The Autonomous District Councils (ADCs) in Northeast India’s Sixth Schedule states and Manipur (which operates under Article 371C) differ significantly in terms of their constitutional provisions, powers, and governance structures.
Here’s a breakdown of the key differences:
CONSTITUTIONAL PROVISIONS
Sixth Schedule States: ADCs in states like Assam, Meghalaya, Mizoram, and Tripura are governed under the Sixth Schedule of the Indian Constitution. This schedule provides for the creation of autonomous regions and districts with significant self-governing powers, especially for tribal areas.
Manipur (Article 371C): In Manipur, ADCs operate under the special provisions of Article 371C, which specifically applies to the state. This article provides for the creation of a Hill Areas Committee in the state legislature and the establishment of ADCs in the hill areas, but with more limited powers compared to those under the Sixth Schedule.
JUDICIAL POWERS
Sixth Schedule ADCs: ADCs in Sixth Schedule states have judicial powers as well. They can establish village courts and district courts to adjudicate on matters within their jurisdiction, particularly those related to tribal customs and practices.
Manipur ADCs: The ADCs in Manipur do not have judicial powers. Judicial matters in the hill areas of Manipur are dealt with by the state judiciary, and the ADCs have no role in adjudication.
FINANCIAL AUTONOMY
Sixth Schedule ADCs: These ADCs have a higher degree of financial autonomy. They can levy taxes, collect revenues, and receive grants directly from the central government, giving them a substantial degree of financial independence.
Manipur ADCs: The ADCs in Manipur have less financial autonomy. They rely primarily on funds allocated by the state government and do not have significant revenue-generating powers. This dependence on state funding limits their financial independence.
ADMINISTRATIVE POWERS
Sixth Schedule ADCs: ADCs under the Sixth Schedule have considerable administrative control over subjects like agriculture, land management, village administration, and more. They have their own executive and administrative machinery.
Manipur ADCs: The ADCs in Manipur have limited administrative powers. Many key areas such as health, education, and infrastructure are still under the control of the state government, which limits the ADCs’ effectiveness in these sectors.
REPRESENTATION and GOVERNANCE
Sixth Schedule ADCs: The governance structure of ADCs under the Sixth Schedule includes elected representatives who form an executive body with significant decision-making powers. These councils have the authority to govern and administer the autonomous regions.
Manipur ADCs: The ADCs in Manipur also have elected representatives, but their role is more advisory in nature, and their decisions often require approval from higher state authorities. Their governance structure is less autonomous compared to those under the Sixth Schedule.
SCOPE OF AUTONOMY
Sixth Schedule ADCs: The scope of autonomy for ADCs under the Sixth Schedule is broad and includes legislative, executive, and judicial powers, making them highly autonomous in their functioning.
Manipur ADCs: The scope of autonomy for ADCs in Manipur is more restricted, with limited legislative and administrative powers, and no judicial authority, making them less autonomous in comparison.
LEGISLATIVE POWERS
Sixth Schedule ADCs: ADCs under the Sixth Schedule have considerable legislative powers. They can make laws on a wide range of subjects, including land management, forests, inheritance, and marriage, among others. These laws are directly applicable in the autonomous regions.
Manipur ADCs: The ADCs in Manipur have more limited legislative powers. They can legislate on specific subjects such as agriculture, water resources, and social customs, but these laws require the approval of the Governor before they can come into effect.
In essence, ADCs under the Sixth Schedule of the Indian Constitution enjoy a much higher degree of autonomy, with extensive legislative, administrative, and judicial powers. In contrast, ADCs in Manipur under Article 371C have more limited powers, with significant control retained by the state government. Unless vetoed by the state governor, even a district deputy commissioner has the powers to push policies. This difference in autonomy and scope significantly affects the functioning and effectiveness of the ADCs specifically in Manipur state, Hill Areas.
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