Why in the News?
Climate activist Sonam Wangchuk was detained at the Delhi border on Monday night while leading a group of protesters seeking to petition the Central government for Ladakh’s inclusion in the Sixth Schedule of the Constitution, along with other demands for greater autonomy for the region.
What is Asymmetrical federalism?
- Asymmetrical federalism refers to a system where some regions or states within a country have more autonomy or special provisions than others. This contrasts with symmetrical federalism, where all states or regions have equal powers.
- Example in India: The Indian Constitution follows asymmetrical federalism, where certain regions like those under the Fifth and Sixth Schedules or specific northeastern states have special provisions and greater autonomy compared to other states.
Which are the other States seeking constitutional safeguards?
- Ladakh: The Union Territory of Ladakh has seen increasing demands for inclusion in the Sixth Schedule of the Constitution to safeguard its indigenous culture and provide greater autonomy.
- Arunachal Pradesh: The state has passed a resolution seeking inclusion in the Sixth Schedule to grant more autonomy to its tribal populations.
- Manipur: The Hill Area Committee in Manipur has also demanded inclusion in the Sixth Schedule for its tribal areas, particularly the ‘Hill areas’.
Do the Fifth and Sixth schedules grant areas under them more autonomy?
- Fifth Schedule: Grants special protections to ‘scheduled areas’ in 10 states. These areas are governed by Tribes Advisory Councils (TACs) and Governors, who have the power to regulate land transfers, businesses, and the applicability of laws.
- Sixth Schedule: Provides greater autonomy to ‘tribal areas’ in four northeastern states (Assam, Meghalaya, Mizoram, and Tripura) through Autonomous District Councils (ADCs).
- ADCs have more legislative, executive, and financial powers, including the ability to regulate land use, social customs, and taxation.
Why did the British create provisions for ‘excluded’ and ‘partially excluded’ areas?
- British Policy of Isolation: To avoid unrest and rebellion among the tribal populations, the British adopted a policy of ‘isolation’ by creating ‘excluded’ and ‘partially excluded’ areas in tribal regions under the Government of India Act, 1935.
- Excluded Areas: These were mostly in the northeastern hilly regions, where the Governor had the authority to legislate.
- Partially Excluded Areas: These included tribal regions in Central and Eastern India, where laws from central and provincial legislatures were applicable but with modifications, ensuring minimal interference with tribal customs and governance.
Conclusion: The government should initiate meaningful consultations with local stakeholders in regions like Ladakh, Arunachal Pradesh, and Manipur to address concerns about cultural preservation and autonomy, ensuring that any constitutional reforms reflect the aspirations of the indigenous populations.
