More than 200 harmed during IDPs' back home walk to security barricades

More than 200 harmed during IDPs’ back home walk to security barricades

Imphal, September 7, 2023: As thousands walked toward Peak bung in the Bishnupur area today, more least 200 individuals were hurt in security powers’ mediation and the following scuffle.

More than 200 harmed during IDPs’ back home walk to security barricades

People from Torbung and adjoining Meitei settlements were returning home to get comfortable their local areas with the backing of a huge number of individuals when they experienced security detours at Kwakta and Phougakchao Ikhai.
Security faculty shot an enormous number of live adjusts, elastic projectiles, nerve gas shells, and mimicked bombs with an end goal to scatter and contain the ocean of dissenters in Torbung who requested that the blockades be brought down and that they be permitted to securely get back.

Because of the security powers’ activities, various individuals endured injury. Charges additionally harmed others. Because of the explosions of poisonous gas adjusts and smoke bombs, in excess of 180 people supported splinter wounds.

In the rush, certain individuals were hurt, while others dropped.

The harmed were taken earnestly to different medical clinics for therapy and emergency treatment. Kwakta PHC treated around 60 patients, Moirang PHC treated 70, Cha-ritable Clinic Moirang treated 15, Bishnupur Region Clinic treated 49, and Raj Medi-city, Edges, and JNIMS in Imphal treated a couple of patients. A poisonous gas shell blast likewise caused splinter harm to one ANI writer’s wrist.

As indicated by sources, the general number of wounds today could increment.

Altogether, a huge number of people regarded the Planning Board on Manipur’s Honesty (COCOMI) appeal to allow dislodged individuals to get back to their homes of Torbung and encompassing locales to return home. Loads of individuals from everywhere the State swarmed Tidim Street, resisted the check in time, and made an endeavor to walk toward Torbung, Strikingly, starting from the start of the ongoing clash between the Kukis and Meiteis on May 3, a huge number of uprooted individuals from Torbung and close by areas of Phougakchao Ikhai and Kwakta have been not able to get back in light of the fact that their towns have been transformed into a “cushion zone” and are being kept up with by the security powers.

Despite the fact that the towns have been changed into “cushion zones,” SoO Kuki agitators have been involving a few pieces of these towns starting from the start of the contention. Equipped Kukis and their SoO assailants at the ATSUM “Fortitude” rally on May 3. In Pinnacle bung and encompassing districts, where the viciousness initially began, individuals from the “Fortitude Walk” had obliterated, burned to the ground, and vandalized homes and organizations claimed by individuals from the Meitei people group.

Today, Tidim Street saw a huge expansion in rush hour gridlock as large number of individuals walked or arranged from Moirang to the Kwakta Bazar region, where security faculty had raised blockades to impede admittance to Phou-gakchao Ikhai. Many thousands accumulated at a recreational area in Kwakta Bazar at around 10.30 am and afterward started walking toward Torbung.

More than 200 harmed during IDPs’ back home walk to security barricades

At Kwakta Bazar, an unsettling influence between people in general and the security work force prompted the last option turning to the utilization of nerve gas shells to scatter and discourage the majority. They got through the obstructions as the majority increased. security powers, including the Fast Activity Power (RAF), set up blockades to stop them as they walked to an extension near Phougak-chao Ikhai.

The group recited and asked that the blockades from Phougakchao to Torbung district be brought down and that the uprooted individuals be permitted to return to their homes. They had a problem with the foundation of “supposed support zones” in their networks. COCOMI agents talked with SP Meghachandra of the Bishnupur region and the officials of other security powers as the commotion escalated.

COCOMI’s agents urged the security staff to bring down and reposition their blockades during the conversation. People sat on the ground as the security faculty educated them to look for consent from higher-ups, people, individuals, sat on the ground and remained there from 1 pm to 3 pm. A brief time frame later, the gatherings became irritable and endeavored to take out the bars. Security powers incorporating the RAF released more than 200 live changes, versatile slugs and a remarkable number of nerve gas shells, which hurt in excess of 200 people.

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Unlocking Business Intelligence: Maximizing Profitability and Strategic Insights

By Banti Phurailatpam, Imphal 27/07/2023:

In the dynamic world of modern business, staying competitive requires more than just intuition and instinct. Business intelligence (BI) has emerged as a critical tool for informed decision-making, helping organizations leverage data-driven insights to enhance profitability, optimize operations, and gain a competitive edge. In this article, we delve into the transformative potential of business intelligence in driving financial success and strategic growth.

The Essence of Business Intelligence

Business intelligence encompasses a range of technologies, processes, and strategies that enable organizations to collect, analyze, and transform raw data into meaningful insights. It involves the integration of data from various sources, such as internal databases, market trends, customer behaviors, and industry benchmarks. These insights guide decision-makers in understanding patterns, identifying opportunities, and making informed choices that align with organizational goals.

Financial Gain through Informed Decision-Making

The cornerstone of BI is its capacity to empower decision-makers with actionable insights derived from data analysis. Every business transaction generates data, and when harnessed effectively, this data becomes a strategic asset. BI tools provide real-time dashboards, reports, and visualizations that offer a comprehensive view of financial performance, allowing organizations to identify trends, anomalies, and areas of improvement.

For instance, BI can help retailers optimize inventory levels by analyzing historical sales data and predicting demand patterns. This prevents overstocking, reduces carrying costs, and minimizes the risk of stockouts, ultimately enhancing the bottom line.

Customer-Centric Strategies

In the age of personalized experiences, understanding customer preferences is essential. BI enables businesses to gain a deep understanding of customer behaviors, preferences, and pain points. By analyzing customer data, companies can tailor their marketing efforts, improve customer service, and launch products that resonate with their target audience.

Furthermore, BI supports customer segmentation, allowing businesses to identify high-value customers and design targeted strategies to retain their loyalty. This personalized approach not only enhances customer satisfaction but also drives revenue growth.

Operational Efficiency and Cost Reduction

BI’s impact on financial gain extends to operational efficiency and cost reduction. By analyzing operational data, organizations can identify bottlenecks, inefficiencies, and areas of waste in their processes. Streamlining these processes not only improves productivity but also reduces operational costs.

For example, BI can optimize supply chain management by identifying the most cost-effective suppliers, monitoring inventory levels, and minimizing lead times. These improvements result in reduced procurement costs and enhanced order fulfillment.

Market Insights and Competitive Advantage

BI equips businesses with a clear understanding of market trends, competitive landscapes, and emerging opportunities. Through data analysis, organizations can identify shifts in consumer preferences, assess competitors’ strategies, and anticipate market trends.

This proactive approach enables businesses to pivot swiftly and capitalize on emerging trends, giving them a competitive advantage. BI can uncover untapped markets, identify gaps in the competition, and inform strategic planning to exploit these opportunities.

Risk Management and Compliance

Effective risk management is integral to financial success. BI tools can provide insights into potential risks by analyzing historical data, market fluctuations, and regulatory changes. By identifying risks early, organizations can take preventive measures, devise contingency plans, and reduce the financial impact of unforeseen events.

Moreover, BI assists in ensuring compliance with industry regulations and standards. Non-compliance can lead to costly fines and reputational damage, making BI an indispensable tool in mitigating financial risks.

Investment and Resource Allocation

Business intelligence aids in optimizing resource allocation by evaluating the return on investment (ROI) of various projects and initiatives. By analyzing historical data, organizations can assess the success of past projects, identify areas of underperformance, and allocate resources to initiatives with higher growth potential.

Additionally, BI supports capital budgeting decisions by providing insights into the profitability and feasibility of proposed investments. This data-driven approach reduces the likelihood of investing in projects that yield suboptimal returns.

The Role of Technology in Business Intelligence

Advances in technology have revolutionized the field of business intelligence. Cloud computing, machine learning, and artificial intelligence have significantly enhanced the capabilities of BI tools. Cloud-based BI platforms offer scalability and accessibility, enabling organizations of all sizes to harness the power of data analytics without heavy infrastructure investments.

Machine learning and AI algorithms enable predictive and prescriptive analytics, allowing organizations to forecast future trends, simulate scenarios, and make proactive decisions. These technologies enhance the accuracy and speed of data analysis, enabling real-time decision-making in fast-paced business environments.

Challenges and Considerations

While business intelligence offers substantial financial benefits, it’s important to address challenges such as data quality, integration, and security. Ensuring that data sources are accurate, consistent, and up-to-date is essential for reliable insights. Integrating data from disparate sources can be complex, requiring robust data integration strategies.

Moreover, safeguarding data privacy and security is critical. BI systems often deal with sensitive business and customer data, making data governance and cybersecurity paramount considerations.

Conclusion: Capitalizing on Insights for Financial Success

In the era of data-driven decision-making, business intelligence has emerged as a cornerstone of financial success and strategic growth. By leveraging data-driven insights, organizations can optimize operations, enhance customer experiences, and gain a competitive edge. The integration of technology, the power of analytics

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The Power of Employee Engagement in Boosting Business Performance

In the dynamic landscape of modern business, success is often determined by more than just financial figures. The human element, particularly the level of employee engagement, plays a crucial role in driving overall business performance and growth. In this article, we will delve into the significance of employee engagement, explore its benefits, and provide actionable strategies for fostering a culture of engagement within your organization.

By Banti Phurailatpam 15th Aug 2023 Imphal:

Understanding Employee Engagement:

Employee engagement goes beyond job satisfaction. It refers to the emotional commitment and connection employees feel towards their work, their team, and the organization as a whole. Engaged employees are motivated, enthusiastic, and fully invested in their roles, leading to increased productivity and positive outcomes.

Benefits of Employee Engagement:

Enhanced Productivity: Engaged employees are more focused, proactive, and committed to achieving their goals. They go the extra mile to deliver quality work, leading to higher levels of productivity.

Reduced Turnover: A strong culture of engagement contributes to higher employee retention rates. When employees feel valued and connected, they are less likely to seek opportunities elsewhere.

Inventiveness and Ingenuity: Employees with high engagement levels often exhibit a knack for devising inventive solutions and displaying resourcefulness. Their sense of ownership and commitment fosters a culture of continuous improvement.

Customer Satisfaction: Engaged employees provide better customer service. Their positive attitude and dedication reflect in their interactions with clients, leading to improved customer satisfaction.

Positive Work Environment: Employee engagement promotes a positive and inclusive work environment, which in turn boosts morale and overall job satisfaction.

Strategies for Fostering Employee Engagement:

Effective Communication: Transparent and open communication channels ensure that employees are well-informed about company updates, goals, and their individual contributions to the organization’s success.

Recognition and Appreciation: Regularly acknowledge and appreciate employees for their hard work and achievements. Recognize their efforts through both formal programs and informal expressions of gratitude.

Professional Development: Provide opportunities for skill development and career growth. Engaged employees are often those who see a clear path for advancement within the organization.

Promote Self-Determination: Instill empowerment by including employees in decisions and encouraging them to take control of their work. Feeling trusted and valued enhances their engagement.

Work-Life Balance: Prioritize a healthy work-life balance by offering flexible work arrangements and wellness programs. A balanced lifestyle contributes to improved job satisfaction and engagement.

Team Building: Foster a sense of camaraderie and teamwork through team-building activities, workshops, and collaborative projects. Strong relationships among team members contribute to a positive work environment.

Feedback Mechanisms: Establish a feedback loop where employees can share their thoughts, concerns, and suggestions. Regular feedback sessions help address issues and demonstrate that their opinions matter.

Conclusion:

Investing in employee engagement is not just a feel-good gesture; it’s a strategic decision that directly impacts business success. Engaged employees are more likely to stay loyal, work harder, and contribute creatively to the organization’s growth. By implementing thoughtful strategies that prioritize employee well-being, development, and recognition, businesses can harness the power of engagement to drive performance and achieve sustainable success in the competitive market.

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SCHDULE-VI ROLE OF GOVERNOR AND COUNCIL OF MINISTERS

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

1Paragraph IAutonomous Districts and Autonomous Regions
2Paragraph IIConstitution of District Councils and Regional Councils
3Paragraph IIIPowers of the District Councils and Regional Councils
4Paragraph IVAdministration of Justice in Autonomous Districts and Autonomous Regions
5Paragraph VConferment 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
6Paragraph VIPowers of the District Councils to establish primary schools etc.
7Paragraph VIIDistrict and Regional Funds
8Paragraph VIIIPowers to assess and collect revenue and to impose taxes
9Paragraph IXLicenses or leases for the purpose of prospecting for or extracting of minerals
10Paragraph XPowers of District Council to make regulating for the control of money-lending and trading by non-tribals
11Paragraph XIPublication of laws, rules and regulations made under the schedule
12Paragraph XIIApplication 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-AParagraph 12-AApplication 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-AParagraph 12A-AApplication 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-BParagraph 12-BApplication of Acts of Parliament and of the Legislature of the State of Mizoram to Autonomous Districts and Autonomous Region in the State of  Mizoram
13Paragraph 13Estimated receipts and expenditure pertaining to Autonomous Districts to be shown separately in the annual financial statement
14Paragraph 14Appointment of commission to inquiry into and report on the Administration of Autonomous Districts and Autonomous Regions
15Paragraph 15Amendment of Suspension of Acts and resolution of District and Regional Councils
16Paragraph 16Dissolution of a District or a Regional Council
17Paragraph 17Exclusion of areas from Autonomous Districts in forming constituencies in such Districts
19Paragraph 19Transitional provision
20Paragraph 20Tribal areas
20-AParagraph 20-ADissolution of the Mizo District Council
20-BParagraph 20-BAutonomous Regions in the Union Territory of Mizoram to be Autonomous Districts and transitory provisions consequent thereto
20-CParagraph 20-CInterpretation
21Paragraph 21Amendment 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

‘Iron Women of Manipur’ and ‘Andro Dreams’ to compete in 15th IDSFFK 2023

Pic By: James Khangenbam

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.

Courtesy : The Sangai Express

‘Iron Women of Manipur’ and ‘Andro Dreams’ to compete in 15th IDSFFK 2023 Read More

Manipuri feature film at the international film festival of China

Pic By : James Khangenbam

By James Khangenbam 05 July 2023 Imphal:

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”.

( With inputs from MSFDS )

Manipuri feature film at the international film festival of China Read More

Sixth Schedule in Manipur (Part -3)

By A Romen Kumar Singh, 09/07/2023

Basis for granting status of sixth schedule

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:

  1. Ukhrul Autonomous District Council, Ukhrul
  2. Tamenglong Autonomous District Council, Tamenglong
  3. Churachandpur Autonomous District Council, Churachandpur
  4. Chandel Autonomous District Council, Chandel
  5. Senapati Autonomous District Council, Senapati
  6. 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.

Sixth Schedule in Manipur (Part -3) Read More

Sixth Schedule in Manipur ( Part 2)

  • 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
  6. Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
  7. 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

Sixth Schedule in Manipur

  • 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

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

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