Unveiling the Triumphs and Challenges: India National Football Team in 2023
In the ever-evolving world of football, the India National Football Team stands at the crossroads of transformation and promise in 2023. As we navigate through the highs and lows of their journey, the spotlight remains firmly on the team’s aspirations, challenges, and the pivotal role they play in shaping the football landscape. Join us in this exploration of the India National Football Team, a narrative that goes beyond the scores and stats, with a focus on the human touch that defines their pursuit of glory.
The saga of the India National Football Team is steeped in history, dating back to its formation in 1937. In 2023, the team continues to be a symbol of national pride, with a rich tapestry of achievements and challenges that have shaped its identity. The ‘India national football team’ keyword serves as a gateway to delve into the team’s legacy, from its early struggles to moments of triumph that have etched themselves into the nation’s sporting consciousness.
Current Landscape: India National Football Team in 2023
As we step into 2023, the India National Football Team finds itself at a crucial juncture, with aspirations to ascend the global football hierarchy. The strategic initiatives and developmental programs in place underscore a concerted effort to enhance the team’s competitiveness. The ‘India national football team’ keyword reflects the contemporary football landscape, capturing the essence of the team’s ongoing journey and the collective aspirations of players and fans alike.
Emerging Talents and Seasoned Stars
One cannot discuss the India National Football Team in 2023 without acknowledging the blend of emerging talents and seasoned stars that form its nucleus. The infusion of young blood into the squad brings a refreshing dynamism, while the experienced players provide the much-needed stability. The ‘India national football team’ keyword serves as a bridge between the stalwarts who have carried the torch and the promising talents who are poised to make their mark on the international stage.
Challenges on the Horizon
While optimism pervades the narrative, challenges loom on the horizon for the India National Football Team in 2023. From intense competition in the Asian football circuit to the perennial quest for consistent international success, the team grapples with multifaceted challenges. The ‘India national football team’ keyword encapsulates these challenges, serving as a reminder of the team’s resilience and determination to overcome obstacles in their pursuit of excellence.
Strategic Vision and Developmental Initiatives
The strategic vision for the India National Football Team goes beyond the confines of the playing field. In 2023, a series of developmental initiatives have been implemented to bolster grassroots football, scouting systems, and youth academies. The ‘India national football team’ keyword, in this context, signifies not only the senior squad but also the broader ecosystem that is essential for sustainable success in the global football arena.
Fan Engagement: Heartbeat of the Team
Football is not merely a game; it’s a shared passion that unites fans and players. In 2023, the India National Football Team recognizes the significance of fan engagement in amplifying the team’s spirit. The ‘India national football team’ keyword resonates with the fervor of supporters, serving as a digital rallying cry that connects fans across the nation, fostering a sense of belonging and collective pride.
A Glimpse into the Future
As we peer into the future of the India National Football Team, optimism reigns supreme. The synergy between seasoned campaigners and emerging talents, coupled with strategic initiatives, lays the groundwork for a promising trajectory. The ‘India national football team’ keyword, with each search, becomes a beacon that illuminates the evolving narrative of Indian football, inviting enthusiasts to be part of a journey that transcends borders and unites a diverse nation in its love for the beautiful game.
Unveiling the Triumphs and Challenges: India National Football Team in 2023
In the ever-evolving world of football, the India National Football Team stands at the crossroads of transformation and promise in 2023. As we navigate through the highs and lows of their journey, the spotlight remains firmly on the team’s aspirations, challenges, and the pivotal role they play in shaping the football landscape. Join us in this exploration of the India National Football Team, a narrative that goes beyond the scores and stats, with a focus on the human touch that defines their pursuit of glory.
India National Football Team: A Glorious Past
The saga of the India National Football Team is steeped in history, dating back to its formation in 1937. In 2023, the team continues to be a symbol of national pride, with a rich tapestry of achievements and challenges that have shaped its identity. The ‘India national football team’ keyword serves as a gateway to delve into the team’s legacy, from its early struggles to moments of triumph that have etched themselves into the nation’s sporting consciousness.
Current Landscape: India National Football Team in 2023
As we step into 2023, the India National Football Team finds itself at a crucial juncture, with aspirations to ascend the global football hierarchy. The strategic initiatives and developmental programs in place underscore a concerted effort to enhance the team’s competitiveness. The ‘India national football team’ keyword reflects the contemporary football landscape, capturing the essence of the team’s ongoing journey and the collective aspirations of players and fans alike.
Emerging Talents and Seasoned Stars
One cannot discuss the India National Football Team in 2023 without acknowledging the blend of emerging talents and seasoned stars that form its nucleus. The infusion of young blood into the squad brings a refreshing dynamism, while the experienced players provide the much-needed stability. The ‘India national football team’ keyword serves as a bridge between the stalwarts who have carried the torch and the promising talents who are poised to make their mark on the international stage.
Rising through the FIFA Rankings
In the global football landscape, the FIFA rankings serve as a barometer of a team’s standing. In 2023, the India National Football Team’s ascent through the rankings is a testament to its progress. The ‘India national football team’ keyword reflects not only the team’s current rank but also the collective ambition to climb higher and compete with the best on the world stage. Each search using the keyword becomes a small contribution to the team’s digital footprint, amplifying its global presence and recognition.
Tactical Evolution: A Modern Approach
Football evolves, and so do playing styles. The tactical evolution of the India National Football Team in 2023 is a captivating aspect that the ‘India national football team’ keyword encapsulates. Modern coaching methodologies, data analytics, and a nuanced approach to the game contribute to the team’s adaptability and competitiveness. As fans search for the latest insights, the keyword serves as a gateway to the dynamic strategies that define the team’s playing philosophy.
International Friendlies and Tournaments
The international calendar for the India National Football Team in 2023 is replete with challenges and opportunities. From crucial FIFA World Cup qualifiers to prestigious tournaments like the AFC Asian Cup, fans eagerly follow the team’s journey. The ‘India national football team’ keyword becomes a companion for enthusiasts seeking updates, match analyses, and glimpses of the team’s performance on the grand stage. It transforms each search into a shared experience, connecting fans during moments of triumph and solidarity during setbacks.
Community Outreach and Social Impact
Beyond the realm of competitive football, the India National Football Team actively engages in community outreach and social impact initiatives. From promoting grassroots football to supporting social causes, the players embody a spirit of responsibility. The ‘India national football team’ keyword, in this context, extends beyond the sport itself, representing a commitment to using the platform for positive change. It signifies a team that understands its role in society and leverages its influence to make a meaningful impact.
Women’s Football: Breaking Barriers
In 2023, the India National Women’s Football Team is making significant strides, breaking barriers and challenging stereotypes. The ‘India national football team’ keyword encompasses not only the men’s squad but also the burgeoning success and recognition of the women’s team. Each search is a step towards acknowledging and celebrating the achievements of women in Indian football, fostering inclusivity and inspiring the next generation of players, regardless of gender.
Football is a sport that thrives on the energy and passion of its fans. The ‘India national football team’ keyword serves as a virtual meeting point where fans converge to express their unwavering support. Social media platforms light up with discussions, debates, and a shared sense of camaraderie. The keyword becomes a conduit for the exchange of emotions, uniting a diverse fan base under the common banner of cheering for the nation.
Looking Ahead: The Road to FIFA World Cup
The pinnacle of international football is the FIFA World Cup, and the India National Football Team’s dream to qualify for this prestigious tournament fuels the narrative in 2023. The ‘India national football team’ keyword, in every search, represents not just a desire for information but a collective yearning to witness the tricolor on the grandest stage. Each search is a digital cheer, an expression of hope, and a belief that the team is on the right path to script history.
In the vast landscape of football, the India National Football Team’s journey in 2023 is dynamic, filled with challenges, triumphs, and the collective spirit of a nation rallying behind it. The ‘India national football team’ keyword, with each search, is a dynamic thread weaving through the digital tapestry of Indian football. As we conclude this exploration, let the keyword stand not just as a search term but as a beacon illuminating the vibrant and ever-evolving legacy of the India National Football Team – a legacy shaped by players, coaches, fans, and the shared passion for the beautiful game.
The Immortal Legacy of Kapil Dev: A Cricketing Maestro in 2023
In the realm of cricket, few names resonate as profoundly as Kapil Dev, an iconic figure whose influence extends far beyond the cricketing arena. As we delve into the captivating journey of Kapil Dev in 2023, his remarkable achievements and enduring impact on the sport come to the forefront.
Kapil Dev, often hailed as the ‘Haryana Hurricane,’ embarked on his cricketing odyssey with unwavering determination. Born on January 6, 1959, in Chandigarh, India, Kapil’s meteoric rise in the cricketing world began at a young age. His exceptional all-round skills, marked by powerful batting and formidable pace bowling, quickly set him apart.
In the late ’70s and early ’80s, Kapil Dev’s name became synonymous with cricketing prowess. His leadership was pivotal in India’s historic 1983 Cricket World Cup triumph, a watershed moment that forever etched his name in the annals of cricketing history. Kapil Dev’s extraordinary performance in the tournament, both as a captain and a player, solidified his status as a cricketing legend.
The Kapil Dev Era: A Golden Chapter in Cricketing History
The Kapil Dev era was characterized by resilience, flair, and a never-say-die attitude. His remarkable ability to lead by example on the field endeared him to fans worldwide. Kapil’s indomitable spirit was perhaps best exemplified in the 1983 World Cup final against the West Indies. Against all odds, his scintillating knock of 175 not out became the linchpin for India’s historic victory, transforming him into a national hero.
In the subsequent years, Kapil Dev continued to weave magic on the cricket pitch, amassing records and accolades that cemented his legacy. His remarkable achievement of becoming the highest wicket-taker in Test cricket at the time showcased the versatility that defined his cricketing persona.
Kapil Dev’s Impact Beyond the Boundary
Beyond the statistics and records, Kapil Dev’s impact extended far beyond the cricketing boundary. His sportsmanship, humility, and commitment to the game inspired a generation of cricketers. In 2023, Kapil Dev remains an influential figure, actively involved in mentoring and promoting the sport.
Kapil Dev’s foray into entrepreneurship and philanthropy adds another layer to his multifaceted personality. His initiatives to promote cricket at the grassroots level and support various charitable causes demonstrate a commitment to giving back to society.
Kapil Dev: A Living Legend in 2023
As we navigate through the cricketing landscape of 2023, Kapil Dev stands as a living legend, revered for his contributions to the sport and society at large. The resonance of the ‘Kapil Dev’ keyword in the digital sphere is a testament to the enduring fascination with this cricketing maestro.
In contemporary times, cricket enthusiasts and aspiring players continue to explore the wealth of knowledge encapsulated in Kapil Dev’s illustrious career. The ‘Kapil Dev’ keyword remains a beacon for those seeking insights into the golden era of Indian cricket and the timeless values he embodies.
In conclusion, Kapil Dev’s journey from a young aspiring cricketer to a cricketing icon mirrors the spirit of determination and passion that defines the sport. In 2023, the ‘Kapil Dev’ keyword not only signifies a search for cricketing statistics but also encapsulates the essence of a man whose impact transcends generations. As we celebrate the enduring legacy of Kapil Dev, his name resonates not just as a cricketing legend but as an evergreen symbol of inspiration for cricket enthusiasts around the world.
In 2023, the echoes of a historic industrial conflict still resonate in the fields of Singur, West Bengal. The dispute between Tata Motors and the state government, led by Mamata Banerjee, remains a pivotal episode in India’s economic landscape. This article delves into the complex web of events surrounding Tata Motors, Singur, West Bengal, and Mamata Banerjee’s influence in 2023.
Tata Motors’ Ambitious Venture
Tata Motors, one of India’s leading automotive companies, had ambitious plans in 2006 to set up a manufacturing plant in Singur, West Bengal. The proposed plant was intended to produce the Nano, touted as the world’s most affordable car. The initiative promised economic growth and employment opportunities in a region that had long been grappling with agrarian challenges.
Singur: The Epicenter of Conflict
Singur, a rural community in West Bengal, became the epicenter of a conflict that would shape its destiny for years to come. The acquisition of agricultural land for the Tata Motors plant triggered protests and demonstrations by farmers and activists. The controversy centered on land acquisition, compensation, and the impact on local livelihoods.
Mamata Banerjee’s Leadership
Mamata Banerjee, the leader of the Trinamool Congress, played a pivotal role in the Singur conflict. Her staunch opposition to the land acquisition for the Tata Motors plant made her the face of the agitation. In 2011, Mamata Banerjee’s party won a landslide victory in the West Bengal state elections, and her government swiftly announced the return of land to farmers, marking a significant turning point.
Implications for Tata Motors
The Singur conflict had significant implications for Tata Motors. The company had invested heavily in setting up the plant and had ambitious plans for the Nano. The eventual withdrawal from Singur was a setback for the company’s expansion and production goals. In 2023, Tata Motors continues to thrive but with a different manufacturing landscape.
A Victory for Farmers
For the farmers and residents of Singur, the return of land marked a significant victory. Their long-standing demands for fair compensation and the right to continue their agricultural livelihoods were realized. The Singur case set a precedent for land acquisition and the importance of addressing the concerns of affected communities.
Economic and Political Ramifications
The Singur conflict reverberated not only in the fields of West Bengal but also in India’s political arena. Mamata Banerjee’s stance on Singur propelled her into the national spotlight, and she went on to become the Chief Minister of West Bengal. Her victory in 2011 brought about a shift in the state’s political landscape, with her party, the Trinamool Congress, coming to power.
Resettlement and Rehabilitation
Resettlement and rehabilitation of those affected by the land acquisition in Singur were key concerns. In 2023, the focus has shifted to ensuring that the affected individuals have access to resources and opportunities to rebuild their lives. This process reflects the ongoing commitment to addressing the social and economic fallout of the Singur conflict.
Evolving Industrial Landscape
The Tata Motors Singur saga was a pivotal moment in India’s industrial landscape. It led to a reevaluation of land acquisition policies and the need to balance economic development with the rights of affected communities. In 2023, the nation continues to grapple with these challenges as it seeks to foster industrial growth while ensuring the welfare of its citizens.
Mamata Banerjee’s Continuing Influence
Mamata Banerjee’s role in the Singur conflict remains a significant aspect of her political legacy. As the Chief Minister of West Bengal in 2023, her leadership style and governance continue to influence the state’s trajectory. Her tenure is marked by a focus on social welfare programs and development initiatives.
The Legacy of Singur
The Singur conflict in 2023 is remembered as a pivotal moment in India’s economic and political history. It serves as a reminder of the importance of addressing the concerns of affected communities and balancing industrial growth with social welfare. The legacy of Singur continues to shape discussions on land acquisition and the rights of citizens in India.
As we journey further into the 21st century, the world of travel continues to transform, and business class, often considered the epitome of luxury and comfort in air travel, is no exception. In this article, we will explore the evolution of “business class” in 2023, looking at how airlines are redefining this premium travel experience to cater to the ever-evolving needs and desires of discerning passengers.
Business class travel in 2023 is not just about reaching your destination; it’s an experience that begins the moment you step on board. Airlines have taken a fresh approach to redefine and enhance the business class journey.
A Step Beyond Luxury
The essence of business class in 2023 goes beyond mere luxury. It’s about creating a space where passengers can relax, work, and indulge. Airlines are focusing on delivering a premium experience that resonates with the evolving demands of their clientele.
Innovative Seating Arrangements
Modern business class cabins are a testament to innovation. Airlines are introducing new seating arrangements that provide additional privacy and space. From the ever-popular lie-flat beds to individual pods with direct aisle access, the comfort and convenience of passengers are at the forefront.
Advanced Entertainment
In-flight entertainment systems have seen a remarkable upgrade. Business class passengers in 2023 can expect larger high-definition screens, a wider selection of movies, TV shows, and even live streaming options. The experience mirrors a personal cinema in the sky.
Culinary Excellence
Fine dining is no longer confined to high-end restaurants on the ground. Airlines are collaborating with renowned chefs to curate delectable menus that cater to a range of dietary preferences. The in-flight dining experience is elevated to a level of gastronomic delight.
Personalized Service
In 2023, business class passengers are not just customers; they are guests. Airlines are investing in a highly trained and attentive cabin crew that understands the individual needs and preferences of each traveler. Personalization is the key to providing an exceptional journey.
A Focus on Wellness
The modern business class experience recognizes the importance of passenger wellness. Airlines are incorporating elements like mood lighting, noise-cancelling headphones, and even dedicated relaxation zones to ensure passengers arrive at their destination feeling refreshed.
Innovations in Sleep Comfort
The ability to rest and arrive at your destination well-rested is a hallmark of business class. Airlines are introducing advanced sleep amenities, including luxurious bedding, memory foam mattresses, and even pajama sets to make sleeping in the sky a dreamy experience.
Sustainable Travel
The future of business class travel in 2023 is marked by a commitment to sustainability. Airlines are increasingly incorporating eco-friendly practices, from reducing single-use plastics to investing in more fuel-efficient aircraft. Sustainability has become an integral part of the premium travel experience.
Connectivity in the Skies
In our digital age, staying connected is essential. Business class cabins are equipped with high-speed Wi-Fi to keep passengers connected to their work, family, or entertainment throughout the flight.
As airlines strive to meet the unique demands of travelers, a new category is emerging: “Business Class Plus.” This elevated class offers an even more exclusive experience, featuring private suites, personal chefs, and dedicated concierge services.
The Business Class of the Future
While business class in 2023 has reached new heights, the future promises even more exciting developments. Airlines are exploring the potential of virtual reality for in-flight entertainment, creating immersive experiences. Moreover, sustainability and eco-conscious travel will continue to shape the business class of the future.
The Ultimate Conclusion
In 2023, “business class” has become synonymous with unparalleled luxury and comfort. Airlines are redefining the premium travel experience to meet the evolving demands of their passengers. The journey from check-in to touchdown has become a seamless, pleasurable experience, ensuring that business class remains the gold standard of air travel in the years to come.
In the vast tapestry of India’s social, economic, and cultural landscape, there exists a dark and distressing thread: human trafficking. India, with its diverse population and complex socio-economic challenges, is unfortunately a hotspot for this heinous crime. This article delves into the complexities of human trafficking in India, exploring its various dimensions, root causes, the legal framework, and the efforts to combat this grave issue.
Human trafficking is a global problem, involving the recruitment, transportation, harboring, or receipt of people through the use of force, coercion, fraud, or deception, with the aim of exploiting them for forced labor **2. Scope and Scale:
India, as one of the most populous countries in the world, grapples with a significant problem of human trafficking. The scale of the issue is vast, and it affects people from all walks of life, particularly women and children. It’s estimated that millions are at risk of trafficking, and many have already fallen victim to it.
**3. Root Causes:
Human trafficking is a multifaceted problem with deeply rooted causes:
Poverty: Poverty is a major factor driving vulnerability to trafficking. People living in poverty are often lured by the promise of better job opportunities and living conditions.
Lack of Education: Limited access to education perpetuates vulnerability. Lack of awareness and education makes individuals easier targets for traffickers.
Gender Discrimination: Women and girls are disproportionately affected by trafficking. Gender discrimination and violence play a significant role in the trafficking of women and children for sexual exploitation.
Lack of Employment Opportunities: A lack of legitimate job opportunities can push individuals into the hands of traffickers who promise employment.
Conflict and Displacement: Conflict regions and areas of political instability are breeding grounds for trafficking. Displacement and refugee crises increase vulnerability.
**4. Types of Human Trafficking in India:
India experiences various forms of human trafficking:
Forced Labor: Victims are subjected to exploitation in sectors such as domestic work, agriculture, construction, and factories.
Sex Trafficking: India is a source, transit, and destination country for sex trafficking.
Child Labor: Millions of children in India are involved in child labor, often under harsh conditions and with limited or no access to education.
Bonded Labor: People are trapped in debt bondage, often inherited from one generation to the next.
Organ Trafficking: The illegal trade in organs is another dimension of human trafficking, with vulnerable individuals often coerced or deceived into selling their organs.
**5. Legal Framework:
India has laws in place to address human trafficking, including the Immoral Traffic (Prevention) Act, 1956, and the Bonded Labor System (Abolition) Act, 1976. Additionally, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, offer legal protection to children from sexual exploitation.
**6. Challenges in Combating Human Trafficking:
Despite legal frameworks, combating human trafficking remains a complex challenge in India:
Lack of Awareness: Many individuals are unaware of their rights and the risks of trafficking.
Corruption: Corruption within law enforcement agencies and the judiciary often hampers efforts to combat trafficking.
Inadequate Victim Support: Rehabilitation and reintegration programs for survivors of trafficking are often lacking or underfunded.
Cross-Border Trafficking: India shares borders with several countries, and cross-border trafficking is a significant issue. Coordination with neighboring nations is essential.
**7. Efforts and Initiatives:
India has made efforts to combat human trafficking:
Rescue and Rehabilitation: Government and non-governmental organizations conduct rescue and rehabilitation operations to free victims and provide them with support.
Awareness Campaigns: Various campaigns and initiatives are aimed at raising awareness about human trafficking and its prevention.
Partnerships: Collaborative efforts with international organizations and neighboring countries have been established to combat cross-border trafficking.
**8. Conclusion:
Human trafficking is a dark stain on the social fabric of India, affecting millions of lives. It is a complex issue with deep-rooted causes, and its eradication requires concerted efforts from government, civil society, and the international community. Legal frameworks are in place, but their effective implementation and enforcement remain ongoing challenges. Combating human trafficking necessitates a multifaceted approach, addressing not only the legal aspects but also the socio-economic conditions that perpetuate vulnerability.
Efforts to combat trafficking in India should focus on prevention through education and awareness, the protection of victims, prosecution of traffickers, and international cooperation. Only through a sustained and collective endeavor can India hope to eliminate this grave violation of human rights and ensure a brighter and safer future for its citizens, free from the shadows of trafficking.
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”.
The Supreme Court in the case as reported in (1997)8 SCC 191 (Supra) has emphatically mentioned that tribals, on account of their isolation, remained illiterate, uneducated, unsophisticated, poor and destitute. At the same time, the recommendations of the Sub-committees (Supra) mainly focussed that the Government policies should be for the preservation of the tribal’s social customs from sudden erosion, and the safeguarding their traditional vocations without the danger of their absolute exploitation by the more sophisticated elements of the population. Illiteracy and exploitation of tribals by elements of population form the basic foundation of applying the provisions of Sixth Schedule.
Sixth Schedule in Manipur :
State of Manipur is the only state of the seven sister states of the North Eastern Region to which the provisions of the Sixth Schedule have never been applied. Manipur was initially a Union Territory, being a Part C State in the First Schedule to the Constitution, having been placed as item No.9. According to Part VIII of the Constitution (Article 239), Part C States were administered by the President through Chief Commissioner or Lieutenant Governor.
The states in the North Eastern Region were reorganised by the North Eastern Areas (Reorganisation) Act, 1971 and by section 3 thereof, the state of Manipur was formed comprising the territories which immediately before that day were comprised in the Union Territory of Manipur.
Separate provisions for constitution of district councils for hill areas of Manipur.
Close on the hills of formation of the state of Manipur by the aforesaid Act, the Manipur (Hill Areas) District Council Act, 1971 (Act 76 of 1971) was passed by the Parliament for constitution of District Councils for the Hill Areas of the state of Manipur. the aforesaid Act has been replaced by the state enactment namely, the Manipur Hill Areas Autonomous District Council Act, 2000 (Manipur Act 11 of 2000) wherein details provisions are made for the functioning of the District Council is constituted in the Hill Areas of the State. District Councils have been constituted in all the five Hill Districts of Manipur.
These are:
Ukhrul Autonomous District Council, Ukhrul
Tamenglong Autonomous District Council, Tamenglong
Churachandpur Autonomous District Council, Churachandpur
Chandel Autonomous District Council, Chandel
Senapati Autonomous District Council, Senapati
Sadar Hills Autonomous District Council, Kangpokpi
Insertion of Article 371 C
By the Constitution (27th Amendment) Act, 1971, Article 371 C has been inserted whereby the Parliament has been empowered to constitute a Committee of Legislative Assembly for the Hill Areas of the State. Further, the Governor is required to make annual report to the President regarding administration of the Hill areas of the State. It further provides that executive power of the Union extends to giving direction to the State in the administration of said areas.
Power of the governor under Sixth Schedule to be exercised on the aid and advice of council of ministers.
Power under Sixth Schedule : Pu Myllai Hlychho Vs State of Mizoram (2005) 2 SCC 92
Constitution bench of the Supreme Court held as below
Page 94 – Para 1: (i) The provisions of the Sixth Schedule to the Constitution have evolved a separate scheme for the administration of the tribal areas in Assam, Maghalaya, Mizoram and Tripura through the institution of District Councils or Regional Councils. These Councils are vested with legislative power on specified subjects, allotted sources of taxation and given powers to setup and administer their system of justice and maintain administrative and welfare services in respect of land, revenue, forests, education, public health etc.
(ii) Satisfaction of governor required by constitution is not personal satisfaction.
Page 98 – Para 15 : The executive power also partakes the legislative or certain judicial action. Wherever the Constitution requires the satisfaction of the Governor for the exercise of power or function, the satisfaction required by the Constitution is not personal satisfaction of the Governor but the satisfaction in the Constitutional sense under the cabinet system of government.
The Governor exercises functions conferred on him by or under the Constitution with the aid and advice of the Council of Ministers and he is competent to make rules for convenient transaction of the business of the Government of the State, by the allocation of business among the Ministers under Article 166(3) of the Constitution.
It is the fundamental principle of English Constitutional Law that the Ministers must accept the responsibility for every executive act. It may also be noticed that in regard to the executive action taken in the name of the Governor, he can not be sued for any executive action of the State and Article 300 specifically states that the Government of state may sue or may be sued in the name of the state subject to the restriction placed therein.
Powers of the president and governor are similar to crown under the parliamentary system.
This Court has consistently taken the view that the powers of the President and the Governor are similar to the powers of the CROWN under the British Parliamentary System. We followed the principle in (1) Rai Sahib Ramjawaya Kapur Vs. State of Punjab, AIR 1955 S.C. 549, A. Sanjeevi Naidu V. State of Madras, (1970)1 SCC 443 and U.N.R Rao V. Indira Gandhi, (1971) 2 SCC 63.
(iii) Termination of four members from mara authonomous district council by the governor of mizoram on the advice of council of ministers is perfectly in accordance with Sixth Schedule.
Page 103 – Para 32 : In the result, we hold that the Governor was bound by the aid and advice of the Council of Ministers and the termination of the four members from MADC by order of the Governor on 5.12.2001 was perfectly in accordance with the constitutional provisions and the Sixth Schedule to the Constitution.
For nomination of members governor was justified in making consultation with council of ministers
The nomination of the four members to the council by orders dated 6.12.2001 was legal and the Governor acted by virtue of the discretionary power vested in him. The Governor was justified in making consultation with the Council of Ministers and the Governor making such incidental consultation with the Council of Ministers did not in any way affect the discretionary power.
No other authority interfered with the independent exercise of the Governor’s discretion in nominating the four members of MADC and the notification issued by the Governor on 6.12.2001 was validly made and the decision of the Division Bench of the Gauhati High Court does not call for any interference.
Observation of sub-committees is preservation of social customs from erosion and safeguarding traditional vocations.
The joint meeting of the two sub-committees held in August, 1947 observed, inter alia, that primarily the government policies relating to the tribes and tribal areas had been the preservation of their social customs from sudden erosion, and the safeguarding their traditional vocations without the danger of their absolute exploitation by the more sophisticated elements of the population.
At the same time the sub-committees recognised the fact that the keeping the tribals in isolation should not continue for an indefinitely long period, and, therefore, the alternative government policy should be to raise their educational level and standard of living to such extent that they might in course of time be assimilated with the rest of the population: the sub-committee did not find it advisable to remove the administrative distinction between the backward areas and the rest of the country and thus recommended that while certain areas like Sambalpur in Bihar and Angul in Orissa need not further be treated differently from the regularly administered areas, other tribal, excluded and partially excluded areas need a simplified type of administration to protect the tribals from exposure to the complicated system of the ordinary law courts and from the exploitation of the traders and money lenders who used to take advantage of their simplicity and illiteracy, and deprive them from their land and right of survival.
The sub-committee recommended that the areas predominantly inhabited by aboriginals in the provinces other than Assam should be known as “Scheduled Areas”; whereas the area predominantly inhabited by aboriginals in the state of Assam and mostly being frontier or border areas should be known as ‘Tribal Areas”. The recommendations of the two Sub-Committee should not be considered by the Constituent Assembly in its session in July, 1947, when the Broad principles of the Constitution were settled, since, as stated by Dr, Ambedkar, the same were received too late.
However the Drafting Committee considered the recommendations and the draft prepared by the Sub-Committees, at the stage of drafting and suitable provisions including Schedules V and VI were included in the draft constitution of February, 1948, and thus, provisions of VI Schedule germinates in the Constitution of India.
The provisions of the Sixth Schedule to the Constitution have evolved a separate scheme for the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram through the institution of District Councils or Regional Councils. These councils are vested with legislative power on specified subjects, allotted sources of taxation and given powers to set up and administer their system of justice and maintain administrative and welfare services in respect of land, revenue, forests, education, public health etc.2.
Provisions of sixth schedule
The various provisions of Sixth Schedule can be briefly summarised as below:
Para 1 of the Sixth Schedule deals with tribal areas in each item of the table appended to paragraph 20 of this schedule as autonomous district.
Para 2 of the Schedule deals with the Constitution of District Councils and Regional Councils.
Para 3 of the Sixth Schedule deals with the powers of the District Councils and Regional Councils to make laws.
Para 4 of the Sixth Schedule deals with the administration of justice in autonomous districts and autonomous regions.
Under Para 5 of the Sixth Schedule, powers under the Code of Civil Procedure, 1908, and the code of Criminal Procedure, 1898 are conferred on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.
Para 6 of the Schedule deals with the powers of the District Council to establish primary schools etc.
Under Para 7 of the Schedule, District and Regional Funds shall be constituted for each autonomous district council and for each autonomous region. All moneys received shall be credited to the District and Regional Funds in the course of the administration of such district or region as the case may be in accordance with the provisions of the constitution.
Para 8 of the Schedule deals with the powers to assess and collect land revenue and to impose takes.
Para 9 of the schedule deals with Licences or leases for the purpose of prospecting for or extraction of minerals.
Under Para 10 of the Schedule District Council has the power to make regulations for the control of moneylending and trading by non-tribals.
Under Para 11, all laws, rules and regulations made under this schedule by a District Council or a Regional Council shall be published forth with in the official Gazette of the State and shall on such publications have the force of law.
Para 12 of the Schedule deals with the 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. 12A: Para 12A deals with application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya. 12AA: Para 12AA of the Schedule deals with application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State of Tripura. 12B: Para 12B of the Schedule deals with application of Acts of Parliament and of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the state of Mizoram.
20: Para 20 of the Schedule deals with the provision that areas specified in Paras I, II, IIA and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram. 20A: Para 20A deals with Dissolution of the Mizo District Council 20B: Para 20B of the Schedule says that Autonomous Regions on the Union Territory of Mizoram to be autonomous Districts and transitory provisions consequent thereto. 20C: Para 20C of the Schedule deals with the interpretation of this Schedule. 21: Para 21 of the Schedule deals with the amendment of the Schedule.
Under Para 13 of the Schedule, the estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State shall be first placed before the District Council for discussion and than after such discussion be shown separately in the annual financial statement of the state to be laid before the Legislature of the state under Article 202.
Under Para 14 of the Schedule the Governor may at any time appoint a Commission to inquire into and report on the administration of autonomous districts and autonomous regions.
Under Para 15 of the Schedule, if at any time the Governor is satisfied that an act or resolution of a District or Regional Council is likely to endanger the safety of India or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the council and the assumption to himself of all or any of the powers vested in or exercisable by the council) to prevent the commission or continuation of such act or the giving effect to such resolution.
Under Para 16 of the Schedule the Governor may on the recommendation of a commission appointed under Paragraph 14 of this Schedule by public notification order the dissolution of a District or Regional Council.
Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
Provision of Para 19 of the Schedule relates to transitional provisions to enable the Governor to take steps for the constitution of a District Council for each autonomous district in the State.
