By Paojel Chaoba
IMPHAL, June 29: The Union government has notified Manipur State government to furnish details of specific areas to be included under the Sixth Schedule of the Indian Constitution.
The much debated demand for extension of 6th schedule provision of the Indian constitution to the hill areas of Manipur is in focus at the Centre. According to a letter sent from the Government of India, Ministry of Home Affairs (North East Division) dated May 7, 2015 under the subject `Extension of the Sixth Schedule of the Indian Constitution in the Hill Areas of Manipur,` addressed to the chief secretary of Manipur, P C Lawmkunga.
The official notification by the under secretary to the government of India, Manohar N Sukole mentions that, `I am directed to state that the State Government of Manipur, vide letter dated 07.04.2001,had conveyed decision of State Cabinet that it had no objections to the extension of Sixth Schedule of the Constitution of India in the tribal areas in the Hill district of Manipur with certain local adjustment and amendments. In response, this Ministry vide letters dated 21.09.2001 and 17.10,2001, requested the State Government of Manipur to furnish details of specific areas to be included in the 6th Schedule of the Constitution and proposed local adjustments and amendments.` It may be mentioned here that the cabinet decisions were taken during the tenure of W Nipamacha Singh led MSCP government and later the Samata Party government led by Koijam Radhabinod in 2001.
The letter further reads, `It is stated that that all the six ADCs have been requesting to the Government of India for inclusion of these ADCs under the 6th Schedule. In view of these facts, in reply to an unstarred question, it has been stated that the Government of Manipur has not sent details of local adjustments/ revised proposal in this regard so far. The Rajya Sabha Secretariat has conveyed that the reply has been treated as an assurance. To fulfill the assurance, reply of the Government of Manipur to this Ministry`™s letter dated 21.09.2001 and 17.10.2001 is required. In view of the above, the State Government of Manipur is again requested to furnish details of specific areas to be included in the Sixth Schedule of the Constitution and propose local adjustments and amendments.`
This letter designated as `Most Immediate Parliament Matter`™ bearing number 1303/11/2015-NE.IV states that the Union government has a clear objective to include the hill districts of the State under the 6th schedule provision.
On 5 September, 2014, some members of the Autonomous District Councils of Manipur had staged a protest at Jantar Mantar, Delhi, demanding that the present ADCs be upgraded to the 6th schedule of the constitution (The 6th schedule of the Constitution provides for local self governance for the tribal people in the northeast.)
In their memorandum submitted to prime minister Narendra Modi on 30 August last, the then chairmen of the six Autonomous District Councils in Manipur had stated that while the Manipur (Hill Areas) District Council (3rd Amendment) Act, 2008 `“ on the basis of which the present ADCs were formed `“ provided for devolution of power to the ADCs by the state government in 26 subjects, devolution has not happened in more than half of the subjects. The Churachandpur ADC had passed a resolution earlier on 26 June, 2013 demanding extension of the 6th schedule provisions to the ADC areas of Manipur. The said memorandum is an endorsement of the Churachandpur ADC resolution by all the six ADCs in Manipur hill districts.
The demand for inclusion of Manipur hill areas under 6th extends over the last 35 years. The Hill Areas Committee (HAC), consisting of all 19 MLAs from the tribal reserved constituencies in Manipur, passed a resolution demanding 6th schedule provisions for the Manipur hills in 1978 `“ only five years after the Committee`™s constitution in 1973. The HAC was envisaged to be the guardian of tribal interests; this Committee is to be consulted in all legislative matters affecting the Hill Areas of the state. It was created under Article 371C of the Constitution through the Constitution (27th Amendment) Act, 1971, which came into effect from 15 February, 1972. Secondly, article 371C states that `the executive power of the Indian union shall extend to the giving of directions as to the administration of the said areas`.
Concurrently with Article 371C, the Manipur (Hill Areas) District Council Act, passed by the Indian parliament also in 1971 sought to add an element of local level self-rule to the Manipur Hills. Under this, district councils were formed in Manipur hills, whose members were elected by the people. These Councils were endowed with powers over a list of functions. The numbers of members in the Councils and functions they are given increases over time. However, unlike those under 6th Schedule, the Councils do not have legislative and judicial powers; their functions are executive in nature and the thrust, economic. Hence, while these Councils are similar to those under 6th Schedule in form, the latter are much more powerful in reality.
It is interesting that the ADCs in Manipur are neither under 5th schedule nor 6th schedule. Constitutionally, Manipur ADCs are sui generis. Experts have observed that there is no mechanism to coordinate between the ADCs and HAC. The original ADC Act was passed by the Union, while subsequent amendment Acts were passed by the state in 2000, 2006 and 2008. These amendments were passed regardless of the fact that the ADC elections were not held since 1989 and the Councils consequently remained non-functional till 2010.
The HAC, in 1983, 1990 and 2002 re-affirmed its 1978 resolution demanding extension of 6th schedule to Manipur hills. The state cabinet recommended for the same on three occasions, in 1991, 1992 and 2001. Various government-appointed commissions also recommended for the same. Nothing came out of them till today. But, debates on the provision of the 6th Schedule is an ongoing issue. It may be mentioned that earlier on, the President of International Meeteis`™ Forum (IMF), RK Rajendro had stated that implementing the 6th Schedule of the Indian Constitution in any part of Manipur, would create chaos in the State.
Expert opinion states that, it comes within the purview of the Union of exercising its special power, under Article 371C, to give directions to the state on implementing the 6th Schedule provision and falls squarely within the Union`™s authority and power. This reporter sought an interview with the chief secretary P C Lawmkunga today to ask what the reply of the state government was? Whether to send the cabinet decision of 2001 to MHA to promulgate the 6th Schedule or that, the SPF government had a different stance not to adopt the provision. But the chief secretary was not available for comments.