-By Akash Pandey :
In January , a group of BJP legislators from Assam ,plus BJP MP Horen Sing Bey who represents the Autonoumos hills district ioconstituency, submitted a memorandum to the centre seeking the implementation of Article 244(A).
Later in February , two days after the surrender , Karbi groups approached home minister Amit Shah reiterating the demand.
Background
In 1950’s a demand for a separate hill state aroused in certain sections of the tribal population of undivided Assam.
After prolonged agitations, Meghalaya gained statehood in1972.
The leaders of Karni Anglong and North Cache hills were also part of this movement.They were given option to stay in Assam or join Meghalaya.
They stayed back as the centre promissed them more power, including Article 244(A).
In 1980’s 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.
Defination of Scheduled and Tribal areas
The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled areas.
Administration of Scheduled and Tribal 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.
Fifth schedule of the Indian constitution
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.
Sixth schedule of the Indian constitution
This schedule deals with the administration and control of the scheduled and tribal areas of the four states – Assam, Meghalaya , Tripura, Mizoram.
The special provision is provided under Article 244(2) and Article 275(1) of the constitution.
In Assam, the hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region are under this provision.
Scheduled and tribal areas are dealt with two articles
Article 244 – This article deals with the administration of scheduled and tribal areas. It 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)
Article 244(A) allows for the creation of an ‘autonomous state’s within Assam in certain tribal areas.
It also envisages creation of local legislature on council of ministers or both to carry out local administration.
It was inserted into the constitution by the twenty-second constitution amendment act, 1969.
Article 244(A)accounts for more autonomous power to tribal areas than the sixth schedule. 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 council have also been endowed with wide civil and criminal judicial power,for establishing village court. However the jurisdiction of these council is subject to the jurisdiction of the concerned High court.
Political debate
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.
Conclusion
India is a land of diversities and hence conserving each and every section of society is important, so that they could preserve their cultural identity and indigenous faith. By passing any Act if we can do greater good for the society and serve the very purpose of Indian democracy, we should move forward towards such steps.