In the 21st 100 years, the manner in which individuals shop has gone through a significant change. Conventional physical stores are currently sharing the retail stage with the quickly developing universe of internet business and online retail. This change in customer conduct, powered by progressions in innovation, has reshaped the retail scene. In this article, we will investigate the advancement of online business and online retail, their effect on organizations and customers, and the fate of this steadily growing industry.
The idea of electronic trade, or web based business, can be followed back to the 1960s when organizations began utilizing Electronic Information Exchange (EDI) to trade business archives electronically. Notwithstanding, it was during the 1990s that web based business started to get some forward movement with the approach of the Internet. The send off of online commercial centers like Amazon and eBay denoted the start of another time in retail.
One of the essential drivers of web based business’ prosperity has been the comfort it offers. Customers can peruse a huge range of items, look at costs, and make buys from the solace of their homes or in a hurry by means of cell phones. This comfort, combined with the capacity to get to items from around the world, has drawn in buyers to web based shopping in large numbers.
Online retail encompasses a diverse ecosystem of businesses, from e-commerce giants to small boutique stores. Here are some key players in the online retail space:
Online Commercial centers: Stages like Amazon, eBay, and Alibaba interface purchasers and dealers, giving many items and administrations. These commercial centers offer comfort and trust, settling on them well known decisions for customers.
Physical Retailers Going On the web: Conventional retailers have perceived the significance of an internet based presence. Many laid out physical brands have sent off their internet business sites to arrive at a more extensive client base.
Specialty and Specialty Stores: More modest web-based retailers frequently center around unambiguous specialties or item classifications, taking care of extraordinary client interests. These stores can give specific mastery and organized item determinations.
Direct-to-Purchaser (DTC) Brands: DTC brands have arisen as a strong power in web-based retail. They sell their items straightforwardly to customers, removing middle people and frequently accentuating quality and brand character.
Membership Administrations: Membership box administrations, for example, Birchbox and Blue Cover, offer organized items conveyed consistently to endorsers’ doorsteps. These administrations make a customized and repeating shopping experience.
The rapid adoption of online retail by consumers can be attributed to several key benefits:
Accommodation: The capacity to shop day in and day out from anyplace with a web association is maybe the main benefit of online retail. Customers can stay away from long queues, traffic, and store hours.
Item Assortment: Online retail gives admittance to a huge scope of items, including those not accessible locally. Purchasers can investigate specialty things, worldwide brands, and one of a kind items.
Value Correlation: Customers can without much of a stretch look at costs across changed web-based retailers, permitting them to track down the best arrangements and limits. Cost straightforwardness benefits customers.
Personalization: Numerous internet business stages use information driven calculations to give customized item suggestions, making a more custom-made shopping experience.
Audits and Evaluations: Online customers can peruse item surveys and appraisals from different clients, assisting them with pursuing informed buy choices.
Businesses Embracing E-commerce
Businesses have been quick to recognize the potential of e-commerce as a powerful sales channel. Here’s why e-commerce has become a pivotal part of their strategies:
Worldwide Reach: Web based business permits organizations to arrive at clients past their neighborhood geographic limits. This worldwide reach can prompt significant deals development.
Cost Productivity: Running an internet based store frequently requires less above costs than keeping up with actual areas. Organizations can save money on lease, utilities, and in-store staff.
Information Driven Bits of knowledge: Web based business stages gather important information on client conduct and inclinations. This information can illuminate showcasing methodologies, item advancement, and stock administration.
Adaptability: Internet business organizations can without much of a stretch scale their tasks to oblige development. They can grow their item contributions, arrive at new business sectors, and adjust to evolving request.
Broadening: Online retail permits organizations to expand their income streams. They can sell items, computerized merchandise, memberships, and, surprisingly, offer administrations on the web.
Challenges and Competitive Landscape
While e-commerce offers numerous advantages, it also presents challenges for businesses:
Contest: The simplicity of section into the online business space has prompted extreme rivalry. Organizations should separate themselves through marking, client care, and exceptional contributions.
Operations and Satisfaction: Effective transportation and convenient conveyance are pivotal for consumer loyalty. Laying out a powerful strategies organization can be intricate and exorbitant.
Network safety: Online business stages handle touchy client information, making them alluring focuses for cyberattacks. Guaranteeing information security is a main concern.
Client Trust: Building and it is fundamental to keep up with entrust with online clients. This includes straightforward arrangements, secure installment doors, and responsive client assistance.
Market Immersion: In certain business sectors, certain item classes might be oversaturated, making it trying for new participants to acquire a traction.
Challenges and Competitive Landscape
While e-commerce offers numerous advantages, it also presents challenges for businesses:
Rivalry: The simplicity of section into the internet business space has prompted extraordinary contest. Organizations should separate themselves through marking, client care, and novel contributions.
Operations and Satisfaction: Productive transportation and ideal conveyance are vital for consumer loyalty. Laying out a hearty coordinated factors organization can be complicated and expensive.
Network protection: Online business stages handle delicate client information, making them appealing focuses for cyberattacks. Guaranteeing information security is a main concern.
Client Trust: Building and it is fundamental to keep up with entrust with online clients. This includes straightforward approaches, secure installment doors, and responsive client service.
Market Immersion: In certain business sectors, certain item classifications might be oversaturated, making it trying for new participants to acquire a traction.
The Future of Online Retail
The future of online retail holds exciting possibilities:
Omnichannel Combination: Numerous retailers are investigating the idea of omnichannel retail, where on the web and disconnected encounters are flawlessly coordinated. This incorporates administrations like snap and-gather, virtual attempt ons, and spring up stores.
Increased Reality (AR) and Augmented Reality (VR): AR and VR advancements are being saddled to make vivid internet shopping encounters. Clients can take a stab at garments essentially or picture furniture in their homes.
Voice Trade: Voice-initiated shopping through gadgets like savvy speakers is on the ascent
Establishes groundwork stone of 50 slept with ‘basic consideration blocks’ in 9 areas of Chattisgarh
Disseminates 1 lakh Sickle Cell Directing Cards
“Today, every state and each region of the nation is getting equivalent need being developed”
“Whole world isn’t just seeing yet additionally stacking acclaim on the high speed of present day improvement and the Indian model of social government assistance”
“Chhattisgarh is a force to be reckoned with of improvement of the country”
“Government’s determination to safeguard the timberlands and land while likewise opening new roads of success through backwoods riches”
“We really want to push ahead with the purpose of ‘Sabka Saath, Sabka Vikas'”
Pic Source PIB : PM at laying the foundation stone of Railway projects at Raigarh, in Chhattisgarh on September 14, 2023.
Establishes groundwork stone of 50 slept with ‘basic consideration blocks’ in 9 areas of Chattisgarh
The Top state leader, Shri Narendra Modi devoted to the country a few rail area projects worth around Rs 6,350 crore in Raigarh, Chhattisgarh today. He additionally established the groundwork stone of 50 had relations with ‘basic consideration blocks’ in 9 locale of Chattisgarh and disseminated 1 lakh sickle cell advising cards to the screened populace. The rail route projects incorporate Chhattisgarh East Rail Undertaking Stage I, third rail line between Champa to Jamga, third rail line between Pendra Street to Anuppur and MGR (Carousel) framework associating Talaipalli Coal Mineshaft to NTPC Lara Very Nuclear energy Plant (STPS).
Tending to the social occasion, the Head of the state commented that Chhattisgarh is making a critical stride towards improvement as Rail route projects worth more than Rs 6,400 crores are being uncovered in the state. He underlined that different new undertakings are being started today to extend the energy-delivering limit and further develop the medical care area of the state. He additionally referenced the conveyance of Sickle Cell Directing Cards on the event.
The Top state leader accentuated that the whole world isn’t just seeing yet in addition storing acclaim on the high speed of present day advancement and the Indian model of social government assistance. The Head of the state facilitated the world chiefs during the G20 Culmination in New Delhi and referenced that they were exceptionally dazzled by India’s model of advancement and social government assistance. He said that worldwide associations are looking at gaining from India’s victories. The State head credited the equivalent need of the public authority towards the improvement of each and every state and each region of the country for this accomplishment. “This district of Chhattisgarh and Raigarh is likewise an observer to this”, the State leader said as he complimented the residents for the present tasks.
“Chhattisgarh is a force to be reckoned with of improvement of the country”, the Top state leader commented as he noticed that a nation will push ahead provided that its forces to be reckoned with are working good to go. Over the most recent 9 years, the State leader said that the Focal Government has persistently worked for the complex improvement of Chhattisgarh and the aftereffects of that vision and those approaches can be seen here today. He said that enormous plans are being executed in Chhattisgarh in each field by the Focal Government and the establishment stones of new ventures are being laid. The Head of the state visited Raipur in July to establish the groundwork stone of Visakhapatnam to Raipur Financial Hallway and Raipur to Dhanbad Monetary Passageway advancement projects. He additionally referenced the different significant public expressways introduced to the state. “Today, another part is being written in the advancement of Chhattisgarh’s rail line organization”, the Top state leader commented as he referenced that the superior rail organization will diminish the clog in Jharsuguda Bilaspur segment of the Bilaspur-Mumbai rail line. Additionally, the other rail route lines that are being begun and the rail passageways that are being assembled will give new levels to the modern advancement of Chhattisgarh, he said. He expressed that upon culmination, these courses won’t just give accommodation to individuals of Chhattisgarh however will likewise make new business and pay valuable open doors in the district.
The State head featured that the expense and season of moving coal from coalfields to drive plants will be diminished. To produce greatest power for minimal price, the Top state leader informed that the public authority is likewise fabricating Pit Head Nuclear energy Station. He additionally addressed the initiation of the 65 km Carousel undertaking to associate the Talaipalli Mine and said that the quantity of such activities will just expansion in the nation and states like Chhattisgarh will help the most in the times to come.
Talking about the determination to change India into a created country in the following 25 years of Amrit Kaal, the Top state leader stressed the requirement for equivalent cooperation from each resident towards improvement. He featured gathering the energy needs of the country while safeguarding the climate simultaneously and referenced the shut coal mineshaft in Surajpur locale which has been created as a component of Eco-The travel industry. He referenced that work is in progress to create a comparable eco-park in Korwa too. Talking about the advantages for the ancestral segment of this area, the Top state leader featured the water system and drinking water offices being furnished to large number of individuals with the water let out of the mines.
The State head underlined that it is the Public authority’s purpose to safeguard the backwoods and land while additionally opening new roads of thriving through timberland abundance. Alluding to the Vandhan Vikas Yojana, Shri Modi stressed that lakhs of ancestral youth are profiting from the plan. He additionally addressed the world observing Millet Year and featured the developing capability of Shree Anna or millets market before long. He expressed that from one viewpoint, the ancestral practice of the nation is getting another personality while then again, new ways of progress are additionally taking care of business.
Talking about the effect of sickle cell iron deficiency on the ancestral populace, the Head of the state underlined that the dissemination of sickle cell directing cards is a gigantic step for the ancestral society as spreading data can help in controlling the illness. Closing the location, the State head focused on the need to push ahead with the determination of ‘Sabka Saath, Sabka Vikas’ and communicated certainty that Chhattisgarh will arrive at new levels of advancement.
Association Clergyman of State for Ancestral Undertakings, Smt Renuka Singh Saruta and Vice president Pastor of Chhattisgarh, Shri T S Singhdeo were available on the event among others.
Foundation
The State head’s accentuation on further developing network the nation over will get a lift with the commitment to the country of significant rail area projects worth around Rs 6,350 crores in the public program in Raigarh. The activities incorporate Chhattisgarh East Rail Venture Stage I, third rail line between Champa to Jamga, third rail line between Pendra Street to Anuppur and MGR (Carousel) framework associating Talaipalli Coal Mineshaft to NTPC Lara Very Nuclear energy Plant (STPS). The rail tasks will give impulse to financial advancement by working with the development of travelers as well as cargo traffic in the locale.
Chhattisgarh East Rail Task Stage I is being created under the aggressive PM GatiShakti – Public Ground breaking strategy for multi-modular network and comprises of a 124.8 km rail line from Kharsia to Dharamjaygarh including a prod line to Gare-Pelma and 3 feeder lines associating Chhal, Baroud, Durgapur and other coal mineshafts. The rail line, worked at an expense of around Rs. 3,055 crore is outfitted with zapped expansive check level intersections and free part twofold line with traveler conveniences. It will give rail network to coal transportation from Mand-Raigarh coalfields situated in Raigarh, Chhattisgarh.
The third rail line between Pendra Street to Anuppur is 50 km long and is worked at an expense of about Rs 516 crore. The 98-kilometer-long third line among Champa and Jamga rail segment is worked at an expense of around 796 crores. The new rail lines will further develop availability in the locale and lead to an expansion in both the travel industry and work valuable open doors.
The 65-km-long electric MGR (Carousel) Framework will convey minimal expense, high-grade coal from NTPC’s Talaipalli coal mineshaft to 1600 MW NTPC Lara Very Nuclear energy Plant in Chhattisgarh. This will support the age of minimal expense and dependable power from NTPC Lara, hence fortifying the energy security of the country. The MGR framework, worked at an expense of more than Rs 2070 crore, is an innovative wonder for further developing coal transportation from coal mineshafts to drive stations.
During the program, the State head likewise established the groundwork stone of 50 had relations with ‘basic consideration blocks’ in 9 locale of Chattisgarh. The nine Basic Consideration Blocks will be worked under Pradhan Mantri – Ayushman Bharat Wellbeing Framework Mission (PM-ABHIM) at Durg, Kondagaon, Rajnandgaon, Gariaband, Jashpur, Surajpur, Surguja, Bastar and Raigarh Locale, at an all out cost of more than Rs 210 crores.
With an intend to address the medical problems brought about by sickle cell infection, particularly among the ancestral populace, the Head of the state dispersed one lakh sickle cell advising cards to the screened populace. The appropriation of sickle cell directing cards is being finished under the Public Sickle Cell Sickliness Disposal Mission (NSAEM), which was sent off by the Top state leader in July 2023 at Shahdol, Madhya Pradesh.
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.
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.
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.
In the dynamic world of modern business, staying competitive requires more than just intuition and instinct. Business intelligence (BI) has emerged as a critical tool for informed decision-making, helping organizations leverage data-driven insights to enhance profitability, optimize operations, and gain a competitive edge. In this article, we delve into the transformative potential of business intelligence in driving financial success and strategic growth.
Business intelligence encompasses a range of technologies, processes, and strategies that enable organizations to collect, analyze, and transform raw data into meaningful insights. It involves the integration of data from various sources, such as internal databases, market trends, customer behaviors, and industry benchmarks. These insights guide decision-makers in understanding patterns, identifying opportunities, and making informed choices that align with organizational goals.
The cornerstone of BI is its capacity to empower decision-makers with actionable insights derived from data analysis. Every business transaction generates data, and when harnessed effectively, this data becomes a strategic asset. BI tools provide real-time dashboards, reports, and visualizations that offer a comprehensive view of financial performance, allowing organizations to identify trends, anomalies, and areas of improvement.
For instance, BI can help retailers optimize inventory levels by analyzing historical sales data and predicting demand patterns. This prevents overstocking, reduces carrying costs, and minimizes the risk of stockouts, ultimately enhancing the bottom line.
Customer-Centric Strategies
In the age of personalized experiences, understanding customer preferences is essential. BI enables businesses to gain a deep understanding of customer behaviors, preferences, and pain points. By analyzing customer data, companies can tailor their marketing efforts, improve customer service, and launch products that resonate with their target audience.
Furthermore, BI supports customer segmentation, allowing businesses to identify high-value customers and design targeted strategies to retain their loyalty. This personalized approach not only enhances customer satisfaction but also drives revenue growth.
Operational Efficiency and Cost Reduction
BI’s impact on financial gain extends to operational efficiency and cost reduction. By analyzing operational data, organizations can identify bottlenecks, inefficiencies, and areas of waste in their processes. Streamlining these processes not only improves productivity but also reduces operational costs.
For example, BI can optimize supply chain management by identifying the most cost-effective suppliers, monitoring inventory levels, and minimizing lead times. These improvements result in reduced procurement costs and enhanced order fulfillment.
Market Insights and Competitive Advantage
BI equips businesses with a clear understanding of market trends, competitive landscapes, and emerging opportunities. Through data analysis, organizations can identify shifts in consumer preferences, assess competitors’ strategies, and anticipate market trends.
This proactive approach enables businesses to pivot swiftly and capitalize on emerging trends, giving them a competitive advantage. BI can uncover untapped markets, identify gaps in the competition, and inform strategic planning to exploit these opportunities.
Risk Management and Compliance
Effective risk management is integral to financial success. BI tools can provide insights into potential risks by analyzing historical data, market fluctuations, and regulatory changes. By identifying risks early, organizations can take preventive measures, devise contingency plans, and reduce the financial impact of unforeseen events.
Moreover, BI assists in ensuring compliance with industry regulations and standards. Non-compliance can lead to costly fines and reputational damage, making BI an indispensable tool in mitigating financial risks.
Investment and Resource Allocation
Business intelligence aids in optimizing resource allocation by evaluating the return on investment (ROI) of various projects and initiatives. By analyzing historical data, organizations can assess the success of past projects, identify areas of underperformance, and allocate resources to initiatives with higher growth potential.
Additionally, BI supports capital budgeting decisions by providing insights into the profitability and feasibility of proposed investments. This data-driven approach reduces the likelihood of investing in projects that yield suboptimal returns.
The Role of Technology in Business Intelligence
Advances in technology have revolutionized the field of business intelligence. Cloud computing, machine learning, and artificial intelligence have significantly enhanced the capabilities of BI tools. Cloud-based BI platforms offer scalability and accessibility, enabling organizations of all sizes to harness the power of data analytics without heavy infrastructure investments.
Machine learning and AI algorithms enable predictive and prescriptive analytics, allowing organizations to forecast future trends, simulate scenarios, and make proactive decisions. These technologies enhance the accuracy and speed of data analysis, enabling real-time decision-making in fast-paced business environments.
Challenges and Considerations
While business intelligence offers substantial financial benefits, it’s important to address challenges such as data quality, integration, and security. Ensuring that data sources are accurate, consistent, and up-to-date is essential for reliable insights. Integrating data from disparate sources can be complex, requiring robust data integration strategies.
Moreover, safeguarding data privacy and security is critical. BI systems often deal with sensitive business and customer data, making data governance and cybersecurity paramount considerations.
Conclusion: Capitalizing on Insights for Financial Success
In the era of data-driven decision-making, business intelligence has emerged as a cornerstone of financial success and strategic growth. By leveraging data-driven insights, organizations can optimize operations, enhance customer experiences, and gain a competitive edge. The integration of technology, the power of analytics
In the dynamic landscape of modern business, success is often determined by more than just financial figures. The human element, particularly the level of employee engagement, plays a crucial role in driving overall business performance and growth. In this article, we will delve into the significance of employee engagement, explore its benefits, and provide actionable strategies for fostering a culture of engagement within your organization.
Employee engagement goes beyond job satisfaction. It refers to the emotional commitment and connection employees feel towards their work, their team, and the organization as a whole. Engaged employees are motivated, enthusiastic, and fully invested in their roles, leading to increased productivity and positive outcomes.
Benefits of Employee Engagement:
Enhanced Productivity: Engaged employees are more focused, proactive, and committed to achieving their goals. They go the extra mile to deliver quality work, leading to higher levels of productivity.
Reduced Turnover: A strong culture of engagement contributes to higher employee retention rates. When employees feel valued and connected, they are less likely to seek opportunities elsewhere.
Inventiveness and Ingenuity: Employees with high engagement levels often exhibit a knack for devising inventive solutions and displaying resourcefulness. Their sense of ownership and commitment fosters a culture of continuous improvement.
Customer Satisfaction: Engaged employees provide better customer service. Their positive attitude and dedication reflect in their interactions with clients, leading to improved customer satisfaction.
Positive Work Environment: Employee engagement promotes a positive and inclusive work environment, which in turn boosts morale and overall job satisfaction.
Strategies for Fostering Employee Engagement:
Effective Communication: Transparent and open communication channels ensure that employees are well-informed about company updates, goals, and their individual contributions to the organization’s success.
Recognition and Appreciation: Regularly acknowledge and appreciate employees for their hard work and achievements. Recognize their efforts through both formal programs and informal expressions of gratitude.
Professional Development: Provide opportunities for skill development and career growth. Engaged employees are often those who see a clear path for advancement within the organization.
Promote Self-Determination: Instill empowerment by including employees in decisions and encouraging them to take control of their work. Feeling trusted and valued enhances their engagement.
Work-Life Balance: Prioritize a healthy work-life balance by offering flexible work arrangements and wellness programs. A balanced lifestyle contributes to improved job satisfaction and engagement.
Team Building: Foster a sense of camaraderie and teamwork through team-building activities, workshops, and collaborative projects. Strong relationships among team members contribute to a positive work environment.
Feedback Mechanisms: Establish a feedback loop where employees can share their thoughts, concerns, and suggestions. Regular feedback sessions help address issues and demonstrate that their opinions matter.
Conclusion:
Investing in employee engagement is not just a feel-good gesture; it’s a strategic decision that directly impacts business success. Engaged employees are more likely to stay loyal, work harder, and contribute creatively to the organization’s growth. By implementing thoughtful strategies that prioritize employee well-being, development, and recognition, businesses can harness the power of engagement to drive performance and achieve sustainable success in the competitive market.
By A.Romen Kumar Singh, IPS(Retd) Senior Advocate High Court of Manipur
The administration of the tribal areas in the North East Region which were earlier known as “BACKWARD TRACTS” has a history of its own.The constitution of India aims at the formation of egalitarian order, free from exploitation, the fundamental equality of humans and to provide support to the weaker sections of the society. Schedule VI has been inserted in the Constitution to provide protective umbrella to the tribal for their social emancipation.
Constitution of District Councils and Regional Councils
3
Paragraph III
Powers of the District Councils and Regional Councils
4
Paragraph IV
Administration of Justice in Autonomous Districts and Autonomous Regions
5
Paragraph V
Conferment of Powers under the code of Civil Procedure, 1908 and the code of Criminal Procedure, 1898 now 1973 (Act of 1974) on the Regional and District Councils are on certain courts and officers for the trails of certain suits, cases and offences
6
Paragraph VI
Powers of the District Councils to establish primary schools etc.
7
Paragraph VII
District and Regional Funds
8
Paragraph VIII
Powers to assess and collect revenue and to impose taxes
9
Paragraph IX
Licenses or leases for the purpose of prospecting for or extracting of minerals
10
Paragraph X
Powers of District Council to make regulating for the control of money-lending and trading by non-tribals
11
Paragraph XI
Publication of laws, rules and regulations made under the schedule
12
Paragraph XII
Application of Acts of Parliament and of the Legislature of the State of Assam to Autonomous Districts and Autonomous Regions in the State of Assam
12-A
Paragraph 12-A
Application of Acts of Parliament and of the Legislature of the State of Meghalaya to Autonomous Districts and Autonomous Region in the State of Meghalaya
12A-A
Paragraph 12A-A
Application of Acts of Parliament and of the Legislature of the State of Tripura to Autonomous Districts and Autonomous Region in the State of Tripura
12-B
Paragraph 12-B
Application of Acts of Parliament and of the Legislature of the State of Mizoram to Autonomous Districts and Autonomous Region in the State of Mizoram
13
Paragraph 13
Estimated receipts and expenditure pertaining to Autonomous Districts to be shown separately in the annual financial statement
14
Paragraph 14
Appointment of commission to inquiry into and report on the Administration of Autonomous Districts and Autonomous Regions
15
Paragraph 15
Amendment of Suspension of Acts and resolution of District and Regional Councils
16
Paragraph 16
Dissolution of a District or a Regional Council
17
Paragraph 17
Exclusion of areas from Autonomous Districts in forming constituencies in such Districts
19
Paragraph 19
Transitional provision
20
Paragraph 20
Tribal areas
20-A
Paragraph 20-A
Dissolution of the Mizo District Council
20-B
Paragraph 20-B
Autonomous Regions in the Union Territory of Mizoram to be Autonomous Districts and transitory provisions consequent thereto
20-C
Paragraph 20-C
Interpretation
21
Paragraph 21
Amendment of the Schedule
PROTECTIVE UMBRELLA UNDER SIXTH SCHEDULE IS NOT FOR ALL TRIBALS
The constitutional protective umbrella under the Sixth Schedule is not extended to all the tribals. It is extended only to those tribals who are still primitive, educationally, socially, economically backward and away from social mainstream. Any claim made contrary to the above will jeopardise and endanger the long constitutional mandate of the Sixth Schedule hallowed by time and sanctified by the desire of the Founding Fathers of the Constitution.
ROLE OF THE GOVERNOR, PRESIDENTAND STATE LEGISLATURE
Role of the Governor
The Governor occupies a pivotal and key position in the administration of tribal areas under the provisions of the Sixth Schedule to the Constitution. An analysis of the provisions of the Sixth Schedule clearly demonstrate that at every stage, the Governor has to perform a very important role and nothing effective and meaningful action can be taken without involvement of the Governor. It is useful to note the various powers exercised by the Governor under the provisions of the Sixth Schedule and they are as under:
1. The Governor may divide area of District Council into Autonomous Regions [para 1(2)]
2. He may issue notification for inclusion, exclusion, creation, increase, decrease, unite or define areas of District Council or alter the name of any District Council. [paragraph 1(3)]
3. The Governor can nominate four members in each District Council who hold office at his pleasure. [Paragraph 2(1) and 2(6A)]
4. The Governor is empowered to frame of rules for the first constitution of District Council or the Regional Council. [Paragraph 2(6)]
5. The Governor is required to approve the rules made by the District Council and the Regional Council for composition and delimitation of the District and the Regional Council, qualification term of officeetc. of its members and generally for all matters regulating thetransaction of business pertaining to the administration of the district. [Paragraph 2(7)]
6. Laws made by the District Council and the Regional Council have no force of law unless assented by the Governor. [Paragraph 3(3)]
7. The Governor may specify the extent of jurisdiction of the High Court over suit and cases tried by District Council Courts. [Paragraph 4(3)]
8. Rules made by the District Council and the Regional Council regarding constitution, procedure etc. of the Village Council and District Council Court are required to be approved by the Governor. [Paragraph 4(4)]
9. The Governor may confer power under CPC and Cr.P.C. on the District Council Courts for trial of specified nature of cases and may also withdraw or modify the same. [Paragraph 5]
10. The Regulations for the regulation and control of primary schools, dispensaries, markets, road transport, waterways etc can be framed by the District Council only with the previous approval of the Governor. [Paragraph 6(1)]
11. The Governor may entrust, conditionally or unconditionally, all or any of the executive powers available to the State to the District Council or its officers with the consent of the District Council. [Paragraph 6(2)]
12. The Governor may make rules for the management of District and Regional Fund. [Paragraph 7(2)]
13. Regulations framed by the District and Regional Council for levy and collection of taxes require assent of the Governor to have the force of law. [Paragraph 8(4)]
14. Dispute between District Council and Regional Council in the case of royalty for extraction of minerals, such dispute is required to be referred to the Governor and the decision of Governor is final. [Paragraph 9(2)]
15. The Governors of Tripura and Mizoram may prescribe the period within which the royalty acquiring from grant of lease for extraction of minerals is to be shared between the State Government and District Council. [Paragraph 9(3)]
16. Regulations framed by the District Council for the control of money lending and trading by nontribals require assent of the Governor to have the force of law. [Paragraph 10(3)]
17. The Governor of Assam is empowered to direct that any Act of Parliament or of the State Legislature (other than matters specified in paragraph 3 and legislation prohibiting or restricting the consumption of any non-distilled alcoholic liquor) shall not apply to an autonomous district or an autonomous region or shall apply, subject to such exceptions or modifications, as may be notified. [Paragraph 12 (1)(b)]
18. The Governors of Tripura and Mizoram are empowered to direct that any Act of the State Legislature, (other than matters specified in paragraph 3 and legislation prohibiting or restricting the consumption of any non-distilled alcoholic liquor) shall not apply to an autonomous district or an autonomous region or shall apply, subject to such exceptions or modifications, as may be notified. [Paragraph 12AA(b) & Paragraph 12B(b)]
19. The Governor may appoint a Commission to enquire into the administration of Autonomous District/Regions. [Paragraph 14(1)]
20. Report of Commission appointed under paragraph 14 is required to be laid before the State Legislature with the recommendation of the Governor (except in case of State of Assam) with respect thereto. [Paragraph 14(2)]
21. The Governor may place one of the ministers in charge of the welfare of the autonomous District/Region in the State. [Paragraph 14(3)]
22. The Governor may annul and /or suspend of acts and resolution of the District and Regional Council, if such act or resolution is likely to endanger the safety of India or prejudicial to the public order. [Paragraph 15(1)]
23. The Governor may dissolve a District or Regional Council and assume to himself all or any of the functions or powers of the District or the Regional Council on the recommendation of the Commission appointed under paragraph 14. [Paragraph 16(1)]
24. Governor may dissolve a District or Regional Council and assume to himself all or any of the functions or powers of the District or the Regional Council, if he satisfied that the administration of the autonomous district or region cannot be carried out in accordance with the provisions of the Sixth Schedule to the Constitution. [Paragraph 16(2)]
25. The Governor may declare that any area within an autonomous district shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district, but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order for the purposes of elections to the Legislative Assembly of the State. [Paragraph 17)]
26. The Governor under paragraph 18 was authorized to apply the provisions of the Sixth Schedule to Part B areas (as originally framed). Further, the Governor was to administer these areas, in his discretion, as an agent of the President. However Paragraph 18 has been omitted by the North Eastern Areas (Reorganisation) Act, 1971. [Paragraph 18)]
27. The Governor was required to constitute District Council for each autonomous district as soon as possible and until constitution of District Council, the administration of such district vested in the Governor. [Paragraph 19)]
Governor to act on aid and advice of Council of Ministers
Having noticed the important and pivotal role played by the Governor in the working of the Sixth Schedule, it is necessary to understand, whether the Governor discharges the said function in his personal discretion or on the aid and advice of the Council of the Minister as provided the Article 163 of the Constitution. Article 163 of the Constitution reads as under:
“163. Council of Ministers to aid and advise Governor. –
There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.”
There has been extensive debate on this issue in the Constituent Assembly. Under the scheme of the Government of India Act, 1935, the Governor was to act in his discretion [vide section 93(3)] so far as the excluded areas are concerned, and he had a special responsibility to make regulation for peace and good government [vide section 92(2)] as regards the partially excluded areas. However, departure was made in the Draft Constitution and discretionary power of the Governor was retained only with respect to annulment and suspension of acts and resolutions of District Council (draft paragraphs 15) and as regards of Constitution of District Council for each autonomous region (draft paragraph 18). But during the course of the debate in the Assembly, Dr. Ambedkar himself moved for deletion of these provisions from the two paragraphs. The discretion was confined only while administering the areas, specified in Part B of the Table appended to Paragraph 20 and as regards resolution of dispute between District Council and State Government in the matter of share of royalty for extracting minerals under paragraph 9(2). For rest of the provisions Dr. Ambedkar stated that “wherever the word Governor occurs, it means Governor acting on the advice on the ministry”.
POWER OF GOVERNOR IS NOT INDEPENDENT OF REST OF CONSTITUTION – GOVERNOR IS BOUND BY ADVICE GIVEN BY COUNCIL OF MINISTERS.
PU MYLLAL HLYCHHO V. State of Mizoram A.I.R. 2005 SC 1537 Constitution Bench
In the instant case, the nominated members of the Autonomous District Council held office during the pleasure of the Governor and the Council of Minsters advised the Governor to terminate the membership of these appellants and all relevant records were placed before the Governor. The relevant papers show that the contents of all the relevant files were brought to the knowledge of the Governor and he accepted the advice of the council of Ministers. As the Governor was not left with any discretionary power, he was bound by the advice given by the Council of Minister. The termination of the members from council by Governor is proper.
The above judgement has been delivered by relying upon the judgement of 7 Judges of the Supreme Court as reported in Shamshar Singh V. State of Punjab, (1974)2 SCC 831.
APPOINTMENT IN SCHEDULED AREAS
STATE GOVERNMENT MAKING 100% RESERVATION FOR THE LOCAL CANDIDATES/RESIDENTS OF SCHEDULED AREAS IN THE STATE IS VIOLATIVE OF ARTICLE 16(1)AND (2) OF THE CONSTITUTION.
StyajitKumar V. State of Jharkhand 2022(1) SCALE 640
For appointment of trained graduate teachers in the State of Jharkhand, the Governor has issued under Para 5 of the Fifth Schedule of the Constitution of India making 100% reservation for the local candidates/residents of the Scheduled Areas.
The Supreme Court held that the Governor as conferred in Para 5(1) of the Fifth Schedule of the constitution of India cannot issue notification making 100% reservation for the local candidates/residents of the scheduled areas in the state of Jharkhand being violative of Article 16(1) & (2) of the constitution of India.
NO LAW MANDATES THAT ONLY TRIBAL TEACHERS SHOULD TEACH IN SCHEDULED AREAS
CHEBROLU LEELA PRASAD RAO Vs State of Andhra Pradesh (2022) 11 SCC 401
The Founding Fathers never envisaged reservation of all seats-The Constitution aims at the formation of egalitarian order, free from exploitation, the fundamental equality of humans and to provide support to the weaker sections of the society and where from there is a disparity to make them equal by providing protective discrimination- The Constitution in the historic perspective leans in favour of providing equality and those aims sought to be achieved by the constitution by giving special protection to the socially and economically backward classes by providing a protective umbrella for their social emancipation and providing them equal justice ensuring right of equality by providing helping hand to them by way of reservation measures. But no law mandates that only tribal teachers will teach in the Scheduled Areas – Such action differs the logic. Another reason given is the phenomenal absenteeism of teachers in schools – That could not have a ground for providing 100% reservation to the tribal teachers in the Scheduled Areas.
POWER OF THE GOVERNOR TO EXTEND THE TERM OF COUNCIL UNDER PARAGRAPH 2(6A) OF SCHEDULE VI IS DISCRETIONARY
JatankumarThaosen Vs State of Assam,(2009)4 GLR 556
The Division Bench of the Guwahati High Court held that power of the Governor to extend the term of the council is discretionary. Power could be exercised by the Governor in his discretion provided he is of the opinion that circumstances exist which render the holding of the election impracticable.
PROCLAMATION OF GOVERNORS’S RULES IN GARO HILLS AUTONOMOUS DISTRICT COUNCIL WITHOUT BASING ON MATERIAL THAT ADMINISTRATION OF AUTONOMOUS DISTRICT COUNCIL CANNOT BE CARRIED ON, IS ILLEGAL
ROYNATH D. SANGMA Vs State of Meghalaya, 2010(6) GLJ 683
The Guwahati High Court held Proclamation of Governor’s Rule under Paragraph 16(2) of the Sixth Schedule in Garo Hills Autonomous District Council without basing on material that the administration of Autonomous District Council, Garo Hills cannot be carried on in accordance with the provision of Sixth Schedule, is illegal.
Role of the President
In our Constitutional scheme, The Governor is appointed by the President and holds office during pleasure of the President. It has been noticed about that the Governor has all pervasive role over the working of the District Council under the Sixth Schedule, yet in certain cases power has been conferred on the President. In some matters the Governor is required to act on the basis of the recommendation of President, and in some other matters the President is empowered to act directly. The role of President in the functioning of the Sixth Schedule to the Constitution may be summarized hereunder: –
Law enacted by the North Cachar Hills Autonomous Council, Kabi Anglong Autonomous Council and Bodo Territorial Council relating to matters specified in List III of the Seventh Schedule are required to be reserved by the Governor for the Consideration of the President and when a law is reserved for the consideration of the President, the President may give assent to the such law or withhold the assent or suggest District Council to reconsider the law or introduce amendments on specific provisions. [Paragraph 3A(2)(3) & Paragraph 3B(2)(3)]
President has been conferred with power to issue notification amending sub paragraphs (1) to (4) of paragraph 4 (dealing with administration of justice) in relation to such autonomous district or region, as may be specified in the notification, after consulting the concerned State Government. [Paragraph 4(5)]
The powers of the Governor available under paragraph 5(1) (conferring powers under C.P.C. and Cr.P.C. on District Council Courts) can be withdrawn on and from the date appointed by the President in the notification. [Paragraph 5(4)]
The President, with respect of any Act of Parliament, may to issue notification, directing that the any such Act will not apply to Meghalaya, Tripura and Mizoram or shall apply with such exception or modification, as may be specified in the notification. [Paragraph 12A(b),12AA(c) &12B(c)]
The Governor under paragraph 18 was authorized to apply the provisions of the Sixth Schedule to Part B areas (as originally framed), subject previous approval of the President. Further, the Governor was to administer these areas till application of the provisions of the Sixth Schedule to such areas, as an agent of the President. However Paragraph 18 has been omitted by the North Eastern Areas reorganization Act. 1971. [Paragraph 18)]
Regulation made by the Governor for peace and good government of any area, before District Councils were constituted, required assent of the President to have the force of law. [Paragraph 19(3)]
Role of State Legislature
The provisions of the Sixth Schedule has been termed as mini Constitution and the District Council constituted under it possess legislative, executive as well as judicial power. State legislature has minimal role over the functioning of the District Council. Under the provision of paragraph 12, 12AA and 12B, the laws passed by the State legislature of Assam, Tripura and Mizoram are contrary to legislation passed by the District Council, the State legislation are not applicable unless so directed by the District Council. However in case of State of Meghalaya, the State legislation has supremacy over the laws enacted by the District Council under paragraph 12A. Despite the above position, the State legislature has the following functions to perform:
The estimated receipts and expenditure pertaining to autonomous district is to be shown separately in the annual financial statement of State which is to be laid before the State Legislature. (Paragraph 13)
Report of the Commission appointed under paragraph 14 (regarding creation, increase, decrease or uniting areas of District Council, and regarding administration of Autonomous District/Regions) is required to be laid before the State Legislature. [Paragraph 14(2)]
Order of the Governor annulling and /or suspending any acts and resolution of the District and Regional Council (if such act or resolution is likely to endanger the safety of India or prejudicial to the public order) is to be laid before the State legislature as soon as possible with reasons therefore who can revoke such order of the Governor. [Paragraph 15(2)]
The Governor may assume to himself all or any of the functions or powers of the District or the Regional Council on the recommendation of the Commission appointed under paragraph 14 only after the concerned District or Regional Council is given an opportunity to place its views before the State legislature. [Paragraph 16(1)]
The order of the Governor dissolving a District or Regional Council on the satisfaction that the administration of the autonomous district/region cannot be carried out in accordance with the provisions of the Sixth Schedule to the Constitution is also required to be laid before the State legislature, and such order ceases to operate on the expire of thirty days from the date on which the State legislature first sits after the issue of the order, unless approved before the said period. [Paragraph 16(3)].
TRIAL BY FIRST-TRACK COURT UNDER SCHEDULE VI-NO JURISDICTION
Everest LyndohNongpur Vs State of Meghalaya, 2009(4) GLT 514
The Guwahati High Court held that First Track Court are not empowered under Sixth Schedule of the Constitution to try offence involving tribal under Paras 4 and 5. Such courts do not have jurisdiction to try offenses where victim of offense as well as accused are tribal.
DISTRICT COUNCIL IS NOT CLOTHED WITH PLENARY POWER OF LEGISLATION LIKE PARLIAMENT AND STATE LEGISLATURES:
The District Council of V.K. & J, Hills, Shillong V. Miss SITIMON SAWAN A.I.R. 1972 S.C. 787 5 Judges.
The Constitution Bench of the Supreme Court held that the District Councils unlike the Parliament and the State Legislatures are not intended to be clothed with plenary power of legislation. Their power to make laws is expressly limited by the provisions of the Sixth Schedule which has created them and they can do nothing beyond the limits which circumscribe their power. It is beyond the domain of the courts to enlarge constructively their power to make laws
SIXTH SCHEDULE – PARAGRAPH 3(1) CLAUSE (A) LAND COMPRISED IN AUTONOMOUS DISTRICT COUNCIL BELONGS TO STATE NOT DISTRICT COUNCIL – DISTRICT COUNCIL CANNOT EVICT PERSON IN OCCUPATION.
UDALDAS PANIKAPRALLAD CHANDRA DAS V. KARBI ANGLONG DISTRICT COUNCIL (1990)1 GLR 78
The Division Bench of the Gauhati High Court held that land comprised in autonomous District Council belongs to State and not District Council. Eviction person in occupation of the land by District Council by issuing vague notice without giving reasonable opportunity to occupants is hereby quashed.
Haobam Paban Kumar’s documentary film ‘Iron Women of Manipur’ and Meena Longjam’s documentary film ‘Andro Dreams’ will compete in the 15th International Documentary and Short Film Festival of Kerala 2023 organised by the Kerala State Chalachitra Academy on behalf of Government of Kerala to be held at Thiruvananthapuram from August 5 to 9 this year.
‘Iron Women of Manipur’ has been officially selected among 15 films in the Competition Short Documentary category and ‘Andro Dreams’ among 14 films in the Competition Long Documentary category of the festival, said a statement issued by Meghachandra Kongbam, president, Film Society of Manipur.
Haobam Paban Kumar’s 26-minute long Manipuri documentary is a tribute to the sports personalities of the country who have contributed immensely to the development of women in sports.The film follows the inspiring stories of the pioneers of women weightlifters, from N Kunjarani Devi, Padmashri Awardee 2011 and Anita Chanu, Dhyanchand Awardee to the present-day weightlifting sensation of India Mirabai Chanu, Padmashri Awardee 2018.
Narration and subject expert of the film is sports journalist Ratneshwari Goswami. Saikhom Ratan takes the helm as cameraman with Laishram Devakumar Meetei as the sound designer and Sankha, the editor. The film is produced by the Films Division.
Meanwhile, Meena Longjam’s 63 minute and 17 seconds long documentary is the love story of Laibi, an old woman with a spirited soul and her three decade old all girls’ football club battling economic challenges, patriarchal system and orthodoxy in an ancient village of north east India.
Sunny Sarungbam is the cameraman, Debajit Gayal sound designer, Sankha editor and Jimbo Takhellambam music in the film which is produced by Airameen Media and Janis Vishwanath.
Haobam Paban Kumar, one of Manipuri Cinema’s decorated filmmaker, has done it again with his latest Manipuri feature film, “Joseph ki Macha” (Joseph’s Son) getting premiered in the largest international film festival of Asia and the longest running international film festival of China.
This time, his 83-minute film on the fear and uncertainty of life in Manipur, devastated by armed conflict and ethnic divide, did Manipuri Cinema proud by being Indian’s lone entry to the main competition section of the 25th Shanghai International Film Festival 2023, which was held from 9th to 18 June in China’s biggest city and global financial hub.
Co-Produced by National Film Development Corporation and Haobam’s own production firm, Oli Picture, “Joseph’s Son is based on a short story by Sudhir Naoroibam, a Sahitya Akademi Award winner. The story revolves around Joseph’s (played by Guru Rewben Mashangva) search for his missing son through a landscape of dismal and turmoil.
The Manipuri film was in the competition section with 11 other international films for the prestigious Golden Goblet Award 2023. It got its world premiere on 13th June at the Shanghai Film Centre as part of the film festival.
Along with director Haobam Paban Kumar, the protagonist, Guru Rewben Mashangva and executive producer of the film, PP Math attended the festival. Haobam Paban Kumar is a nominated executive member of the Manipur State Film Development Society (MSFDS) who repeatedly grabbed international attention with his reel stories of Manipur.
“Joseph ki Macha” is his third Manipuri feature film. Each of his earlier films have all earned critical accolades in the festival circuits of the world. Debuted with Loktak Leirembi or Lady of the Lake, his second production being “Nine Valley One Valley”.
The Supreme Court in the case as reported in (1997)8 SCC 191 (Supra) has emphatically mentioned that tribals, on account of their isolation, remained illiterate, uneducated, unsophisticated, poor and destitute. At the same time, the recommendations of the Sub-committees (Supra) mainly focussed that the Government policies should be for the preservation of the tribal’s social customs from sudden erosion, and the safeguarding their traditional vocations without the danger of their absolute exploitation by the more sophisticated elements of the population. Illiteracy and exploitation of tribals by elements of population form the basic foundation of applying the provisions of Sixth Schedule.
Sixth Schedule in Manipur :
State of Manipur is the only state of the seven sister states of the North Eastern Region to which the provisions of the Sixth Schedule have never been applied. Manipur was initially a Union Territory, being a Part C State in the First Schedule to the Constitution, having been placed as item No.9. According to Part VIII of the Constitution (Article 239), Part C States were administered by the President through Chief Commissioner or Lieutenant Governor.
The states in the North Eastern Region were reorganised by the North Eastern Areas (Reorganisation) Act, 1971 and by section 3 thereof, the state of Manipur was formed comprising the territories which immediately before that day were comprised in the Union Territory of Manipur.
Separate provisions for constitution of district councils for hill areas of Manipur.
Close on the hills of formation of the state of Manipur by the aforesaid Act, the Manipur (Hill Areas) District Council Act, 1971 (Act 76 of 1971) was passed by the Parliament for constitution of District Councils for the Hill Areas of the state of Manipur. the aforesaid Act has been replaced by the state enactment namely, the Manipur Hill Areas Autonomous District Council Act, 2000 (Manipur Act 11 of 2000) wherein details provisions are made for the functioning of the District Council is constituted in the Hill Areas of the State. District Councils have been constituted in all the five Hill Districts of Manipur.
These are:
Ukhrul Autonomous District Council, Ukhrul
Tamenglong Autonomous District Council, Tamenglong
Churachandpur Autonomous District Council, Churachandpur
Chandel Autonomous District Council, Chandel
Senapati Autonomous District Council, Senapati
Sadar Hills Autonomous District Council, Kangpokpi
Insertion of Article 371 C
By the Constitution (27th Amendment) Act, 1971, Article 371 C has been inserted whereby the Parliament has been empowered to constitute a Committee of Legislative Assembly for the Hill Areas of the State. Further, the Governor is required to make annual report to the President regarding administration of the Hill areas of the State. It further provides that executive power of the Union extends to giving direction to the State in the administration of said areas.
Power of the governor under Sixth Schedule to be exercised on the aid and advice of council of ministers.
Power under Sixth Schedule : Pu Myllai Hlychho Vs State of Mizoram (2005) 2 SCC 92
Constitution bench of the Supreme Court held as below
Page 94 – Para 1: (i) The provisions of the Sixth Schedule to the Constitution have evolved a separate scheme for the administration of the tribal areas in Assam, Maghalaya, Mizoram and Tripura through the institution of District Councils or Regional Councils. These Councils are vested with legislative power on specified subjects, allotted sources of taxation and given powers to setup and administer their system of justice and maintain administrative and welfare services in respect of land, revenue, forests, education, public health etc.
(ii) Satisfaction of governor required by constitution is not personal satisfaction.
Page 98 – Para 15 : The executive power also partakes the legislative or certain judicial action. Wherever the Constitution requires the satisfaction of the Governor for the exercise of power or function, the satisfaction required by the Constitution is not personal satisfaction of the Governor but the satisfaction in the Constitutional sense under the cabinet system of government.
The Governor exercises functions conferred on him by or under the Constitution with the aid and advice of the Council of Ministers and he is competent to make rules for convenient transaction of the business of the Government of the State, by the allocation of business among the Ministers under Article 166(3) of the Constitution.
It is the fundamental principle of English Constitutional Law that the Ministers must accept the responsibility for every executive act. It may also be noticed that in regard to the executive action taken in the name of the Governor, he can not be sued for any executive action of the State and Article 300 specifically states that the Government of state may sue or may be sued in the name of the state subject to the restriction placed therein.
Powers of the president and governor are similar to crown under the parliamentary system.
This Court has consistently taken the view that the powers of the President and the Governor are similar to the powers of the CROWN under the British Parliamentary System. We followed the principle in (1) Rai Sahib Ramjawaya Kapur Vs. State of Punjab, AIR 1955 S.C. 549, A. Sanjeevi Naidu V. State of Madras, (1970)1 SCC 443 and U.N.R Rao V. Indira Gandhi, (1971) 2 SCC 63.
(iii) Termination of four members from mara authonomous district council by the governor of mizoram on the advice of council of ministers is perfectly in accordance with Sixth Schedule.
Page 103 – Para 32 : In the result, we hold that the Governor was bound by the aid and advice of the Council of Ministers and the termination of the four members from MADC by order of the Governor on 5.12.2001 was perfectly in accordance with the constitutional provisions and the Sixth Schedule to the Constitution.
For nomination of members governor was justified in making consultation with council of ministers
The nomination of the four members to the council by orders dated 6.12.2001 was legal and the Governor acted by virtue of the discretionary power vested in him. The Governor was justified in making consultation with the Council of Ministers and the Governor making such incidental consultation with the Council of Ministers did not in any way affect the discretionary power.
No other authority interfered with the independent exercise of the Governor’s discretion in nominating the four members of MADC and the notification issued by the Governor on 6.12.2001 was validly made and the decision of the Division Bench of the Gauhati High Court does not call for any interference.
Observation of sub-committees is preservation of social customs from erosion and safeguarding traditional vocations.
The joint meeting of the two sub-committees held in August, 1947 observed, inter alia, that primarily the government policies relating to the tribes and tribal areas had been the preservation of their social customs from sudden erosion, and the safeguarding their traditional vocations without the danger of their absolute exploitation by the more sophisticated elements of the population.
At the same time the sub-committees recognised the fact that the keeping the tribals in isolation should not continue for an indefinitely long period, and, therefore, the alternative government policy should be to raise their educational level and standard of living to such extent that they might in course of time be assimilated with the rest of the population: the sub-committee did not find it advisable to remove the administrative distinction between the backward areas and the rest of the country and thus recommended that while certain areas like Sambalpur in Bihar and Angul in Orissa need not further be treated differently from the regularly administered areas, other tribal, excluded and partially excluded areas need a simplified type of administration to protect the tribals from exposure to the complicated system of the ordinary law courts and from the exploitation of the traders and money lenders who used to take advantage of their simplicity and illiteracy, and deprive them from their land and right of survival.
The sub-committee recommended that the areas predominantly inhabited by aboriginals in the provinces other than Assam should be known as “Scheduled Areas”; whereas the area predominantly inhabited by aboriginals in the state of Assam and mostly being frontier or border areas should be known as ‘Tribal Areas”. The recommendations of the two Sub-Committee should not be considered by the Constituent Assembly in its session in July, 1947, when the Broad principles of the Constitution were settled, since, as stated by Dr, Ambedkar, the same were received too late.
However the Drafting Committee considered the recommendations and the draft prepared by the Sub-Committees, at the stage of drafting and suitable provisions including Schedules V and VI were included in the draft constitution of February, 1948, and thus, provisions of VI Schedule germinates in the Constitution of India.
The provisions of the Sixth Schedule to the Constitution have evolved a separate scheme for the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram through the institution of District Councils or Regional Councils. These councils are vested with legislative power on specified subjects, allotted sources of taxation and given powers to set up and administer their system of justice and maintain administrative and welfare services in respect of land, revenue, forests, education, public health etc.2.
Provisions of sixth schedule
The various provisions of Sixth Schedule can be briefly summarised as below:
Para 1 of the Sixth Schedule deals with tribal areas in each item of the table appended to paragraph 20 of this schedule as autonomous district.
Para 2 of the Schedule deals with the Constitution of District Councils and Regional Councils.
Para 3 of the Sixth Schedule deals with the powers of the District Councils and Regional Councils to make laws.
Para 4 of the Sixth Schedule deals with the administration of justice in autonomous districts and autonomous regions.
Under Para 5 of the Sixth Schedule, powers under the Code of Civil Procedure, 1908, and the code of Criminal Procedure, 1898 are conferred on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.
Para 6 of the Schedule deals with the powers of the District Council to establish primary schools etc.
Under Para 7 of the Schedule, District and Regional Funds shall be constituted for each autonomous district council and for each autonomous region. All moneys received shall be credited to the District and Regional Funds in the course of the administration of such district or region as the case may be in accordance with the provisions of the constitution.
Para 8 of the Schedule deals with the powers to assess and collect land revenue and to impose takes.
Para 9 of the schedule deals with Licences or leases for the purpose of prospecting for or extraction of minerals.
Under Para 10 of the Schedule District Council has the power to make regulations for the control of moneylending and trading by non-tribals.
Under Para 11, all laws, rules and regulations made under this schedule by a District Council or a Regional Council shall be published forth with in the official Gazette of the State and shall on such publications have the force of law.
Para 12 of the Schedule deals with the application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam. 12A: Para 12A deals with application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya. 12AA: Para 12AA of the Schedule deals with application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State of Tripura. 12B: Para 12B of the Schedule deals with application of Acts of Parliament and of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the state of Mizoram.
20: Para 20 of the Schedule deals with the provision that areas specified in Paras I, II, IIA and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram. 20A: Para 20A deals with Dissolution of the Mizo District Council 20B: Para 20B of the Schedule says that Autonomous Regions on the Union Territory of Mizoram to be autonomous Districts and transitory provisions consequent thereto. 20C: Para 20C of the Schedule deals with the interpretation of this Schedule. 21: Para 21 of the Schedule deals with the amendment of the Schedule.
Under Para 13 of the Schedule, the estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State shall be first placed before the District Council for discussion and than after such discussion be shown separately in the annual financial statement of the state to be laid before the Legislature of the state under Article 202.
Under Para 14 of the Schedule the Governor may at any time appoint a Commission to inquire into and report on the administration of autonomous districts and autonomous regions.
Under Para 15 of the Schedule, if at any time the Governor is satisfied that an act or resolution of a District or Regional Council is likely to endanger the safety of India or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the council and the assumption to himself of all or any of the powers vested in or exercisable by the council) to prevent the commission or continuation of such act or the giving effect to such resolution.
Under Para 16 of the Schedule the Governor may on the recommendation of a commission appointed under Paragraph 14 of this Schedule by public notification order the dissolution of a District or Regional Council.
Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
Provision of Para 19 of the Schedule relates to transitional provisions to enable the Governor to take steps for the constitution of a District Council for each autonomous district in the State.
