Polity Set 111
π
π Panchayati Raj β’ Committees
Q.1) The committee appointed in 1957 by the Government of India to examine the working of the Community Development Programme and recommend a scheme of ‘democratic decentralisation’ was headed by:
Ans > Balwant Rai Mehta
- Historical Background of the Committee: The Government of India appointed this committee in January 1957 to critically evaluate the shortcomings of the Community Development Programme (initiated in 1952) and the National Extension Service (initiated in 1953). The government recognized that rural development initiatives were failing due to a lack of local participation.
- The Core Recommendation of Decentralisation: In its report submitted in November 1957, the committee coined the phrase ‘democratic decentralisation.’ This concept argued that power should not be concentrated in state capitals but must flow down to the grassroots, forming the bedrock of the modern Panchayati Raj system.
- The Proposed Three-Tier Structure: The committee laid out a clear architectural framework for local governance. It proposed a three-tier system: the Gram Panchayat at the foundational village level, the Panchayat Samiti at the intermediate block level, and the Zila Parishad at the apex district level, ensuring a connected chain of administrative command.
π Panchayati Raj β’ Historical Implementation
Q.2) Which state was the first to establish the Panchayati Raj system in India?
Ans > Rajasthan
- Inauguration by the Prime Minister: Rajasthan holds the historic distinction of being the first Indian state to implement the Panchayati Raj system. The scheme was officially inaugurated by the then Prime Minister of India, Jawaharlal Nehru, on October 2, 1959, deliberately chosen to coincide with Mahatma Gandhi’s birth anniversary.
- The Specific Location of Implementation: The first Panchayati Raj institution in the state was established in the Nagaur district of Rajasthan. This monumental event marked the practical beginning of democratic decentralisation in post-independence India, turning constitutional ideals into a reality for rural citizens.
- Subsequent Adoptions by Other States: Following Rajasthan’s lead, Andhra Pradesh became the second state to adopt the system later in 1959. By the mid-1960s, a majority of Indian states had created Panchayati Raj institutions, although the actual structures, number of tiers, and delegated powers varied significantly from state to state based on local geographic and demographic needs.
π Panchayati Raj β’ Committees
Q.3) The Ashok Mehta Committee on Panchayati Raj was appointed in 1977 by which government?
Ans > Janata Party Government
- Political Context of the Era: The Ashok Mehta Committee was appointed in December 1977 during the tenure of the Janata Party government, which was led by Prime Minister Morarji Desai. This was a period of significant political shift in India following the end of the National Emergency, prompting a review of democratic institutions.
- Objective of the Committee: By the late 1970s, the Panchayati Raj system had severely declined due to a lack of political will, irregular elections, and inadequate financial resources. The committee was specifically tasked with finding practical measures to revive, strengthen, and restructure these declining local governance institutions across rural India.
- Fate of the Committee’s Report: The committee submitted a detailed report in August 1978 containing exactly 132 recommendations. However, because the Janata Party government collapsed prematurely before the term ended, no action was taken at the central level. Despite this, states like Karnataka, West Bengal, and Andhra Pradesh voluntarily adopted several of its key recommendations to update their local systems.
π Panchayati Raj β’ Structural Reforms
Q.4) What was the core recommendation of the Ashok Mehta Committee regarding the structure of Panchayati Raj?
Ans > A two-tier system (Zila Parishad and Mandal Panchayat)
- The Shift to a Two-Tier Model: In a major departure from the Balwant Rai Mehta Committee’s three-tier model, the Ashok Mehta Committee recommended a streamlined two-tier system. They argued that removing the intermediate and village tiers in favor of a different structure would improve administrative efficiency and reduce unnecessary bureaucratic delays.
- Structure of the Mandal Panchayat: The proposed base tier was the Mandal Panchayat, which would not just cover a single village but a cluster of villages. The committee recommended that a Mandal Panchayat should cover a combined population of approximately 15,000 to 20,000 people to ensure economic viability and better resource pooling.
- The Role of the Zila Parishad: At the top tier, the committee recommended empowering the Zila Parishad at the district level. They envisioned the district as the first point of decentralization below the state level, making the Zila Parishad the primary executive body responsible for planning and implementing all developmental programs in the region.
π Panchayati Raj β’ Constitutional Recognition
Q.5) Which committee strongly recommended that Panchayati Raj institutions should be constitutionally recognized, protected, and preserved?
Ans > L.M. Singhvi Committee (1986)
- Formation Under the Rajiv Gandhi Era: The L.M. Singhvi Committee was appointed in 1986 by the central government headed by Prime Minister Rajiv Gandhi. Its primary focus was to study the revitalization of Panchayati Raj institutions specifically for the purposes of grassroots democracy and rural development.
- The Push for Constitutional Status: The most groundbreaking recommendation of the Singhvi Committee was its insistence on constitutional recognition. The committee argued that without a constitutional mandate, state governments would continue to ignore local bodies, delay their elections, and starve them of funds. This recommendation laid the direct groundwork for the eventual 73rd Amendment.
- Additional Key Proposals: Beyond constitutional status, the committee recommended the establishment of Nyaya Panchayats for clusters of villages to handle local judicial matters efficiently. It also emphasized the reorganization of villages to make Gram Panchayats more economically viable, and stressed the supreme importance of the Gram Sabha as the embodiment of direct democracy.
π Constitutional Amendments β’ Panchayats
Q.6) The 73rd Constitutional Amendment Act (1992) added which Part to the Constitution?
Ans > Part IX
- Creation of a New Constitutional Part: The 73rd Amendment Act of 1992 officially inserted a brand new Part IX into the Indian Constitution. This specific part is comprehensively titled “The Panchayats” and serves as the ultimate legal framework for all rural local self-government institutions across the entire country.
- Specific Articles Included: Part IX consists of a detailed sequence of provisions starting from Article 243 and ending at Article 243O. These articles cover every aspect of the Panchayati system, including definitions, the constitution of bodies, duration of terms, disqualifications, powers, authority, and the establishment of state election commissions.
- Addition of the Eleventh Schedule: Alongside Part IX, the 73rd Amendment also added the Eleventh Schedule to the Constitution. This schedule explicitly lists 29 functional itemsβsuch as agriculture, land improvement, minor irrigation, and animal husbandryβthat fall under the direct purview and administrative responsibility of the Panchayats.
π Panchayati Raj β’ Important Dates
Q.7) The 73rd Amendment Act came into force on which date, now celebrated as National Panchayati Raj Day?
Ans > April 24, 1993
- The Legislative Journey: The 73rd Constitutional Amendment Act was officially passed by both the Lok Sabha and the Rajya Sabha in late 1992. After receiving the necessary ratification from more than half of the state legislatures, it was finally given assent by the President of India.
- Significance of the Effective Date: The Act officially came into force on April 24, 1993. This date marks a watershed moment in India’s democratic history, as it legally transformed Panchayats from mere statutory entities created by state whims into highly protected, constitutionally mandated institutions of local governance.
- Establishment of the National Celebration: To honor this monumental constitutional milestone, former Prime Minister Manmohan Singh declared April 24 as the first National Panchayati Raj Day in the year 2010. Today, the Ministry of Panchayati Raj celebrates this day annually, often utilizing the occasion to distribute national awards to the country’s best-performing local bodies.
π Panchayati Raj β’ Gram Sabha
Q.8) Under Article 243A, the Gram Sabha is a body consisting of:
Ans > Persons registered in the electoral rolls of a village comprised within the area of Panchayat
- Definition of the Electorate Body: The Gram Sabha is distinctly defined not merely as a gathering of all village residents, but strictly as a legal body comprising persons whose names are registered in the electoral rolls relating to a village comprised within the area of the Panchayat.
- The Foundation of Direct Democracy: Unlike the Gram Panchayat, which is a representative elected body, the Gram Sabha serves as the primary foundation of the Panchayati Raj system. It acts as an institution of direct democracy at the village level, allowing ordinary citizens to directly participate in local planning and auditing.
- State-Defined Powers and Functions: The Constitution does not explicitly list the specific powers of the Gram Sabha. Instead, Article 243A dictates that a Gram Sabha may exercise such powers and perform such functions at the village level as the legislature of a State may provide by law, granting states flexibility in its implementation.
π Panchayati Raj β’ Qualifications
Q.9) What is the minimum age prescribed for contesting elections to Panchayats?
Ans > 21 years
- Distinct Age Requirement: According to Article 243F of the Constitution, the minimum age required to contest Panchayat elections is strictly 21 years. This is a deliberate constitutional design that differentiates local body elections from state and national elections, where the minimum age to become an MLA or MP is 25 years.
- Encouraging Youth Leadership: The lowered age threshold of 21 years was implemented to actively encourage young men and women to participate in grassroots politics. It provides an early entry point for young leaders to gain administrative experience and contribute directly to the development of their immediate rural communities.
- Rules Regarding Disqualification: The Constitution states that no person can be disqualified from contesting Panchayat elections on the grounds of age if they have attained the age of 21 years. Any disputes regarding other disqualifications of a member are referred to an authority designated by the state legislature.
π Panchayati Raj β’ State Election Commission
Q.10) The superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the panchayats is vested in the:
Ans > State Election Commission
- Creation Under Article 243K: To ensure that grassroots elections are free from local political interference, the 73rd Amendment introduced Article 243K, which legally mandates the creation of a State Election Commission (SEC) in every single state to oversee local elections.
- Separation from National Body: The State Election Commission is an entirely independent constitutional body. It is completely distinct from the Election Commission of India (ECI). While the ECI conducts elections for the Parliament and State Legislatures, it has absolutely no jurisdiction over Panchayat or Municipal elections.
- Comprehensive Electoral Authority: The SEC is solely responsible for the superintendence, direction, and control of the preparation of electoral rolls. It also governs the complete conduct of all elections to the Panchayats and Municipalities, ensuring they are held regularly every five years as strictly mandated by the Constitution.
π State Administration β’ Appointments
Q.11) Who appoints the State Election Commissioner?
Ans > The Governor of the State
- The Appointing Authority: Under the provisions of Article 243K of the Indian Constitution, the State Election Commissioner is officially appointed by the Governor of the respective State. This aligns with the state-level administrative structure where the Governor acts as the constitutional head of the state.
- Security of Tenure for Independence: Despite being appointed by the Governor, the Commissioner is granted immense security of tenure to ensure unbiased operations. The State Election Commissioner cannot be arbitrarily removed by the Governor. They can only be removed from office in the exact same manner and on the same grounds as a Judge of a High Court.
- Service Conditions: The conditions of service and the tenure of office of the State Election Commissioner are determined by the Governor, subject to the laws made by the State Legislature. Crucially, these conditions of service cannot be varied to the Commissioner’s disadvantage after their official appointment.
π Scheduled Areas β’ PESA Act
Q.12) To extend the provisions of Part IX to the Scheduled Areas, the Parliament enacted the PESA Act in the year:
Ans > 1996
- The Necessity of the Act: Part IX of the Constitution (which deals with Panchayats) does not apply automatically to Fifth Schedule areas due to their unique cultural demographics. To bridge this gap, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, commonly known as PESA, in 1996.
- Based on the Bhuria Committee: The conceptual framework for the PESA Act was largely based on the detailed recommendations of the Dilip Singh Bhuria Committee. The core objective was to extend Panchayati Raj provisions to tribal areas while making careful modifications to respect and preserve their traditional customs and community governance.
- Empowering Tribal Gram Sabhas: PESA is revolutionary because it drastically shifts power to the Gram Sabha rather than the elected Panchayat. Under PESA, the Gram Sabha is heavily empowered to safeguard tribal traditions, control local minor forest produce, manage village markets, and prevent the illegal alienation of tribal lands.
π Constitutional Amendments β’ Urban Governance
Q.13) The 74th Constitutional Amendment Act (1992) added which Schedule to the Constitution?
Ans > Twelfth Schedule
- Legislative Pairing with Rural Reforms: Just as the 73rd Amendment revolutionized rural governance, the 74th Constitutional Amendment Act of 1992 was enacted simultaneously to completely overhaul urban local governance. It officially added a new Part IX-A to the Constitution, aptly titled “The Municipalities.”
- Content of the Twelfth Schedule: The 74th Amendment introduced the Twelfth Schedule to the Indian Constitution under Article 243W. This schedule meticulously lists exactly 18 functional items that fall under the administrative jurisdiction of urban local bodies, outlining their responsibilities clearly.
- Urban Responsibilities Defined: The 18 items listed in the Twelfth Schedule encompass critical urban governance duties. These include complex tasks such as urban town planning, regulation of land use, public health and sanitation, solid waste management, provision of fire services, and the safeguarding of interests of weaker sections of society.
π Urban Local Bodies β’ Classification
Q.14) Under the 74th Amendment Act, a ‘Nagar Panchayat’ is constituted for a:
Ans > Transitional area (from rural to urban)
- Classification of Urban Local Bodies: Article 243Q of the Constitution dictates that every state must constitute three specific types of municipalities. A Municipal Corporation is formed for a larger urban area, a Municipal Council is formed for a smaller urban area, and a Nagar Panchayat is exclusively for a transitional area.
- Defining a Transitional Area: A transitional area is defined as a geographical region that is currently in the active process of transforming from a predominantly rural environment into a fully urbanized area. This transition is marked by changes in infrastructure, housing density, and a shift away from agricultural employment.
- Criteria Determined by the Governor: The Governor of the state has the constitutional authority to officially specify an area as a transitional area. This complex decision is based on specific metrics including total population, density of population, revenue generated for local administration, and the percentage of employment in non-agricultural activities.
π Local Governance β’ District Planning
Q.15) Article 243ZD mandates the constitution of which committee at the district level to consolidate the plans prepared by panchayats and municipalities?
Ans > District Planning Committee (DPC)
- The Need for Unified Planning: The Constitution recognizes that rural Panchayats and urban Municipalities within the same district do not exist in isolation. Article 243ZD legally mandates every state to constitute a District Planning Committee (DPC) to bridge the urban-rural divide and create cohesive regional strategies.
- Core Function of Consolidation: The primary function of the DPC is to actively consolidate the individual development plans prepared by all the Panchayats and Municipalities within the district. After consolidating these fragmented plans, the committee prepares a unified, comprehensive draft development plan for the district as a whole.
- Composition and Election: To ensure the DPC represents the actual elected officials, the Constitution requires that four-fifths (80%) of the committee’s members must be elected directly by the elected members of the district Panchayat and Municipalities, from amongst themselves, proportional to the rural-urban population ratio.
π Urban Local Bodies β’ Special Areas
Q.16) Which of the following urban local bodies is set up by a resolution of the Ministry of Defence and is centrally administered?
Ans > Cantonment Board
- Unique Jurisdiction: Unlike Municipal Corporations or Nagar Panchayats which are governed by state laws, a Cantonment Board is established exclusively for the administration of the civilian population residing strictly within officially designated cantonment areas (military stations).
- Central Government Control: A Cantonment Board functions directly under the administrative control of the Union Ministry of Defence. It is completely independent of the state government’s municipal laws. Currently, these boards are governed comprehensively by the provisions of the central Cantonments Act of 2006.
- Structure and Leadership: The structure of a Cantonment Board is highly unique, comprising a mix of elected civilian members, nominated military officials, and ex-officio members. The military officer commanding the station automatically serves as the ex-officio President of the board, ensuring defense priorities are maintained alongside civic amenities.
π Urban Local Bodies β’ Special Areas
Q.17) Port Trusts are created in port areas for managing and protecting the ports. They are created by:
Ans > An Act of Parliament
- Strategic National Importance: Port Trusts are highly specialized urban local bodies established exclusively in the port areas of major coastal cities like Mumbai, Kolkata, Chennai, and Visakhapatnam. Because major ports deal with international shipping and national economy, they require strict central oversight rather than state-level municipal control.
- Legislative Authority: Due to their national importance, Port Trusts cannot be created by state legislatures. They are created solely by an Act of Parliament, primarily under the Major Port Trusts Act of 1963, which provides the comprehensive legal framework for their administration and financial operations.
- Dual Administrative Functions: A Port Trust is legally tasked with a dual responsibility. Firstly, it must manage, operate, and protect the massive infrastructure of the port itself. Secondly, it functions as a civic body, providing basic civic amenitiesβsuch as water, sanitation, and housingβto the workers and civilians living within the port premises.
π Union Territories β’ Administration
Q.18) Part VIII of the Constitution deals with the Union Territories. Every Union Territory is administered by the President acting through an:
Ans > Administrator appointed by him
- Direct Central Control: Article 239 of the Constitution dictates that every Union Territory (UT) is administered directly by the President of India. Unlike states, which share federal power, UTs are strictly under the unitary control of the Central Government, occupying a unique position in India’s administrative setup.
- The Role of the Administrator: The President administers a UT through an “administrator” appointed by him. It is crucial to understand that an administrator of a UT is an agent of the President and not a constitutional head like the Governor of a state. They execute the President’s directives.
- Varying Designations: The official designation of this administrator varies across different UTs based on historical and administrative contexts. They are known as Lieutenant Governors in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh, while they are simply called Administrators in Chandigarh, Lakshadweep, and Dadra and Nagar Haveli and Daman and Diu.
π Union Territories β’ Judiciary
Q.19) Which Union Territory is the only one to have its own independent High Court?
Ans > Delhi
- Exclusive Judicial Authority: Since its establishment in the year 1966, Delhi remains the only Union Territory in India to possess its very own completely independent High Court. This reflects Delhi’s massive population, complex legal landscape, and its unique status as the National Capital.
- Status of Other Union Territories: All other Union Territories fall strictly under the jurisdiction of the High Courts of various neighboring states. For example, the Andaman and Nicobar Islands fall under the Calcutta High Court, Lakshadweep under the Kerala High Court, and Puducherry under the Madras High Court.
- The Jammu & Kashmir Nuance: While the Union Territory of Jammu & Kashmir does have a High Court, it is technically a shared High Court (The High Court of Jammu & Kashmir and Ladakh). Therefore, in terms of purely independent and exclusive judicial bodies for a single UT, Delhi stands alone.
π Union Territories β’ Constitutional Amendments
Q.20) The 69th Constitutional Amendment Act (1991) designated the Union Territory of Delhi as the:
Ans > National Capital Territory of Delhi
- A Landmark Constitutional Shift: Enacted in 1991 and brought into effect in 1992, the 69th Constitutional Amendment Act radically altered the administrative structure of Delhi. It inserted special provisions into the Constitution, officially redesignating the Union Territory of Delhi as the National Capital Territory (NCT) of Delhi.
- Creation of a Legislative Assembly: This amendment added Article 239AA, which provided Delhi with a 70-member legislative assembly and a council of ministers. This gave the residents of Delhi a democratic voice, allowing them to elect representatives to handle local state-level issues while maintaining central oversight.
- Restricted Legislative Powers: While the Delhi Assembly can make laws on most subjects enumerated in the State List and Concurrent List, the amendment explicitly excluded three critical subjects. Public order, police, and land remain strictly under the direct legislative and executive control of the Central Government.
π Union Territories β’ Executive Administration
Q.21) The Chief Minister of the National Capital Territory of Delhi is appointed by the:
Ans > President of India
- A Unique Appointment Process: In a standard Indian state, the Chief Minister is constitutionally appointed by the Governor. However, due to the special status of the National Capital Territory under Article 239AA, the Chief Minister of Delhi is exclusively appointed directly by the President of India.
- Appointment of Other Ministers: Furthermore, the other ministers in the Delhi cabinet are also appointed by the President, acting upon the explicit advice of the Chief Minister. This underscores the overriding authority the Union Government maintains over the executive branch of the capital city.
- Tenure and Responsibility: The ministers of Delhi hold office strictly during the pleasure of the President, not the Lieutenant Governor. Additionally, the Council of Ministers is collectively responsible to the Legislative Assembly of Delhi, ensuring that democratic accountability to the public is maintained alongside presidential oversight.
π Scheduled Areas β’ Fifth Schedule
Q.22) Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’. The Fifth Schedule applies to:
Ans > Scheduled areas and scheduled tribes in any state EXCEPT Assam, Meghalaya, Tripura, and Mizoram
- Protecting Vulnerable Populations: The Fifth Schedule of the Indian Constitution is specifically designed to provide targeted administrative protection to Scheduled Tribes. These tribal populations are often socially and economically backward, requiring a specialized administrative framework to protect them from exploitation and preserve their distinct cultures.
- Geographical Application: The provisions of the Fifth Schedule currently apply to designated ‘Scheduled Areas’ located in ten different states across India (including Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, and Madhya Pradesh). It creates a buffer between traditional tribal customs and standard state administrative machinery.
- The Four Excluded States: The Fifth Schedule explicitly excludes the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. Because the tribal populations in these four specific states have not assimilated into the broader state culture, they are governed by the much more autonomous provisions of the Sixth Schedule.
π Scheduled Areas β’ Presidential Powers
Q.23) Under the Fifth Schedule, who is empowered to declare an area to be a scheduled area?
Ans > The President of India
- Ultimate Executive Authority: According to the provisions of the Fifth Schedule, the President of India holds the exclusive executive power to officially declare any given territory as a ‘Scheduled Area’. This ensures that the protection of vulnerable tribal zones is handled at the highest national level.
- Powers of Alteration: The President’s power is not just limited to the initial declaration. The President can alter boundaries, increase the area, decrease the area, or even completely revoke the ‘Scheduled Area’ designation of a territory if the administrative or demographic situation warrants such a change.
- Consultation with the Governor: While the President holds the ultimate authority, the Constitution mandates that any alteration or revocation of the boundaries of a Scheduled Area can only be done after formal consultation with the Governor of the respective state where the area is located.
π Scheduled Areas β’ Tribes Advisory Council
Q.24) Each state having scheduled areas has to establish a Tribes Advisory Council to advise on the welfare of the scheduled tribes. It consists of how many members?
Ans > 20
- Mandatory Advisory Body: The Fifth Schedule makes it constitutionally mandatory for every state that possesses Scheduled Areas to establish a Tribes Advisory Council (TAC). This body acts as a crucial bridge between the tribal communities and the state government machinery, ensuring tribal voices are heard.
- Composition and Representation: The Tribes Advisory Council consists of a maximum of exactly 20 members. To guarantee that the council genuinely represents tribal interests, the Constitution requires that three-fourths (which equates to 15 members) must be actual representatives of the Scheduled Tribes in the State Legislative Assembly.
- Core Function: The primary duty of the TAC is to advise the state Governor on diverse matters pertaining strictly to the welfare and the socio-economic advancement of the Scheduled Tribes within the state, advising on issues like land alienation, money lending regulations, and resource distribution.
π Tribal Areas β’ Sixth Schedule
Q.25) The Sixth Schedule contains provisions regarding the administration of tribal areas in which states?
Ans > Assam, Meghalaya, Tripura, Mizoram
- The AMTM States: The Sixth Schedule of the Constitution (Article 244(2) and 275(1)) deals exclusively with the administration of tribal areas in only four specific northeastern states: Assam, Meghalaya, Tripura, and Mizoram. An easy mnemonic to remember these states is “AMTM”.
- Rationale for the Sixth Schedule: Unlike the tribes in central India covered by the Fifth Schedule, the tribes in these four northeastern states had virtually no cultural assimilation with the mainstream population prior to independence. They maintained deep-rooted, highly distinct social customs and governance structures.
- The Bordoloi Committee Legacy: The framework for the Sixth Schedule was heavily influenced by the recommendations of the Gopinath Bordoloi Committee during the Constituent Assembly debates. The goal was to provide these specific regions with a significantly higher degree of legislative and judicial autonomy to preserve their unique identities.
π Tribal Areas β’ Autonomous Districts
Q.26) Under the Sixth Schedule, the tribal areas have been constituted as autonomous districts. Who is empowered to organise and re-organise these autonomous districts?
Ans > The Governor of the State
- Creation of Autonomous Districts: The Sixth Schedule mandates that the tribal areas in the four specified states be organized into administrative units known as ‘Autonomous Districts’. Despite their high level of autonomy, these districts do not fall outside the executive authority of the state concerned.
- The Governor’s Far-Reaching Powers: The Governor of the respective state is constitutionally empowered with massive authority to organize and re-organize these districts. The Governor can alter their names, define their precise boundaries, increase or decrease their geographical area, or unite two or more autonomous districts into one.
- Division into Autonomous Regions: Furthermore, if an autonomous district is inhabited by several different distinct Scheduled Tribes who do not wish to be grouped together, the Governor has the power to subdivide that single district into multiple ‘Autonomous Regions’ to ensure micro-level cultural self-governance.
π Tribal Areas β’ District Councils
Q.27) Each autonomous district under the Sixth Schedule has a district council consisting of how many members?
Ans > 30
- The Miniature Legislature: To govern the autonomous districts, the Sixth Schedule establishes a ‘District Council’ for each district. These councils act effectively as miniature legislatures at the grassroots level, holding substantial legislative, executive, and judicial powers over the tribal population in their jurisdiction.
- Standard Composition: According to the standard constitutional provisions of the Sixth Schedule, a standard District Council consists of a maximum of exactly 30 members. This compact size is designed to ensure swift decision-making while adequately representing the various clans and groups within the district.
- The Bodoland Exception: While 30 members is the standard and correct answer for almost all councils, it is an interesting factual caveat that the Bodoland Territorial Council in Assam is an exception. By a subsequent parliamentary amendment, its size was drastically expanded to accommodate 46 members.
π Tribal Areas β’ Nominated Members
Q.28) Out of the total members in the district council of an autonomous district, how many are nominated by the Governor?
Ans > 4
- Democratic vs. Nominated Mix: To balance fierce democratic representation with necessary state oversight, the 30-member District Council has a split composition. Out of the total 30 members, exactly 26 members are directly elected by the tribal population on the basis of universal adult franchise.
- The Governor’s Nominations: The remaining exactly 4 members are nominated directly by the Governor of the state. This nomination process is heavily utilized to ensure that minority tribes, unrepresented groups, or specific administrative experts have a distinct voice within the highly powerful council chambers.
- Difference in Terms of Office: There is a major difference in the tenure of the two types of members. While the 26 elected members are guaranteed a fixed term, the 4 nominated members do not have a fixed tenure. They hold their office strictly during the pleasure of the Governor.
π Tribal Areas β’ Council Term
Q.29) What is the term of the elected members of the district council under the Sixth Schedule?
Ans > 5 years
- Standard Democratic Tenure: The 26 elected members of a District Council under the Sixth Schedule are granted a standard term of exactly 5 years. This five-year cycle perfectly mirrors the standard democratic tenures of the Lok Sabha and the State Legislative Assemblies across India.
- Conditions for Early Dissolution: Although the term is five years, it is not absolute. The Governor holds the constitutional authority to dissolve the District Council earlier than five years if massive administrative failures occur, thereby suspending its operations and triggering early elections.
- Extension During Emergencies: Conversely, in extreme circumstances such as a declared state of emergency, the Governor has the power to legally extend the term of the elected members for a period not exceeding one year at a time, ensuring continuity of administration during crises.
π Tribal Areas β’ Legislative Autonomy
Q.30) Do the Acts of Parliament or the state legislature automatically apply to autonomous districts and autonomous regions under the Sixth Schedule?
Ans > No, they do not apply unless specified by the Governor (or President in some cases) with or without modifications
- The Shield of Autonomy: The most powerful feature of the Sixth Schedule is that acts passed by the Parliament or the State Legislature do not automatically apply to these autonomous districts. This legal shield ensures that mainstream laws do not accidentally crush delicate tribal customs and land rights.
- The Role of the Governor: For laws passed by the State Legislature, the Governor decides if they apply. The Governor can issue a public notification stating that a specific state law will not apply to an autonomous district, or that it will apply only with specific exceptions and modifications.
- The Role of the President: For central laws passed by Parliament, the authority is split. In the case of Assam, the Governor directs the application of parliamentary laws. However, for the states of Meghalaya, Tripura, and Mizoram, it is the President of India who holds the power to restrict or modify parliamentary acts.
π Quick Summary β Polity Set 111
- 1957 Committee: Balwant Rai Mehta recommended democratic decentralisation (3-tier system).
- First State: Rajasthan (Nagaur, 1959) pioneered the Panchayati Raj system.
- 1977 Committee: Janata Party Govt appointed the Ashok Mehta Committee.
- Ashok Mehta Model: Recommended a streamlined 2-tier Panchayati Raj system.
- Constitutional Status: L.M. Singhvi Committee (1986) pushed for constitutional recognition of local bodies.
- 73rd Amendment: Formally inserted Part IX (The Panchayats) into the Constitution.
- Panchayati Raj Day: 73rd Amendment Act came into force on April 24, 1993.
- Gram Sabha: Comprises all registered voters within the area of the village Panchayat.
- Minimum Age: 21 years is the required age to contest Panchayat elections.
- State Election Commission: Vested with the superintending of local body elections.
- SEC Appointment: The State Election Commissioner is appointed by the State Governor.
- PESA Act: Enacted in 1996 to extend Part IX provisions to Scheduled Areas.
- 74th Amendment: Added the Twelfth Schedule detailing Urban Local Bodies.
- Nagar Panchayat: Constituted specifically for transitional areas (rural to urban).
- DPC: District Planning Committee consolidates both rural and urban district plans.
- Cantonment Board: Centrally administered by the Union Ministry of Defence.
- Port Trusts: Created by an Act of Parliament for major coastal port cities.
- Union Territories: Administered by the President acting through an appointed Administrator.
- UT High Court: Delhi remains the only Union Territory with its own independent High Court.
- 69th Amendment: Designated Delhi as the National Capital Territory (NCT).
- Delhi CM: The Chief Minister of Delhi is appointed directly by the President of India.
- Fifth Schedule: Applies to Scheduled Areas in any state EXCEPT Assam, Meghalaya, Tripura, Mizoram.
- Declaring Scheduled Areas: The President of India holds the executive power to declare these areas.
- Tribes Advisory Council: Mandated to consist of up to 20 members for tribal welfare.
- Sixth Schedule: Governs tribal areas strictly in Assam, Meghalaya, Tripura, and Mizoram (AMTM).
- Autonomous Districts: Organised, altered, and re-organised by the State Governor.
- District Council Size: A standard autonomous district council consists of 30 members.
- Nominated Members: Out of 30 members, exactly 4 are nominated by the Governor.
- Council Term: Elected members serve a standard term of 5 years.
- Parliament Acts in 6th Sch: Do not apply automatically unless explicitly specified by the Governor/President.
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