Context: In the tribal-dominated Diphu Lok Sabha constituency in Assam, candidates from all political parties have pledged to put into action Article 244(A) of the Constitution. Article 244(A) aims to establish an autonomous region, almost like a separate government within the state.

About Article 244(A) and Sixth Schedule

• Article 244(A) allows for creation of an ‘autonomous state’ within Assam in certain tribal areas.

• It also envisages creation of a local legislature or 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 powers to tribal areas than the Sixth Schedule. Among these the most important power is the control over law and order.

• In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.

Sixth Schedule

• The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.

• This 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.

• 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 Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.

• The whole of the normal administrative machinery operating in a state do not extend to the scheduled areas.

• At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Area.

• Tribal habitations in the states of Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh and Jammu & Kashmir have not been brought under the Fifth or Sixth Schedule.

• The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

• The Councils have also been endowed with wide civil and criminal judicial powers, for example establishing village courts etc. However, the jurisdiction of these councils is subject to the jurisdiction of the concerned High Court.

Diphu and its social profile

• Diphu is the most sparsely populated of Assam’s 14 Lok Sabha constituencies, with just 8.9 lakh voters.

• It is reserved for Scheduled Tribes (STs), and covers six legislative Assembly segments in three tribal-majority hill districts of Assam: Karbi Anglong, West Karbi Anglong, and Dima Hasao.

• These three districts are administered under the provisions of the Sixth Schedule of the Constitution.

• These areas come under two autonomous councils: the Karbi Anglong Autonomous Council (KAAC) and the North Cachar Hills Autonomous Council.

• Voters at the seat belong to various communities: Karbi (the third largest tribe in the state), Dimasa, Hmar, Kuki, Rengma Naga, Zeme Naga, Bodo, Garo, Assamese, Gorkha, etc.

Understanding Article 244(A): A Proposal for Enhanced Autonomy

• Article 244(A), inserted by the Constitution (Twenty-second Amendment) Act, 1969, empowers Parliament to create autonomous states within Assam, including regions like Karbi Anglong.

• This provision aims to provide regions with their own legislature or council of ministers, going beyond the limited powers granted by the existing Sixth Schedule.

Historical Context and Demand for Autonomy

• The demand for autonomy in the Karbi Anglong region dates back to the 1950s, with aspirations for a separate hill state.

• Despite the creation of Meghalaya in 1972, the leaders of Karbi Anglong chose to remain with Assam, banking on the promises of Article 244(A).

• Various movements and organizations, including the Autonomous State Demand Committee (ASDC), have advocated for enhanced autonomy, leading to peace accords and agreements with militant groups.

Current Political Dynamics and Electoral Promises

• Despite past peace settlements, discussions around Article 244(A) remain pertinent in the electoral discourse.

• Candidates, including former militants like Horen Sing Bey of the BJP, continue to emphasize autonomy demands, reflecting the region’s persistent aspirations.

• However, skepticism remains regarding the actual implementation of autonomy promises by successive governments, with allegations of insufficient commitment to granting greater autonomy.

Conclusion

• The electoral landscape in Diphu reflects the enduring desire for autonomy and self-governance among its tribal communities, as evidenced by the focus on implementing Article 244(A) by candidates across political parties.

• However, the gap between electoral promises and tangible progress in autonomy remains a point of contention, highlighting the need for sustained efforts towards addressing the region’s aspirations for greater self-determination.