Article

October 29, 2023 Imphal By Banti Phurailatpam:

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.

The New Face of Business Class in 2023

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.

The Rise of “Business Class Plus”

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.

“The Advancement of Business Class in 2023: Lifting the Skies” Read More

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.

Articles 244(2) and 275(1)

PROVISIONS AS TO THE ADMINISTRATION OF TRIBAL AREAS IN THE STATES OF ASSAM, MEGHALAYA, TRIPURA AND MIZORAM

CHAPTERS UNDER SCHEDULE VI

1	Paragraph I	Autonomous Districts and Autonomous Regions
2	Paragraph II	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, PRESIDENT AND 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: –

1. 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)]
2. 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)]
3. 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)]
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)]
5. 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)]
6. 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:

1. 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)
2. 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)]
3. 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)]
4. 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)]
5. 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.

SCHDULE-VI ROLE OF GOVERNOR AND COUNCIL OF MINISTERS Read More

• Part 2 –

By A Romen Kumar Singh, 03/06/2023 Imphal

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.

Sixth Schedule

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:

1. 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.
2. Para 2 of the Schedule deals with the Constitution of District Councils and Regional Councils.
3. Para 3 of the Sixth Schedule deals with the powers of the District Councils and Regional Councils to make laws.
4. Para 4 of the Sixth Schedule deals with the administration of justice in autonomous districts and autonomous regions.
5. 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.
6. Para 6 of the Schedule deals with the powers of the District Council to establish primary schools etc.
7. 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.
8. Para 8 of the Schedule deals with the powers to assess and collect land revenue and to impose takes.
9. Para 9 of the schedule deals with Licences or leases for the purpose of prospecting for or extraction of minerals.
10. Under Para 10 of the Schedule District Council has the power to make regulations for the control of moneylending and trading by non-tribals.
11. 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.
12. 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.

13. 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.
14. 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.
15. 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.
16. 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.
17. Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
18. Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
19. 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.

Sixth Schedule in Manipur ( Part 2) Read More

• Part 1 –

By A Romen Kumar Singh 01/07/2023

“You can not teach democracy to the tribal people; you have to learn democratic ways from them. They are the most democratic people from earth. What my people require is not adequate safeguards. They require protection. We do not ask for any special protection. We want to be treated like every Indian” . . .

Jaipal Singh representing tribal said while debating on the preamble to the constitution before the Constitution Assembly.

This might have set the tune for the framers of the Indian Constitution towards the tribal’s mite in the Constitutional Scheme, but definitely the tribal’s constitution, i.e. the Sixth Schedule which is described by Justice M.Hidayatulla as a “mini constitution”.

Status of tribals as first settlers in the country

A Bench of Three Judges of the Supreme Court as reported in SAMATHA V. State of Andhra Pradesh, (1997)8 SCC 191 at page 277 – Para 136 held that tribals are stated to be the first settlers in the country but were gradually pushed back into the forests and hills by subsequent settlers who later came to be known as the plainsmen or people of or from the plains. The forests and hills provided a natural barrier and isolated the tribals from the people living in the plains. On account of their isolation, they remained illiterate, uneducated, unsophisticated, poor and destitute, and developed their own society where they allowed themselves to be governed by their own primitive and customary laws and rituals.

Brief historical background

By a notification under Section 52A(2) of the Government of India Act, 1915-19, the Governor-General in Council declared the following territories in the then province of Assam as backward tracts: (1) The Garo Hills District; (2) The British portions of Khasi & Jaintia Hills District other than the Shillong. Municipality and cantonment; (3) The Mikir Hills; (4) The North Cachar Hills District; (5) The Naga Hills District; (6) The Lushai Hills District; (7) The Sadiya Fronteir Tract; (8) The Balipara Fronteir Tract; (9) The Lakhimpur Fronteir Tract.

However, the British Government desired to limit exclusion of these areas as much as possible and ultimately referred the matter for further examination by the Indian Statutory Commission, 1930, popularly known as Simon Commission. The Simon Commission in its report mentioned that during 1930’s these backward tribal areas extended up to almost 1,20,000 sq. miles with a populace of about 11 million, and were stretched mainly in Bihar, Orissa, Punjab, Burma, Bengal and Assam.

Object of government policy (Primitive or indigenous)

The object of Government policy in relation to these areas inhabited by backward, tribal and aboriginal people was visualised by the Simon Commission. Until then the object had been primarily to give these primitive. Inhabitants Security of land tenure, freedom of pursuit of their traditional means of livelihood, and a reasonable exercise of their ancestral customs have been the primordial necessity of the object. No self-determination or rapid political advancement was considered necessary but an experienced and sympathetic handling and protection from economic subjugation by their neighbours was felt more important for these people.

Perpetual isolation from main stream of progress and development would not be a long term measure.

This Commission also realised that the perpetual isolation from the main stream of progress and development would not be a long-term beneficial measure and that it would be ultimately necessary to make these people educated and self-reliant and drawn to the main stream of development through gradual assimilation with the mainfolk. The Commission, on one hand, considered it too huge a task to be left to the Missionaries and individuals, since for a long term policy of uninterrupted pursuance, coordination of activities an adequate fund would be required, while on the other hand, a typically backward area was considered to be non-productive or non-revenue-earning and deficit area for which no provincial legislature was likely to possess either the will or the means to develop the area without any return. At the same time, it was felt by the commission that it would not be a realistic arrangement if these areas were placed under such a centralised administration that there would be a risk of its separation from the provinces of which the areas were an integral part.

Recommendation of commission

In this backdrop, the commission ultimately recommended that the responsibility of administration of the backward tracts or areas should be entrusted to the Central Government but the Central Government should use the non-political officers of the Governors as agents for the administration of these areas and that depending on the degree of backwardness, it could be prescribed under the appropriate rules how far Governor would act in consultation with his Ministers in charge of his duties as an agent of the Central Government.

Recommendation of the commission not adopted

However, the Simon Commission’s recommendation for centralised administration for all the backward areas were not adopted in the Constitutional reforms of 1935. On the other hand, the Government of India Act, 1935 created three types of special areas. Under the Act, 1935, these backward areas were classified as excluded arreas and partially excluded areas.

The newly created excluded areas, to the extent of about 18,000 square miles in Assam and 10,000 square miles in the provinces of Madras, Bengal, North-West Frontier, Punjab and Assam were placed under the personal rule of the Governor’s in their discretion. The needy created partially excluded areas were placed under the responsibility of a Minister specifically in charge of such areas while the Governor was assigned with certain special responsibility in the administration of these areas only in certain matters in respect of which he had the power to act in his individual judgement and to overrule the Minister’s advice.

No act of the federal or provincial legislature would apply

The Government of India Act, 1935 further provided that no Act of the Federal of Provincial Legislature would apply to any of these areas, but the Governors had the authority to apply any such Act with or without modification as they would consider necessary. In addition to these excluded and partially excluded areas, there were certain “tribal areas” which were defined in Section 311(1) of the Government of India Act, 1935, as “areas along the frontiers of India or in Baluchistan, which are not part of British India or Burma or of any Indian State or of any foreign State”.

The status of these areas was very peculiar, as in terms of the definition they did not form part of the British India; nor the British Parliament or the Legislatures in British India had any direct legislative powers in respect of these areas. Whatever powers were exercisable in respect of these areas, the same in fact originated from some, “treaty, grant, usage, sufferance or otherwise”, and to validate the effect of such treaty etc. the Government of India Act, 1935 contained a specific provision, enabling the Governor-General to act in his discretion in respect of administration of these areas and keeping the same outside the Ministerial responsibilities.

Need for attention of the constituent assembly to these areas. In a statement on 16.5.1946 the Cabinet Mission reiterated the need for special attention of the Constituent Assembly to these excluded and partially excluded areas and tribal areas while drafting the new constitution of India.

An Advisory Committee was planned on Fundamental Rights and Minorities in such manner that it should contain due representation of all the interests likely to be affected, and should advise the Constituent Assembly on framing an appropriate scheme for the administration of tribal and excluded areas.

The Advisory Committee in its meeting on 27.2.1947 set up three sub-committees – one to consider the tribal areas and excluded and partially excluded areas in Assam, another to consider the tribal areas in the North-West Frontier Province and Baluchistan, and a third Sub-Committee to consider the position of excluded and partially excluded areas in the Provinces other than Assam. The Sub-Committee on tribal and excluded and partially excluded areas submitted their report on 28.7.1947, while the other Sub-Committee on the excluded and partially excluded areas in the provinces other than Assam submitted its interim report on 18.8.1947 and final report in September, 1947.

Sixth Schedule in Manipur Read More

By James Khangenbam, 29/06/2023 Imphal:

Steve Fabes is a doctor by profession. He started out in 2010 with his cycle to travel six continents. He is in his sixth Continent Asia now. He thought it might take five or six years of his life in completing his mission and he is realizing it day by day. By the time of filing this story he has already accomplish his mission. Belinda is the name he gave to his cycle.
My cycle is a tour cycle built strong to last for long time. It is a Dutch company.  I carry along a tent, sleeping bag, cooking materials, clothes, medicines, books and tools to repair my bicycle narrated Steve.

Way to Manipur

“It was a nice ride from Myanmar to Manipur. The roads were lovely.
To encourage kids to use bicycle which I enjoyed doing was good. I spent a magnificent time in Imphal meeting with lovely kids at Maria Montessori School Koirengei where I spoke to students from 6th standard to 12th Standard in two shifts and told them my story with photo and video I make during my tour. Also answer to small queries children asked me from their inquisitive mind. Pedal attack team had helped me a lot during my four days stay in Imphal they have shown me couple of places and they are very enthusiastic cyclists. My happiest moment in Imphal is spent along with them and they are marvelous”, expressed Steve Fabes.

Why cycle around the world

“I had a job I really enjoyed, I had a salary. I have my family and friends around, I have a very comfortable life, why would I leave all that to go and live on 10 dollars a day counting by the road. To find more difficult life, it was not an easy decision but in the end I decided to go for it because I really wanted an adventure, new challenge.

I kind of feel fit and healthy by travelling around the world and to learn about the world as well. These are the few things that inspired me to leave. I do not want to get any regrets as well. I have this idea of travelling around the world and I just have to get through came in my mind”, continued SteveFabes.

“ What is good about travelling by bicycle is you get lots closure to the nature, you feel part of the landscape. The other thing I love about bicycle travel is it moves slowly so you got to meet people. If you want to learn about other country it is the best way to travel as people see me. People ask me question, sometimes they offer me hospitality, and sometimes they offer me food. It is very good way to travel, for me it is best to travel. I love challenge and sense of adventure. I do not see a car for three or four days. I have crossed mountain which is 5200 meter above sea level. I came across many spectacular places to ride.

I use to write my dairy on a daily basis. After my journey when I reach home I will write a book on my travel, people and places I came across. I will resume my work but would prefer a part time as I would spend most of the time in writing the book” says a confidently spoken Steve.

Life is full of joy

“To me an adventure is something that pushes you to overcome difficulty, it is a new thing you try.

The toughest thing is kind of mental challenge not meeting familiar people for long time while I cycle for years.

In school I was not an athlete. In cycling around the world you do not have to have extra skill you need to persevere.

In the middle of my journey I ran out of money after three years when I was in Mexico. I use to write for magazine during my tour to earn.

Now there is crowd funding for my tour”, informed Steve.

What makes a day?

“Morning is the time when you have lots of time to think but I do not need any distracting so I rise early and start riding. Most difficult time in a day is post lunch when you feel tired. I listen some music during this time. In the evening I try to find a place to camp somewhere to sleep”, expressed Steve.

Why I have been doing that

Steve happens to cycle across the salt plate in Bolivia in full moon along with his friend Nicky. It is the world largest salt plates stretching 100 miles which could be seen from space. His love for adventure was reciprocated and growing in the ride.

“On 15 Jan, 2010 I cycle off and suddenly it appeared impossible. I stop by a park for four hours. Thoughts came in my mind as what was I doing, wondering what I was going to tell people, I have told everyone I am cycling for five years.  I realize I had no choice.

I just got back on my back and started cycling. I decided I would just take one day at a time I would not try to think about five or six years that was terrifying. I just break it down into small times and think about where I am now and the next place and by doing that I figure I get around the world.

I started from London cycle across Europe in cold winter and east side of Africa cross to south of America, Northern Alaska and could not cycle further north. Australia, Indonesia, Singapore, Thailand, Malaysia, Myanmar and so on. By the time I reach Manipur, I have crossed 52 different countries and covered a distance which is one and half times around the world. I have recorded 65,000 kilometer ride on my cycle. Next year I am cycling back home for a cup of tea”, smiled through Steve.
 

Around the World in a cycle, Steve Fabes an England citizen passes through Manipur Read More

By James Khangenbam, 29/06/2023 Imphal :

“The dance form calms down our daily thinking, our daily consciousness. When we calm down our daily consciousness our body and mind became one. Mind, body and spirit transformation takes place. It could be in silence you can do with preferred music too”, says Agu Tara the facilitator of Butoh Dance when she was conducting workshop in Manipur
“I listen to the resonance of the tree and I sink into the resonance and I become the tree and I forget that I am a human. If you listen to the resonance you will dance all time and your source of movement is by listening to the resonance.

The Butoh workshop in Manipur at SACH was all about learning technique to enter into the door. Learning to feel subtle energy. Hugging a tree to feel the intensity of the heat, texture and smell. Same goes with rock. We were given experiential knowledge not textual. If I want to feel the resonance of the tree we stay with the tree, stand and feel the wind blow. Smell, touches the water, even human to human. Human have sound, smell, heat, intensity. There are innumerable materials you just have to open yourself to listen into that resonance it is a practice to open up”, says Thiyam Chaoba a participant who is a film maker and a meditation practitioner.

Agu Tara – the 35 year old facilitator of Butoh dance was trained in the art form at Subbody Butoh Foundation, Dharamsala, H.P. She has been practicing for the last three years and hosted the 1st International Butoh festival in New Delhi. She came down to Manipur through Surjit Nongmeikakpam, a reknowned contemporary dancer and introduced the Japanese originated dance form in Manipur.

Butoh is said to have originated after the Second World War in Japan. Tatsumi Hijikata and Kazuo Ohno are the known legends. It appeared as a reaction against the contemporary dance scene in Japan, which Hijikata felt was based on imitating the West & restricted to self –expression only. Also, witnessing & resonating strongly with the before- after war conditions in Japan & losing his sister, (who served as a prostitute in the war) is believed to give birth to Butoh.  Kazuo Ohno also fought in the war and lost many of his soldier friends. Both of them are legends; they introduced Butoh to the world.

At first, Butoh came about as revolution of the body. Hijikata researched constantly in the darkness of his body; hidden tendencies, hidden memories of childhood and resonated with weakened bodily conditions like that of leprosy existing around him.  He meditated for long and discovered that his dead sister was living inside him. This gave birth to weakened body butoh. Butoh differs from other movement art forms because it focuses on the weakness of the body rather than the strength.  

He danced her repeatedly. He also wrote two choreographic butoh scores ‘Quiet House’ and ‘Sick Dancing Princess.’  In ‘ Quiet House’ he danced his dead sister, however, he still felt bound by his independent trauma, by Self; and to go beyond this bind he wrote ‘Sick Dancing Princess’ but was not able to share his dance. He died young at the age of 57.

Over the years, Butoh has been interpreted and practiced differently all across the world.  Butoh is not self-expression. It is Dance of Life. It is ‘Art of Shisha’ ; where ‘Shisha’ are the spirits of the dead in Japanese.

‘Shisha transform their shapes quietly yet infinitely. It is not rare that they borrow the shapes of things on the earth with unexpected nonchalance.’

Therefore, a butoh dancer takes the form of spirit and opens infinite transformation, can become anything and everything very easily and nonchalantly.

Butoh dance which evolved in Japan after Second World War introduced in Manipur. Read More