The Constitution (125th Amendment) Bill, 2019, Features, Importance

The Constitution (125th Amendment) Bill, 2019 was introduced in the Rajya Sabha in February 2019 with the objective of strengthening local self-governance in the tribal areas governed under the Sixth Schedule of the Indian Constitution. The Bill sought to improve the functioning of Autonomous District Councils (ADCs) and provide greater financial and administrative autonomy to tribal institutions in Assam, Meghalaya, Tripura, and Mizoram.

The Constitution (125th Amendment) Bill, 2019 Features

The Constitution (125th Amendment) Bill, 2019 was introduced to strengthen local self-governance, improve financial autonomy, and enhance democratic participation in the tribal areas covered under the Sixth Schedule of the Constitution.

• Establishment of Village and Municipal Councils: Proposed the creation of Village Councils in rural areas and Municipal Councils in urban areas within Sixth Schedule regions.
• Strengthening Autonomous District Councils (ADCs): Enhanced the powers and responsibilities of District and Regional Councils for better governance.
• Greater Financial Autonomy: Provided mechanisms for improved financial support and resource allocation to local tribal institutions.
• State Finance Commissions: Mandated State Finance Commissions to review the financial position of Autonomous District Councils and recommend fund distribution.
• Role of Finance Commission: Proposed amendments to Article 280 to enable the Finance Commission to recommend measures for augmenting funds for District, Village, and Municipal Councils.
• Devolution of Powers: Allowed the transfer of administrative, planning, and developmental functions to Village and Municipal Councils.
• State Election Commission Oversight: Elections to District, Regional, Village, and Municipal Councils were proposed to be conducted under the supervision of the State Election Commission.
• Anti-Defection Provisions: Empowered Governors to frame rules regarding disqualification of council members on grounds of defection.
• Improved Local Governance: Encouraged grassroots participation in decision-making and local development activities.
• Better Planning and Development: Enabled local bodies to prepare and implement plans related to economic development, infrastructure, and social welfare.
• Enhanced Accountability and Transparency: Introduced measures to improve the functioning and accountability of local governance institutions.
• Protection of Tribal Interests: Retained the special constitutional safeguards available to tribal communities under the Sixth Schedule while strengthening governance structures.

About Fifth Schedule of Indian Constitution

The Fifth Schedule of the Indian Constitution contains special provisions for the administration and governance of Scheduled Areas and the welfare of Scheduled Tribes in states other than those covered under the Sixth Schedule.

• Constitutional Basis

• • The Fifth Schedule is provided under Article 244(1) of the Constitution.
  • It deals with the administration and control of Scheduled Areas and Scheduled Tribes in India.
• Applicability
  • Applies to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram, which are governed under the Sixth Schedule.
  • Covers tribal-dominated regions across several states such as Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, Rajasthan, Andhra Pradesh, Telangana, Gujarat, and Himachal Pradesh.
• Scheduled Areas
  • The President has the power to declare any area as a Scheduled Area.
  • The President can increase, decrease, alter boundaries, or rescind the status of Scheduled Areas after consultation with the concerned Governor.
• Special Powers of the Governor
  • The Governor has significant powers regarding the administration of Scheduled Areas.
  • Can make regulations for peace and good governance in Scheduled Areas.
  • May prohibit or restrict the transfer of tribal land to non-tribals.
  • Can regulate money-lending activities to protect tribal communities from exploitation.
• Tribes Advisory Council (TAC)
  • Each state having Scheduled Areas must establish a Tribes Advisory Council.
  • The Council advises the Governor on matters related to the welfare and advancement of Scheduled Tribes.
  • It generally consists of not more than 20 members.
  • About three-fourths of its members should be representatives of Scheduled Tribes in the State Legislative Assembly.
• Governor’s Annual Report
  • The Governor submits a report annually, or whenever required, to the President regarding the administration of Scheduled Areas.
  • This enables the Union Government to monitor tribal welfare and governance.
• Legislative Powers
  • The Governor may direct that a law passed by Parliament or the State Legislature shall not apply to a Scheduled Area.
  • The Governor may also apply such laws with modifications or exceptions as deemed necessary.
• Role of the Union Government
  • The executive power of the Union extends to giving directions to states regarding the administration of Scheduled Areas.
  • The Central Government plays an important role in protecting tribal interests and ensuring proper implementation of welfare measures.

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About Sixth Schedule of Indian Constitution

The Sixth Schedule of the Indian Constitution provides a special system of self-governance for tribal areas in certain northeastern states through Autonomous District Councils and Regional Councils, ensuring the protection of tribal culture, customs, and administrative autonomy.

• Constitutional Basis

• • • The Sixth Schedule is provided under Article 244(2) and Article 275(1) of the Constitution.
    • It grants autonomy to tribal areas in selected northeastern states.
  • Applicability
    • Applies to tribal areas in:
      • Assam
      • Meghalaya
      • Tripura
      • Mizoram
    • These areas are known as Sixth Schedule Areas.
  • Autonomous District Councils (ADCs)
    • Each autonomous district has an Autonomous District Council.
    • ADCs function as local self-governing bodies with legislative, executive, and judicial powers.
    • Generally consists of up to 30 members, with elected and nominated representatives.
  • Regional Councils
    • Regional Councils may be established within autonomous districts having different tribal communities.
    • They protect the interests and customs of specific tribes.
  • Legislative Powers
    • District and Regional Councils can make laws on subjects such as:
      • Land management
      • Forests (other than reserved forests)

• Shifting cultivation

• • • Village administration
    • Inheritance of property
    • Marriage and divorce
    • Social customs and traditions
  • Such laws require the Governor’s assent.
• Executive Powers
  • Councils administer subjects under their jurisdiction.
  • They can establish and manage:
    • Primary schools
    • Markets
    • Roads
    • Water bodies
    • Public health facilities
• Judicial Powers
  • Councils can establish village courts or customary courts.
  • These courts adjudicate disputes involving tribal customs and traditional practices.
  • Their jurisdiction is generally limited to tribal residents.
• Financial Powers
  • Councils can levy and collect taxes on:
    • Land
    • Buildings
    • Markets
    • Animals
    • Vehicles
    • Entry of goods
  • They can also receive grants from the Central and State Governments.
• Role of the Governor
  • The Governor has significant supervisory powers.
  • Can create, modify, merge, or alter autonomous districts and regions.
  • May approve, suspend, or amend laws passed by the councils.
  • Can appoint commissions to review administration in autonomous areas.
• Protection of Tribal Identity
  • Safeguards tribal customs, traditions, languages, and cultural heritage.
  • Protects indigenous governance systems and customary laws.
• Autonomy in Administration
  • Provides a higher degree of autonomy than ordinary local bodies.
  • Enables tribal communities to manage their affairs according to local needs and traditions.

The Constitution (125th Amendment) Bill, 2019 Importance

The Constitution (125th Amendment) Bill, 2019 is important because it seeks to strengthen self-governance, financial autonomy, and democratic participation in the tribal areas governed under the Sixth Schedule of the Constitution.

• Strengthens Tribal Self-Governance: Enhances the powers and effectiveness of Autonomous District Councils and local governance institutions.
• Promotes Grassroots Democracy: Encourages greater participation of local communities in decision-making and development processes.
• Improves Financial Autonomy: Provides mechanisms for better allocation of funds and financial resources to tribal councils.
• Enhances Local Development: Enables local bodies to plan and implement development projects according to regional needs.
• Establishes Village and Municipal Councils: Brings governance closer to the people through decentralized administration.
• Ensures Better Service Delivery: Helps improve the implementation of education, healthcare, infrastructure, and welfare schemes.
• Strengthens Accountability and Transparency: Introduces institutional reforms that improve the functioning of local governance bodies.
• Protects Tribal Rights and Interests: Preserves the constitutional safeguards available to tribal communities under the Sixth Schedule.