In India, there are autonomously administered territories for Scheduled Tribes, administered by representatives of those tribes. The Sixth Schedule of the Constitution of India allows for the formation of Autonomous District Councils and Autonomous Regional Councils in Assam, Meghalaya, Mizoram, and Tripura, granting them autonomy within their respective territories. Currently, there are 10 Autonomous District Councils across these four states. In these areas, Acts of Parliament and state legislation do not apply.[1][2]

Autonomous councils in India
Autonomous councils in North East India

Additionally, other autonomous councils, created by individual states through state legislation, exist in Northeast India, Ladakh, and West Bengal. Unlike those under the Sixth Schedule, these councils are subject to parliamentary and state laws.[citation needed]

Powers and competencies

Executive and legislative powers

Under the provisions of the Sixth Schedule of the Constitution of India, autonomous district councils can make laws, rules and regulations in the following areas:[1]

  • Land management
  • Forest management
  • Water resources
  • Agriculture and cultivation
  • Formation of village councils
  • Public health
  • Sanitation
  • Village and town level policing
  • Appointment of traditional chiefs and headmen
  • Inheritance of property
  • Marriage and divorce
  • Social customs
  • Money lending and trading
  • Mining and minerals

Judicial powers

Autonomous district councils have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.[1]

Taxation and revenue

Autonomous district councils have powers to levy taxes, fees and tolls on: building and land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.[1]

Constitutional autonomous councils

There are 10 Autonomous District Councils created by the Sixth Schedule of the Constitution of India:

Statutory autonomous councils

Some states have created autonomous councils by an Act of their state legislatures. The two autonomous councils in the union territory of Ladakh was created by the state of Jammu and Kashmir (1952 – 2019).

De facto self-governing areas

North Sentinel Island

North Sentinel Island is situated in the island chain of the Andaman and Nicobar Islands which is a union territory of India. It is home to the Sentinelese people, who are among some of the world's last uncontacted peoples. They reject any contact with other people and are among the last people to remain virtually untouched by modern civilization. There has never been any treaty with the people of the island nor any record of a physical occupation.

The Andaman and Nicobar Administration has stated[5] that they have no intention of interfering with the Sentinelese's lifestyle or habitat. Although the island is likely to have suffered seriously from the effects of the December 2004 tsunami, the survival of the Sentinelese was confirmed when, some days after the event, an Indian government helicopter observed several of them, who shot arrows at the hovering aircraft to repel it.

Although this has not been done with any formal treaty, the official policy of minimal interference has ensured that they have de facto autonomy and sovereignty over their island under the framework of the central and local governments.[6]

See also

References

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