By Akash Pandey :
Article 244 (A) has although granted statehood to, Meghalaya, the tribals of Assam are still trying to converge. The leaders of Karni Anglog and North cache Hills, known as armed specialist insurgents , keep alluding even though the, the statehood was promised. The Political vindictiveness, is a reason of uncertainty and glooming paradox over Article 244 A. The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled areas. There are two schedules (5th and 6th) of the Indian constitution which entail the detail about the control and management of scheduled and tribal areas. Introduction Article 244(A) allows for the creation of an ‘autonomous state’, within Assam’s tribal districts. The aforesaid article, envisages creation of local legislature of council of ministers or both to carry out local administration. The twenty-second constitution amendment act, 1969 led to induction of it in Indian Constitution. Article 244(A), pronounces, higher autonomous power to tribal areas than the sixth schedule. The Sixth Schedule defines, the administration and control of the scheduled and tribal areas of the four states – Assam (the hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region), Meghalaya , Tripura, Mizoram. Among, these the most important power is the control over law and order. In autonomous council, under the sixth schedule, they do not have jurisdiction of law and order. The Governor is empowered to increase or decrease the areas or change the names of the autonomous districts, while executive powers of the Union extend in scheduled areas with respect to their administration in fifth schedule, the sixth schedule areas remain within executive authority of the state
.The Acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or applied with specified modification and exception. The provisions regarding the administration and control of scheduled and tribal areas of any state except the four states – Assam, Meghalaya, Tripura , Mizoram . At present 10 states namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have fifth schedule. To deal with, the scheduled and tribal areas, the constitution has inducted Article 244 and Article 244 (A). Article 244: It deals with the administration of scheduled and tribal areas and defines scheduled areas as the areas defined so by the president of India and the mentioned in the fifth schedule of the constitution.
Article 244(A): The council have also been endowed with wide civil and criminal judicial power, for establishing village court. However the jurisdiction of this council is subject to the jurisdiction of the concerned High court. Overview 1950: A demand for a separate hill state aroused in certain sections of the tribal population of undivided Assam which helped Meghalaya gain, its statehood in1972. (during the tenure of Indira Gandhi). Whilst, the prolonged agitation, the leaders of Karni Anglong and North Cache hills were too, part of it, as a privilege they could either stay in Assam or join Meghalaya, the leaders chose to stay back, after the Union Government , promised them more power, including Article 244(A). 1980: Demand for more power/autonomy took the form of a movement with a no of Karni groups restoring to violence. Some became an armed specialist insurgency demanding autonomy.2021: January , a group of BJP legislators from Assam followed by BJP MP Horen Sing Bey (The Representative of Autonomous Hills District Constituency), submitted a memorandum to the centre seeking the implementation of Article 244(A).
The pacifying strategy and round table talks of the Union government led to surrender of Karbi Group. Immediately, after the surrender, the later met the Home Minister of India Shri. Amit Shah and reiterated ,the demand of autonomy . However, the Home minister only promised a special development package. Conclusion Congress leader Rahul Gandhi promised to implement Article 244(A) of the constitution to safeguard the interest of the people in Assam’s tribal majority district.
“BJP is attacking on the culture and traditions of the hill tribes by withdrawing Article 244(A).The upcoming Congress government will ensure that Article 244(A) is not diluted and all its clauses are implemented to protect the interest of indigenous people” said Rahul Gandhi. However, the Home Minister Shri Amit Shah, only promised a special development package. “Kosh Kosh Par Badle Paani, Chaar Kosh pe Badle Wani” – the diversification of Indian Culture & vehemently prevailing unity, is what India exemplarily glorifies. However, prior to enforcement of a law, the glory should be upheld.