Sixth Schedule in Manipur- Part 2
|
A Romen Kumar Singh
Contd from previous issue
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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
18. Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
19. 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 3 -
A Romen Kumar Singh *
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. (To be contd)
Contd from previous issue
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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Para 17 of the Schedule deals with exclusion of areas from autonomous districts in forming constituencies in such districts.
18. Para 18 of the Sixth Schedule is omitted by the North-Eastern areas (Reorganisation) Act, 1971 (81 of 1971)
19. 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 3 -
A Romen Kumar Singh *
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. (To be contd)