tribals who are still primitive, educationally, socially, economically backward and away from social mainstream. Any claim made contrary to the above will jeopardise and endanger the long constitutional mandate of the Sixth Schedule hallowed by time and sanctified by the desire of the Founding Fathers of the Constitution.
ROLE OF THE GOVERNOR, PRESIDENTAND STATE LEGISLATURE
Role of the Governor
The Governor occupies a pivotal and key position in the administration of tribal areas under the provisions of the Sixth Schedule to the Constitution. An analysis of the provisions of the Sixth Schedule clearly demonstrate that at every stage, the Governor has to perform a very important role and nothing effective and meaningful action can be taken without involvement of the Governor. It is useful to note the various powers exercised by the Governor under the provisions of the Sixth Schedule and they are as under:
1. The Governor may divide area of District Council into Autonomous Regions [para 1(2)]
2. He may issue notification for inclusion, exclusion, creation, increase, decrease, unite or define areas of District Council or alter the name of any District Council. [paragraph 1(3)]
3. The Governor can nominate four members in each District Council who hold office at his pleasure. [Paragraph 2(1) and 2(6A)]
4. The Governor is empowered to frame of rules for the first constitution of District Council or the Regional Council. [Paragraph 2(6)]
5. The Governor is required to approve the rules made by the District Council and the Regional Council for composition and delimitation of the District and the Regional Council, qualification term of officeetc. of its members and generally for all matters regulating thetransaction of business pertaining to the administration of the district. [Paragraph 2(7)]
6. Laws made by the District Council and the Regional Council have no force of law unless assented by the Governor. [Paragraph 3(3)]
7. The Governor may specify the extent of jurisdiction of the High Court over suit and cases tried by District Council Courts. [Paragraph 4(3)]
8. Rules made by the District Council and the Regional Council regarding constitution, procedure etc. of the Village Council and District Council Court are required to be approved by the Governor. [Paragraph 4(4)]
9. The Governor may confer power under CPC and Cr.P.C. on the District Council Courts for trial of specified nature of cases and may also withdraw or modify the same. [Paragraph 5]
10. The Regulations for the regulation and control of primary schools, dispensaries, markets, road transport, waterways etc can be framed by the District Council only with the previous approval of the Governor. [Paragraph 6(1)]
11. The Governor may entrust, conditionally or unconditionally, all or any of the executive powers available to the State to the District Council or its officers with the consent of the District Council. [Paragraph 6(2)]
12. The Governor may make rules for the management of District and Regional Fund. [Paragraph 7(2)]
13. Regulations framed by the District and Regional Council for levy and collection of taxes require assent of the Governor to have the force of law. [Paragraph 8(4)]
14. Dispute between District Council and Regional Council in the case of royalty for extraction of minerals, such dispute is required to be referred to the Governor and the decision of Governor is final. [Paragraph 9(2)]
15. The Governors of Tripura and Mizoram may prescribe the period within which the royalty acquiring from grant of lease for extraction of minerals is to be shared between the State Government and District Council. [Paragraph 9(3)]
16. Regulations framed by the District Council for the control of money lending and trading by nontribals require assent of the Governor to have the force of law. [Paragraph 10(3)]
17. The Governor of Assam is empowered to direct that any Act of Parliament or of the State Legislature (other than matters specified in paragraph 3 and legislation prohibiting or restricting the consumption of any non-distilled alcoholic liquor) shall not apply to an autonomous district or an autonomous region or shall apply, subject to such exceptions or modifications, as may be notified. [Paragraph 12 (1)(b)]
18. The Governors of Tripura and Mizoram are empowered to direct that any Act of the State Legislature, (other than matters specified in paragraph 3 and legislation prohibiting or restricting the consumption of any non-distilled alcoholic liquor) shall not apply to an autonomous district or an autonomous region or shall apply, subject to such exceptions or modifications, as may be notified. [Paragraph 12AA(b) & Paragraph 12B(b)]
19. The Governor may appoint a Commission to enquire into the administration of Autonomous District/Regions. [Paragraph 14(1)]
20. Report of Commission appointed under paragraph 14 is required to be laid before the State Legislature with the recommendation of the Governor (except in case of State of Assam) with respect thereto. [Paragraph 14(2)]
21. The Governor may place one of the ministers in charge of the welfare of the autonomous District/Region in the State. [Paragraph 14(3)]
22. The Governor may annul and /or suspend of acts and resolution of the District and Regional Council, if such act or resolution is likely to endanger the safety of India or prejudicial to the public order. [Paragraph 15(1)]
23. The Governor may dissolve a District or Regional Council and assume to himself all or any of the functions or powers of the District or the Regional Council on the recommendation of the Commission appointed under paragraph 14. [Paragraph 16(1)]
24. Governor may dissolve a District or Regional Council and assume to himself all or any of the functions or powers of the District or the Regional Council, if he satisfied that the administration of the autonomous district or region cannot be carried out in accordance with the provisions of the Sixth Schedule to the Constitution. [Paragraph 16(2)]
25. The Governor may declare that any area within an autonomous district shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district, but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order for the purposes of elections to the Legislative Assembly of the State. [Paragraph 17)]
26. The Governor under paragraph 18 was authorized to apply the provisions of the Sixth Schedule to Part B areas (as originally framed). Further, the Governor was to administer these areas, in his discretion, as an agent of the President. However Paragraph 18 has been omitted by the North Eastern Areas (Reorganisation) Act, 1971. [Paragraph 18)]
27. The Governor was required to constitute District Council for each autonomous district as soon as possible and until constitution of District Council, the administration of such district vested in the Governor. [Paragraph 19)]
Governor to act on aid and advice of Council of Ministers
Having noticed the important and pivotal role played by the Governor in the working of the Sixth Schedule, it is necessary to understand, whether the Governor discharges the said function in his personal discretion or on the aid and advice of the Council of the Minister as provided the Article 163 of the Constitution. Article 163 of the Constitution reads as under:
“163. Council of Ministers to aid and advise Governor. –
There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.”
There has been extensive debate on this issue in the Constituent Assembly. Under the scheme of the Government of India Act, 1935, the Governor was to act in his discretion [vide section 93(3)] so far as the excluded areas are concerned, and he had a special responsibility to make regulation for peace and good government [vide section 92(2)] as regards the partially excluded areas. However, departure was made in the Draft Constitution and discretionary power of the Governor was retained only with respect to annulment and suspension of acts and resolutions of District Council (draft paragraphs 15) and as regards of Constitution of District Council for each autonomous region (draft paragraph 18). But during the course of the debate in the Assembly, Dr. Ambedkar himself moved for deletion of these provisions from the two paragraphs. The discretion was confined only while administering the areas, specified in Part B of the Table appended to Paragraph 20 and as regards resolution of dispute between District Council and State Government in the matter of share of royalty for extracting minerals under paragraph 9(2). For rest of the provisions Dr. Ambedkar stated that “wherever the word Governor occurs, it means Governor acting on the advice on the ministry”.
POWER OF GOVERNOR IS NOT INDEPENDENT OF REST OF CONSTITUTION – GOVERNOR IS BOUND BY ADVICE GIVEN BY COUNCIL OF MINISTERS.
PU MYLLAL HLYCHHO V. State of Mizoram A.I.R. 2005 SC 1537 Constitution Bench
In the instant case, the nominated members of the Autonomous District Council held office during the pleasure of the Governor and the Council of Minsters advised the Governor to terminate the membership of these appellants and all relevant records were placed before the Governor. The relevant papers show that the contents of all the relevant files were brought to the knowledge of the Governor and he accepted the advice of the council of Ministers. As the Governor was not left with any discretionary power, he was bound by the advice given by the Council of Minister. The termination of the members from council by Governor is proper.
The above judgement has been delivered by relying upon the judgement of 7 Judges of the Supreme Court as reported in Shamshar Singh V. State of Punjab, (1974)2 SCC 831.
APPOINTMENT IN SCHEDULED AREAS
STATE GOVERNMENT MAKING 100% RESERVATION FOR THE LOCAL CANDIDATES/RESIDENTS OF SCHEDULED AREAS IN THE STATE IS VIOLATIVE OF ARTICLE 16(1)AND (2) OF THE CONSTITUTION.
StyajitKumar V. State of Jharkhand 2022(1) SCALE 640
For appointment of trained graduate teachers in the State of Jharkhand, the Governor has issued under Para 5 of the Fifth Schedule of the Constitution of India making 100% reservation for the local candidates/residents of the Scheduled Areas.
The Supreme Court held that the Governor as conferred in Para 5(1) of the Fifth Schedule of the constitution of India cannot issue notification making 100% reservation for the local candidates/residents of the scheduled areas in the state of Jharkhand being violative of Article 16(1) & (2) of the constitution of India.
NO LAW MANDATES THAT ONLY TRIBAL TEACHERS SHOULD TEACH IN SCHEDULED AREAS
CHEBROLU LEELA PRASAD RAO Vs State of Andhra Pradesh (2022) 11 SCC 401
The Founding Fathers never envisaged reservation of all seats-The Constitution aims at the formation of egalitarian order, free from exploitation, the fundamental equality of humans and to provide support to the weaker sections of the society and where from there is a disparity to make them equal by providing protective discrimination- The Constitution in the historic perspective leans in favour of providing equality and those aims sought to be achieved by the constitution by giving special protection to the socially and economically backward classes by providing a protective umbrella for their social emancipation and providing them equal justice ensuring right of equality by providing helping hand to them by way of reservation measures. But no law mandates that only tribal teachers will teach in the Scheduled Areas – Such action differs the logic. Another reason given is the phenomenal absenteeism of teachers in schools – That could not have a ground for providing 100% reservation to the tribal teachers in the Scheduled Areas.
POWER OF THE GOVERNOR TO EXTEND THE TERM OF COUNCIL UNDER PARAGRAPH 2(6A) OF SCHEDULE VI IS DISCRETIONARY
JatankumarThaosen Vs State of Assam,(2009)4 GLR 556
The Division Bench of the Guwahati High Court held that power of the Governor to extend the term of the council is discretionary. Power could be exercised by the Governor in his discretion provided he is of the opinion that circumstances exist which render the holding of the election impracticable.
PROCLAMATION OF GOVERNORS’S RULES IN GARO HILLS AUTONOMOUS DISTRICT COUNCIL WITHOUT BASING ON MATERIAL THAT ADMINISTRATION OF AUTONOMOUS DISTRICT COUNCIL CANNOT BE CARRIED ON, IS ILLEGAL
ROYNATH D. SANGMA Vs State of Meghalaya, 2010(6) GLJ 683
The Guwahati High Court held Proclamation of Governor’s Rule under Paragraph 16(2) of the Sixth Schedule in Garo Hills Autonomous District Council without basing on material that the administration of Autonomous District Council, Garo Hills cannot be carried on in accordance with the provision of Sixth Schedule, is illegal.
Role of the President
In our Constitutional scheme, The Governor is appointed by the President and holds office during pleasure of the President. It has been noticed about that the Governor has all pervasive role over the working of the District Council under the Sixth Schedule, yet in certain cases power has been conferred on the President. In some matters the Governor is required to act on the basis of the recommendation of President, and in some other matters the President is empowered to act directly. The role of President in the functioning of the Sixth Schedule to the Constitution may be summarized hereunder: –
Law enacted by the North Cachar Hills Autonomous Council, Kabi Anglong Autonomous Council and Bodo Territorial Council relating to matters specified in List III of the Seventh Schedule are required to be reserved by the Governor for the Consideration of the President and when a law is reserved for the consideration of the President, the President may give assent to the such law or withhold the assent or suggest District Council to reconsider the law or introduce amendments on specific provisions. [Paragraph 3A(2)(3) & Paragraph 3B(2)(3)]
President has been conferred with power to issue notification amending sub paragraphs (1) to (4) of paragraph 4 (dealing with administration of justice) in relation to such autonomous district or region, as may be specified in the notification, after consulting the concerned State Government. [Paragraph 4(5)]
The powers of the Governor available under paragraph 5(1) (conferring powers under C.P.C. and Cr.P.C. on District Council Courts) can be withdrawn on and from the date appointed by the President in the notification. [Paragraph 5(4)]
The President, with respect of any Act of Parliament, may to issue notification, directing that the any such Act will not apply to Meghalaya, Tripura and Mizoram or shall apply with such exception or modification, as may be specified in the notification. [Paragraph 12A(b),12AA(c) &12B(c)]
The Governor under paragraph 18 was authorized to apply the provisions of the Sixth Schedule to Part B areas (as originally framed), subject previous approval of the President. Further, the Governor was to administer these areas till application of the provisions of the Sixth Schedule to such areas, as an agent of the President. However Paragraph 18 has been omitted by the North Eastern Areas reorganization Act. 1971. [Paragraph 18)]
Regulation made by the Governor for peace and good government of any area, before District Councils were constituted, required assent of the President to have the force of law. [Paragraph 19(3)]
Role of State Legislature
The provisions of the Sixth Schedule has been termed as mini Constitution and the District Council constituted under it possess legislative, executive as well as judicial power. State legislature has minimal role over the functioning of the District Council. Under the provision of paragraph 12, 12AA and 12B, the laws passed by the State legislature of Assam, Tripura and Mizoram are contrary to legislation passed by the District Council, the State legislation are not applicable unless so directed by the District Council. However in case of State of Meghalaya, the State legislation has supremacy over the laws enacted by the District Council under paragraph 12A. Despite the above position, the State legislature has the following functions to perform:
The estimated receipts and expenditure pertaining to autonomous district is to be shown separately in the annual financial statement of State which is to be laid before the State Legislature. (Paragraph 13)
Report of the Commission appointed under paragraph 14 (regarding creation, increase, decrease or uniting areas of District Council, and regarding administration of Autonomous District/Regions) is required to be laid before the State Legislature. [Paragraph 14(2)]
Order of the Governor annulling and /or suspending any acts and resolution of the District and Regional Council (if such act or resolution is likely to endanger the safety of India or prejudicial to the public order) is to be laid before the State legislature as soon as possible with reasons therefore who can revoke such order of the Governor. [Paragraph 15(2)]
The Governor may assume to himself all or any of the functions or powers of the District or the Regional Council on the recommendation of the Commission appointed under paragraph 14 only after the concerned District or Regional Council is given an opportunity to place its views before the State legislature. [Paragraph 16(1)]
The order of the Governor dissolving a District or Regional Council on the satisfaction that the administration of the autonomous district/region cannot be carried out in accordance with the provisions of the Sixth Schedule to the Constitution is also required to be laid before the State legislature, and such order ceases to operate on the expire of thirty days from the date on which the State legislature first sits after the issue of the order, unless approved before the said period. [Paragraph 16(3)].
TRIAL BY FIRST-TRACK COURT UNDER SCHEDULE VI-NO JURISDICTION
Everest LyndohNongpur Vs State of Meghalaya, 2009(4) GLT 514
The Guwahati High Court held that First Track Court are not empowered under Sixth Schedule of the Constitution to try offence involving tribal under Paras 4 and 5. Such courts do not have jurisdiction to try offenses where victim of offense as well as accused are tribal.
DISTRICT COUNCIL IS NOT CLOTHED WITH PLENARY POWER OF LEGISLATION LIKE PARLIAMENT AND STATE LEGISLATURES:
The District Council of V.K. & J, Hills, Shillong V. Miss SITIMON SAWAN A.I.R. 1972 S.C. 787 5 Judges.
The Constitution Bench of the Supreme Court held that the District Councils unlike the Parliament and the State Legislatures are not intended to be clothed with plenary power of legislation. Their power to make laws is expressly limited by the provisions of the Sixth Schedule which has created them and they can do nothing beyond the limits which circumscribe their power. It is beyond the domain of the courts to enlarge constructively their power to make laws
SIXTH SCHEDULE – PARAGRAPH 3(1) CLAUSE (A) LAND COMPRISED IN AUTONOMOUS DISTRICT COUNCIL BELONGS TO STATE NOT DISTRICT COUNCIL – DISTRICT COUNCIL CANNOT EVICT PERSON IN OCCUPATION.
UDALDAS PANIKAPRALLAD CHANDRA DAS V. KARBI ANGLONG DISTRICT COUNCIL (1990)1 GLR 78
The Division Bench of the Gauhati High Court held that land comprised in autonomous District Council belongs to State and not District Council. Eviction person in occupation of the land by District Council by issuing vague notice without giving reasonable opportunity to occupants is hereby quashed.
Haobam Paban Kumar’s documentary film ‘Iron Women of Manipur’ and Meena Longjam’s documentary film ‘Andro Dreams’ will compete in the 15th International Documentary and Short Film Festival of Kerala 2023 organised by the Kerala State Chalachitra Academy on behalf of Government of Kerala to be held at Thiruvananthapuram from August 5 to 9 this year.
‘Iron Women of Manipur’ has been officially selected among 15 films in the Competition Short Documentary category and ‘Andro Dreams’ among 14 films in the Competition Long Documentary category of the festival, said a statement issued by Meghachandra Kongbam, president, Film Society of Manipur.
Haobam Paban Kumar’s 26-minute long Manipuri documentary is a tribute to the sports personalities of the country who have contributed immensely to the development of women in sports.The film follows the inspiring stories of the pioneers of women weightlifters, from N Kunjarani Devi, Padmashri Awardee 2011 and Anita Chanu, Dhyanchand Awardee to the present-day weightlifting sensation of India Mirabai Chanu, Padmashri Awardee 2018.
Narration and subject expert of the film is sports journalist Ratneshwari Goswami. Saikhom Ratan takes the helm as cameraman with Laishram Devakumar Meetei as the sound designer and Sankha, the editor. The film is produced by the Films Division.
Meanwhile, Meena Longjam’s 63 minute and 17 seconds long documentary is the love story of Laibi, an old woman with a spirited soul and her three decade old all girls’ football club battling economic challenges, patriarchal system and orthodoxy in an ancient village of north east India.
Sunny Sarungbam is the cameraman, Debajit Gayal sound designer, Sankha editor and Jimbo Takhellambam music in the film which is produced by Airameen Media and Janis Vishwanath.
Haobam Paban Kumar, one of Manipuri Cinema’s decorated filmmaker, has done it again with his latest Manipuri feature film, “Joseph ki Macha” (Joseph’s Son) getting premiered in the largest international film festival of Asia and the longest running international film festival of China.
This time, his 83-minute film on the fear and uncertainty of life in Manipur, devastated by armed conflict and ethnic divide, did Manipuri Cinema proud by being Indian’s lone entry to the main competition section of the 25th Shanghai International Film Festival 2023, which was held from 9th to 18 June in China’s biggest city and global financial hub.
Co-Produced by National Film Development Corporation and Haobam’s own production firm, Oli Picture, “Joseph’s Son is based on a short story by Sudhir Naoroibam, a Sahitya Akademi Award winner. The story revolves around Joseph’s (played by Guru Rewben Mashangva) search for his missing son through a landscape of dismal and turmoil.
The Manipuri film was in the competition section with 11 other international films for the prestigious Golden Goblet Award 2023. It got its world premiere on 13th June at the Shanghai Film Centre as part of the film festival.
Along with director Haobam Paban Kumar, the protagonist, Guru Rewben Mashangva and executive producer of the film, PP Math attended the festival. Haobam Paban Kumar is a nominated executive member of the Manipur State Film Development Society (MSFDS) who repeatedly grabbed international attention with his reel stories of Manipur.
“Joseph ki Macha” is his third Manipuri feature film. Each of his earlier films have all earned critical accolades in the festival circuits of the world. Debuted with Loktak Leirembi or Lady of the Lake, his second production being “Nine Valley One Valley”.
