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📜 Constitutional Research Platform · Vol. IX, 5–7 September 1949

Constituent Assembly Debates
Sixth Schedule Archive

A complete constitutional research platform for the Sixth Schedule — debates verbatim, current constitutional text, paragraph-by-paragraph evolution, speaker profiles, amendment tracker, and multi-pathway research tools. The foundational record of tribal self-governance in India's Constitution.

Constitutional Research Platform

The Making of the Sixth Schedule

Over three days in September 1949, the Constituent Assembly debated and finalised the constitutional framework for tribal self-governance in the hill areas of Assam. The result — the Sixth Schedule — remains one of the most sophisticated instruments of asymmetric federalism in the Indian Constitution. It now applies to tribal areas in Assam, Meghalaya, Tripura and Mizoram.

We want that the Scheduled tribes in the whole country should be protected from the destructive compact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life; at the same time we want them to take a larger part in the life of the country. They should not be isolated communities or little republics to be perpetuated for ever.

— Shri K.M. Munshi, Bombay · 5 September 1949

The Sixth Schedule emerged from the work of the Bordoloi Sub-Committee on North-East Frontier (Assam) Tribal and Excluded Areas, chaired by Gopinath Bardoloi, Premier of Assam. Its key architects included Rev. J.J.M. Nichols Roy, representing the Khasi Hills, and Dr. B.R. Ambedkar as the primary drafter and floor manager of the Schedule in the Assembly. The debates began on 5 September 1949 and ran through 7 September, covering all 19 paragraphs of the original Schedule in sequence, with Dr. Rajendra Prasad presiding as President of the Assembly.

Purpose of the Sixth Schedule
Constitutional Accommodation
The Schedule provides a formal constitutional status to autonomous governance structures for tribal communities in the hill areas of Assam (now also Meghalaya, Tripura and Mizoram), with District Councils and Regional Councils having elected legislatures, judicial powers, and administrative authority.
Break from the Colonial Model
The Schedule deliberately abandoned the Government of India Act 1935's "excluded/partially excluded areas" framework — where the Governor acted in personal discretion with no elected tribal oversight — replacing it with an elected autonomous district structure.
Protection Without Isolation
The central constitutional goal — expressed by Ambedkar, Munshi, and Bardoloi — was to protect tribal communities from economic exploitation and cultural destruction while integrating them into the Indian constitutional order, rather than permanently separating them.
A Living Framework
Parliament may amend the Schedule under Para 21 without treating the amendment as a constitutional amendment for Article 368 purposes, making the Schedule deliberately flexible. It has been substantially amended multiple times: 1969, 1971, 1984, 1986, 1988, 1995, 2003.
Constitutional Timeline
Pre-1935
Colonial Administration of Hill Tracts
Hill districts in Assam administered under varying colonial arrangements — the Scheduled Districts Act 1874, regulations, and executive orders. Local customary governance continued with minimal formal recognition.
1935
Government of India Act — Excluded Areas
The GoI Act 1935 formally classified hill areas as "excluded" (Naga Hills, Lushai Hills — Governor acts in personal discretion; Assam Legislature has no authority) or "partially excluded" (Khasi Hills, Garo Hills, Mikir Hills — Governor uses individual judgment). No elected tribal bodies.
1947–1948
Bordoloi Sub-Committee Report
Gopinath Bardoloi chairs the Sub-Committee on North-East Frontier (Assam) Tribal and Excluded Areas. Rev. Nichols Roy is a key member. The Report recommends the autonomous district model — abandoning the excluded/partially excluded distinction. This forms the direct basis of the Sixth Schedule draft.
5–7 Sept 1949
Constituent Assembly Adopts the Sixth Schedule
Three days of debate in Constitution Hall, New Delhi. Dr. B.R. Ambedkar moves 18+ amendments. 30+ amendments moved in total. 19 paragraphs adopted. The excluded/partially excluded distinction formally abolished.
26 January 1950
Constitution of India Commences
The Sixth Schedule enters force. Articles 244(2) and 275(1) provide the Schedule's constitutional basis. Autonomous District Councils begin to be constituted under Para 19's transitional provisions.
1969–1972
North-East Reorganisation
Meghalaya created as a state (1972). The Assam Reorganisation (Meghalaya) Act 1969 and the North-Eastern Areas (Reorganisation) Act 1971 substantially amend the Schedule. Para 12A (Meghalaya) added. Frontier areas (Part II) removed from Schedule after Nagaland statehood (1963).
1984
Tripura Added — 49th Amendment
The Constitution (Forty-ninth Amendment) Act 1984 extends the Sixth Schedule to tribal areas of Tripura (Part IIA of the Table). Para 12AA added for Tripura.
1986–1988
Mizoram Statehood & Schedule Amendment
State of Mizoram Act 1986 gives Mizoram full statehood. The Sixth Schedule to the Constitution (Amendment) Act 1988 makes extensive amendments for Tripura and Mizoram, adds Para 12B and Para 20BB.
1995
North Cachar Hills & Karbi Anglong
The Sixth Schedule to the Constitution (Amendment) Act 1995 creates the North Cachar Hills Autonomous Council and Karbi Anglong Autonomous Council as specially named entities. Para 3A and Para 20BA inserted (Assam only).
2003
Bodoland Territorial Council
The Sixth Schedule to the Constitution (Amendment) Act 2003 creates the Bodoland Territorial Council for Assam's Bodoland Territorial Areas District. Para 3B added; extensive amendments throughout the Schedule for Assam.
2005
Pu Myllai Hlychho — Supreme Court
The Supreme Court's five-judge Constitution Bench decision in Pu Myllai Hlychho v State of Mizoram (2005) 2 SCC 92 settles the Governor's role under the Schedule: Governor acts on Cabinet advice except for functions enumerated in Para 20BB. Directly vindicates Ambedkar's 1949 position.
Three Days, Three Sessions
5 September 1949 — Monday
Constitution Hall, New Delhi · Dr. Rajendra Prasad presiding · Vol. IX, pp. 1003–1008

Ambedkar moved Amendments 98 and 99 (Para 1). General debate on tribal policy framework: Brajeshwar Prasad's centralisation proposal, Chaliha's objections, Ambedkar's comprehensive reply. Discussion of the Red Indian reservation model vs. the autonomous district model. K.M. Munshi's philosophical defence. Thakkar Bapa's first-person account of the hill districts.

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6 September 1949 — Tuesday
Constitution Hall, New Delhi · Vol. IX, pp. 1009–1060

Paragraphs 2–14 considered. Council composition (Para 2: members reduced from 40 to 24), legislative powers (Para 3), appellate jurisdiction (Para 4: High Court access opened), minerals and money-lending safeguards (Paras 9–10). Contentious exchanges on Para 13 (financial provisions) and Para 14 (Commission composition). The Chaliha–Ambedkar "domestic quarrel" exchange. The David Copperfield quip.

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7 September 1949 — Wednesday
Constitution Hall, New Delhi · Vol. IX, pp. 1061–1099

Paragraphs 15–19 considered. Governor's discretion (Para 15: sub-para (3) deleted), dissolution (Para 16: Chaliha–Bardoloi compromise), frontier areas (Para 17: sub-para (3) added), transitional provisions (Para 18). The Shillong municipality question, Dimapur mouza debate, and final Table of Tribal Areas (Para 19). Kunzru's structural objection negatived. Bardoloi's closing defence.

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Archive at a Glance
3
Days of Debate
19
Original Paragraphs
21
Current Paragraphs
35+
Amendments Moved
12
Key Speakers
7
Post-1950 Amendments
4
States Covered
Key Constitutional Outcomes
Autonomous District Model Adopted
The Assembly rejected both the colonial "excluded areas" model and Brajeshwar Prasad's centralisation proposal. Elected District and Regional Councils became the governing form with inherent (not delegated) legislative power.
Governor Acts on Cabinet Advice
Ambedkar clarified throughout that "Governor" in the Schedule means the Governor acting on Cabinet advice — not in personal discretion — except in specified frontier areas (Para 17). This position was confirmed by the Supreme Court in 2005.
High Court Jurisdiction Established
Para 4 was amended to give the High Court of Assam appellate jurisdiction over tribal court decisions — reversing the original finality of District Council court decisions. Opening the appeal path to the High Court was one of the most significant substantive changes.
Minerals Under Central List
Para 9(1) was deleted, removing mineral extraction from the Schedule as that subject had been placed under the Union List during final drafting. The royalties share provision of Para 9(2) was retained.
Commission Safeguard Retained
Despite Chaliha's objection, the requirement for a Commission report before creating, enlarging, or merging autonomous districts (Para 1 proviso) was preserved. This ensures expert review before political boundary changes.
Para 16-A Added
A new paragraph was inserted providing for exclusion of areas within autonomous districts from the tribal constituency — protecting non-tribal residents' electoral rights. This was the constitutional solution to the Shillong and Dimapur problems.
Important Quotations

The first thing that we have done is this: That we have provided that the executive authority of the Government of Assam shall extend not merely to non-tribal areas in Assam but also to the tribal areas. This, as will be seen, is a great improvement over the provisions contained in the Government of India Act, 1935.

— Dr. B.R. Ambedkar · Para 2 general debate · 5–6 September 1949

A Governor means of course the Cabinet. I do not want a Commission. The Governor would have the power in consultation with his Cabinet to discuss these things and if it is left to a Commission there will be obvious delay.

— Shri Kuladhar Chaliha · Para 1 debate, opposing Commission requirement · 5 September 1949

I am opposed to handing over the administration of the tribal areas into the hands of the provincial government, because Assam is on the border of five or six foreign States.

— Shri Brajeshwar Prasad · Para 1 debate, proposing Presidential control · 5 September 1949

It is very necessary for us to understand the real position of the town of Shillong. It is there that more than half of its area is occupied not by non-tribal people but by tribal people. The bulk of the land belongs to Khasis.

— Shri Gopinath Bardoloi · Para 19, Shillong municipality question · 7 September 1949

Now, Sir, it is a prosperous state where you find Assamese, Bengalees, Sindhis, Punjabees, Sikhs, Marwaris doing business after having invested crores of rupees; but do you know their fate? They can be ejected in 24 hours bag and baggage.

— Shri Kuladhar Chaliha · Dimapur mouza debate · 7 September 1949

The arrangement made in the Sixth Schedule makes a departure from the old arrangement and practically does away with the distinction between fully excluded and partially excluded areas.

— Shri Gopinath Bardoloi · Opposing Kunzru's Part IA amendment · 7 September 1949
Complete Verbatim Text · Articles 244(2) and 275(1)

Current Sixth Schedule — Paragraphs 1 to 21

The complete text of the Sixth Schedule as it currently stands — every paragraph, verbatim, with amendment footnotes and cross-references to debates. Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

SIXTH SCHEDULE
[Articles 244(2) and 275(1)]

Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram
Para 1Autonomous districts and autonomous regions▼
1. Autonomous districts and autonomous regions.—(1) Subject to the provisions of this paragraph, the tribal areas in each item of [Parts I, II and IIA] and in Part III of the table appended to paragraph 20 of this Schedule shall be an autonomous district. (2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions. (3) The Governor may, by public notification,— (a) include any area in any of the Parts of the said table; (b) exclude any area from any of the Parts of the said table; (c) create a new autonomous district; (d) increase the area of any autonomous district; (e) diminish the area of any autonomous district; (f) unite two or more autonomous districts or parts thereof so as to form one autonomous district; (ff) alter the name of any autonomous district; (g) define the boundaries of any autonomous district: Provided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule: Provided further that any order made by the Governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said Table) as appear to the Governor to be necessary for giving effect to the provisions of the order.
Subs. "any of the Parts" for "Part A" by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) (w.e.f. 21-1-1972). "Parts I, II and IIA" subs. for "Part I and II" by the Constitution (Forty-ninth Amendment) Act, 1984 (w.e.f. 1-4-1985).
Clause (ff) ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).
Assam (2003): Proviso inserted after sub-para (2): "Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District" (w.e.f. 7-9-2003).
→ Debate Para 1→ Amendments 98, 99→ Para Archive
Para 2Constitution of District Councils and Regional Councils▼
2. Constitution of District Councils and Regional Councils.—(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage. (2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. (3) Each District Council and each Regional Council shall be a body corporate by the name respectively of "the District Council of (name of district)" and "the Regional Council of (name of region)", shall have perpetual succession and a common seal and shall by the said name sue and be sued. (4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region. (5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas. (6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for— (a) the composition of the District Councils and Regional Councils and the allocation of seats therein; (b) the delimitation of territorial constituencies for the purpose of elections to those Councils; (c) the qualifications for voting at such elections and the preparation of electoral rolls therefor; (d) the qualifications for being elected at such elections as members of such Councils; (e) the term of office of members of Regional Councils; (f) any other matter relating to or connected with elections or nominations to such Councils; (g) the procedure and the conduct of business (including the power to act notwithstanding any vacancy) in the District and Regional Councils; (h) the appointment of officers and staff of the District and Regional Councils. (6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate: Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces. (7) The District or the Regional Council may after its first constitution make rules with the approval of the Governor with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make rules with like approval regulating— (a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and (b) generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be.
Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 — sub-para (1) increased to "not more than thirty." Sub-para (6A) inserted (w.e.f. 2-4-1970).
Assam (2003 — Bodoland): BTC = not more than 46 members; 40 elected (30 for STs, 5 non-tribal, 5 open), 6 nominated by Governor, of which at least two women.
Assam (1995): NC Hills District Council = North Cachar Hills Autonomous Council; Karbi Anglong District Council = Karbi Anglong Autonomous Council.
Para 3Powers of the District Councils and Regional Councils to make laws▼
3. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to— (a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town: Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes by the Government of the State concerned in accordance with the law for the time being in force authorising such acquisition; (b) the management of any forest not being a reserved forest; (c) the use of any canal or water-course for the purpose of agriculture; (d) the regulation of the practice of jhum or other forms of shifting cultivation; (e) the establishment of village or town committees or councils and their powers; (f) any other matter relating to village or town administration, including village or town police and public health and sanitation; (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property; (i) marriage and divorce; (j) social customs. (2) In this paragraph, a "reserved forest" means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question. (3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.
Sub-para (3) added by Ambedkar's Amendment No. 114 (6 September 1949). Clause (i) "marriage and divorce" subs. by the Assam Reorganisation (Meghalaya) Act, 1969.
Assam (2003): Sub-para (3) substituted to cross-reference Paras 3A and 3B for NC Hills, Karbi Anglong and BTC laws.
→ Debate Para 3→ Amendments 113 (neg.), 114 (adopted)
Para 3AAdditional powers of NC Hills & Karbi Anglong Autonomous Councils to make laws (Assam, 1995)▼
3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council within their respective districts, shall have power to make laws with respect to— (a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule; (b) communications, that is to say, roads, bridges, ferries and other means of communication not specified in List I of the Seventh Schedule; municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of List I and List III of the Seventh Schedule with regard to such waterways; vehicles other than mechanically propelled vehicles; (c) preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice; cattle pounds; (d) primary and secondary education; (e) agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; (f) fisheries; (g) water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I of the Seventh Schedule; (h) social security and social insurance; employment and unemployment; (i) flood control schemes for protection of villages, paddy fields, markets, towns, etc. (not of technical nature); (j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of List I of the Seventh Schedule; sports, entertainments and amusements; (k) public health and sanitation, hospitals and dispensaries; (l) minor irrigation; (m) trade and commerce in, and the production supply and distribution of, food stuffs, cattle fodder, raw cotton and raw jute; (n) libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under any law made by Parliament to be of national importance; and (o) alienation of land. (2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President. (3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said law or that he withholds assent therefrom: Provided that the President may direct the Governor to return the law to the Council, together with a message requesting reconsideration, and when so returned the Council shall consider the law accordingly within six months, and if again passed it shall be presented again to the President for his consideration.
Ins. in its application to Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995) (w.e.f. 12-9-1995).
Para 3BAdditional powers of the Bodoland Territorial Council to make laws (Assam, 2003)▼
3B. Additional powers of the Bodoland Territorial Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to forty subjects, namely: (i) agriculture; (ii) animal husbandry and veterinary; (iii) co-operation; (iv) cultural affairs; (v) education (primary, higher secondary including vocational training, adult education, college education general); (vi) fisheries; (vii) flood control for protection of village, paddy fields, markets and towns (not of technical nature); (viii) food and civil supply; (ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and family welfare; (xii) intoxicating liquors, opium and derivatives, subject to entry 84 of List I; (xiii) irrigation; (xiv) labour and employment; (xv) land and revenue; (xvi) library services; (xvii) lotteries, theatres, dramatic performances and cinemas; (xviii) markets and fairs; (xix) municipal corporation, improvement trust, district boards and other local authorities; (xx) museum and archaeology institutions; (xxi) panchayat and rural development; (xxii) planning and development; (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public works department; (xxvi) publicity and public relations; (xxvii) registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry; (xxxi) social welfare; (xxxii) soil conservation; (xxxiii) sports and youth welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport; (xxxvii) tribal research institute; (xxxviii) urban development—town and country planning; (xxxix) weights and measures; and (xl) welfare of plain tribes and backward classes: Provided that nothing in such laws shall— (a) extinguish or modify the existing rights and privileges of any citizen in respect of his land at the date of commencement of this Act; and (b) disallow any citizen from acquiring land either by way of inheritance, allotment, settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition of land within the Bodoland Territorial Areas District. (2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President. (3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said law or that he withholds assent therefrom: Provided that the President may direct the Governor to return the law for reconsideration as set out above.
Ins. in its application to Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003) (w.e.f. 7-9-2003). Follows the Memorandum of Settlement signed 10 February 2003 between Government of India, Government of Assam and Bodo Liberation Tigers.
Para 4Administration of justice in autonomous districts and autonomous regions▼
4. Administration of justice in autonomous districts and autonomous regions.—(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule. (2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases. (3) The High Court shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order specify. (4) A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating— (a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph; (b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph; (c) the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph; (d) the enforcement of decisions and orders of such councils and courts; (e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph.
Most significant 1949 change: Amendment 119 reversed original finality of District Council decisions — opened appeal to High Court. Words "of Assam" omitted by the 1971 Reorganisation Act.
Assam (2003): Sub-para (6) inserted: "Nothing in this paragraph shall apply to the Bodoland Territorial Council."
→ Debate Para 4→ Amendments 115, 119
Para 5Conferment of powers under CPC 1908 and CrPC 1898▼
5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.—(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 1898, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred. (2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph. (3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply.
See the Code of Criminal Procedure, 1973 (2 of 1974). Sub-para (4) added (1969) regarding the date appointed by the President under sub-para (5) of Para 4.
Para 6Powers of the District Council to establish primary schools, etc.▼
6. Powers of the District Council to establish primary schools, etc.—(1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district. (2) The Governor may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State extends.
"cattle pounds" subs. for "cattle ponds" by the Repealing and Amending Act, 1974 (w.e.f. 20-12-1974).
Para 7District and Regional Funds▼
7. District and Regional Funds.—(1) There shall be constituted for each autonomous district, a District Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this Constitution. (2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. (3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe. (4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.
Sub-paras (2)–(4) subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (w.e.f. 2-4-1970).
Para 8Powers to assess and collect land revenue and to impose taxes▼
8. Powers to assess and collect land revenue and to impose taxes.—(1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed by the Government of the State in assessing lands for the purpose of land revenue in the State generally. (2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas. (3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say— (a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles and boats; (c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; (d) taxes for the maintenance of schools, dispensaries or roads; and (e) taxes on entertainment and amusements. (4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.
Clause (e) and "and" ins. by the Constitution (One Hundred and First Amendment) Act, 2016 (w.e.f. 16-9-2016).
Para 9Licences or leases for the purpose of prospecting for, or extraction of, minerals▼
9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the Government of the State in respect of any area within an autonomous district as may be agreed upon between the Government of the State and the District Council of such district shall be made over to that District Council. (2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final.
Original sub-para (1) (1949): Deleted during debate by Ambedkar — mineral extraction placed under the Union List. The royalties-sharing provision was retained.
Tripura/Mizoram (1988): Sub-para (3) added — Governor may direct royalties be made over within one year of agreement or determination.
Para 10Power of District Council to make regulations for the control of money-lending and trading by non-tribals▼
10. Power of District Council to make regulations for the control of money-lending and trading by non-tribals.—(1) The District Council of an autonomous district may make regulations for the regulation and control of money-lending or trading within the district by persons other than Scheduled Tribes resident in the district. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may— (a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending; (b) prescribe the maximum rate of interest which may be charged or be recovered by a money-lender; (c) provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in that behalf by the District Council; (d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council: Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council: Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations. (3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.
Amendment 124 inserted "In particular and without prejudice to the generality of the foregoing power." Amendment 125 added sub-para (3) (Governor's assent).
Tripura/Mizoram (1988): Heading "by non-tribals" omitted; "other than Scheduled Tribes" omitted from sub-para (1); clause (d) substituted with "no person resident in the district shall carry on any trade... except under a licence."
→ Debate Para 10→ David Copperfield Quip
Para 11Publication of laws, rules and regulations made under the Schedule▼
11. Publication of laws, rules and regulations made under the Schedule.—All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law.
Para 12Application of Acts of Parliament and of the Legislature of the State of Assam▼
12. Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam.—(1) Notwithstanding anything in this Constitution,— (a) no Act of the Legislature of the State of Assam in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State of Assam to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification. (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.
Heading subs. by the 1971 Reorganisation Act. Amended 1995 and 2003 to cross-reference Paras 3A and 3B.
Para 12AApplication of Acts to autonomous districts in the State of Meghalaya▼
12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.—Notwithstanding anything in this Constitution,— (a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of any regulation made by a District Council or a Regional Council in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law or regulation made by the District Council or, as the case may be, the Regional Council whether made before or after the law made by the Legislature of the State of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya shall prevail; (b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply subject to such exceptions or modifications as he may specify, and any such direction may be given so as to have retrospective effect.
Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (w.e.f. 21-1-1972). Note: Meghalaya's repugnancy rule (State law prevails) differs from Assam's framework.
Para 12AAApplication of Acts to autonomous districts in the State of Tripura▼
12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous districts and autonomous regions in the State of Tripura.—Notwithstanding anything in this Constitution,— (a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to the autonomous district or an autonomous region in that State unless the District Council by public notification so directs; (b) the Governor may, by public notification, direct that any Act of the Legislature of Tripura to which clause (a) does not apply shall not apply, or shall apply subject to exceptions or modifications; (c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to the autonomous district or region in Tripura, or shall apply subject to exceptions or modifications, with retrospective effect if so directed.
Ins. by the Constitution (Forty-ninth Amendment) Act, 1984 and subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (w.e.f. 16-12-1988).
Para 12BApplication of Acts to autonomous districts in the State of Mizoram▼
12B. Application of Acts of Parliament and of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the State of Mizoram.—Notwithstanding anything in this Constitution,— (a) no Act of the Legislature of the State of Mizoram in respect of any of the matters specified in paragraph 3 of this Schedule, and no Act prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless the District Council by public notification so directs; (b) the Governor may, by public notification, direct that any Act of the Legislature of Mizoram to which clause (a) does not apply shall not apply, or shall apply subject to exceptions or modifications; (c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or region in Mizoram, or shall apply subject to exceptions or modifications, with retrospective effect if so directed.
Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (w.e.f. 16-12-1988).
Para 13Estimated receipts and expenditure pertaining to autonomous districts▼
13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement.—The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State shall be first placed before the District Council for discussion and then after such discussion be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 202.
Amendment 130 (Chaudhuri, adopted): Inserted "be first placed before the District Council for discussion and then after such discussion." One of only two opposition amendments adopted. "of Assam" omitted 1971.
→ Amendment 130→ R.K. Chaudhuri
Para 14Appointment of Commission to inquire into and report on administration▼
14. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions.—(1) The Governor may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on— (a) the provision of educational and medical facilities and communications in such districts and regions; (b) the need for any new or special legislation in respect of such districts and regions; and (c) the administration of the laws, rules and regulations made by the District and Regional Councils; and define the procedure to be followed by such Commission. (2) The report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the Legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the Government of the State. (3) In allocating the business of the Government of the State among his Ministers the Governor may place one of his Ministers specially in charge of the welfare of the autonomous districts and autonomous regions in the State.
"of Assam" omitted 1971. Assam (1995): in sub-para (2), "with the recommendations of the Governor with respect thereto" omitted. Amendment 134 inserted Para 1(3) cross-references.
Para 15Annulment or suspension of acts and resolutions of District and Regional Councils▼
15. Annulment or suspension of acts and resolutions of District and Regional Councils.—(1) If at any time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to endanger the safety of India or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the Council and the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent the commission or continuance of such act, or the giving of effect to such resolution. (2) Any order made by the Governor under sub-paragraph (1) of this paragraph together with the reasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall, unless revoked by the Legislature of the State, continue in force for a period of twelve months from the date on which it was so made: Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate.
"or is likely to be prejudicial to public order" ins. 1969. Original sub-para (3) (explicit Governor's discretion) deleted by Ambedkar in 1949. Tripura/Mizoram (1988): in sub-para (2), "by the Legislature of the State" → "by him"; proviso omitted.
Para 16Dissolution of a District or a Regional Council▼
16. Dissolution of a District or a Regional Council.—(1) The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and— (a) direct that a fresh general election shall be held immediately for the reconstitution of the Council; or (b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: Provided that when an order under clause (a) of this paragraph has been made, the Governor may take the action referred to in clause (b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the Council on fresh general election: Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of placing its views before the Legislature of the State. (2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the District Council or Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify, for a period not exceeding six months: Provided that the Governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion. (3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the order, unless, before the expiry of that period it has been approved by that State Legislature.
Second proviso of sub-para (1): Reflects the Chaliha–Bardoloi compromise (7 September 1949). Renumbered and sub-paras (2)–(3) added 1969. Tripura/Mizoram (1988): legislature-approval words and second proviso omitted.
Para 17Exclusion of areas from autonomous districts in forming constituencies (the former Para 16-A)▼
17. Exclusion of areas from autonomous districts in forming constituencies in such districts.—For the purposes of elections to the Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the Governor may by order declare that any area within an autonomous district in the State of Assam or Meghalaya or Tripura or Mizoram, as the case may be, shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order.
Originally adopted as new Para 16-A (Ambedkar, 7 September 1949) — the constitutional solution to the Shillong/Dimapur problems. Renumbered Para 17. References to Meghalaya/Tripura/Mizoram added by successive reorganisation Acts. Assam (2003): proviso added — "nothing in this paragraph shall apply to the Bodoland Territorial Areas District."
Para 18[Omitted by the North-Eastern Areas (Reorganisation) Act, 1971]▼
18. * * * * * [Paragraph 18 — which dealt with the powers of the Governor in respect of the administration of frontier tribal areas (Part II of the Table) acting in his discretion as agent of the President — was omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Schedule (w.e.f. 21-1-1972), following the creation of Arunachal Pradesh/NEFA as a separate Union Territory and the removal of Part II frontier areas from the Sixth Schedule framework.]
In 1949, Ambedkar moved Amendments 146 and 147 deleting "in his discretion" from line 22 and deleting clause (c). The paragraph was wholly omitted in 1971.
Para 19Transitional provisions▼
19. Transitional provisions.—(1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this Schedule, namely:— (a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit; (b) the Governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to such area. (2) Any direction given by the Governor under clause (a) of sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. (3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.
Assam (2003): sub-para (4) inserted regarding the Interim Executive Council for the Bodoland Territorial Areas District formed from leaders of the Bodo movement, per the Memorandum of Settlement of 10 February 2003.
Para 20Tribal areas — The Table (Parts I, II, IIA, III)▼
20. Tribal areas.—(1) The areas specified in Parts I, II, IIA and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram. (2) Any reference in Part I, Part II or Part III of the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971: Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District. (3) The reference in Part IIA in the table below to the "Tripura Tribal Areas District" shall be construed as a reference to the territory comprising the tribal areas specified in the First Schedule to the Tripura Tribal Areas Autonomous District Council Act, 1979. TABLE PART I (Assam) 1. The North Cachar Hills District. 2. The Karbi Anglong District. 3. The Bodoland Territorial Areas District. PART II (Meghalaya) 1. Khasi Hills District. 2. Jaintia Hills District. 3. The Garo Hills District. PART IIA (Tripura) Tripura Tribal Areas District. PART III (Mizoram) 1. The Chakma District. 2. The Mara District. 3. The Lai District.
Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 for original Paras 20 and 20A. "Karbi Anglong District" subs. for "Mikir Hills District" (1976). Bodoland Territorial Areas District ins. 2003. Part IIA ins. 1984. Mara/Lai Districts subs. 1988.
Para 20ADissolution of the Mizo District Council▼
20A. Dissolution of the Mizo District Council.—(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist. (2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely: (a) the transfer of assets, rights and liabilities of the Mizo District Council to the Union or any other authority; (b) the substitution of the Union or any other authority as party to legal proceedings; (c) the transfer or re-employment of employees; (d) the continuance of laws made by the Mizo District Council subject to adaptations and modifications; (e) such incidental, consequential and supplementary matters as the Administrator considers necessary. Explanation.—"prescribed date" means the date on which the Legislative Assembly of the Union territory of Mizoram is duly constituted under the Government of Union Territories Act, 1963.
Subs. by the Government of Union Territories (Amendment) Act, 1971 (w.e.f. 16-2-1972).
Para 20BAutonomous regions in Mizoram to be autonomous districts; transitory provisions▼
20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto.—(1) Notwithstanding anything in this Schedule,— (a) every autonomous region existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (the corresponding new district), and the Administrator may by order make consequential amendments to paragraph 20 and Part III of the Table; (b) every Regional Council of an autonomous region existing immediately before the prescribed date (the existing Regional Council) shall, until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district. (2) Every member of an existing Regional Council shall be deemed to have been elected or nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted. (3) Until rules are made by the corresponding new District Council, the rules made by the existing Regional Council shall have effect subject to such adaptations and modifications as the Administrator may make. (4) The Administrator may, by order, provide for transfer of assets, rights and liabilities, substitution as party to legal proceedings, transfer or re-employment of employees, continuance of laws, and incidental matters.
Subs. by the Government of Union Territory (Amendment) Act, 1971 (w.e.f. 16-2-1972).
Para 20BAExercise of discretionary powers by the Governor (Assam, 1995)▼
20BA. Exercise of discretionary powers by the Governor in the discharge of his functions.—The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his discretion.
Ins. in its application to Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (w.e.f. 12-9-1995).
Para 20BBExercise of discretionary powers by the Governor (Tripura & Mizoram, 1988)▼
20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.—The Governor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers, and if he thinks it necessary, the District Council or the Regional Council concerned, take such action as he considers necessary in his discretion.
Ins. in its application to Tripura and Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (w.e.f. 16-12-1988). This is the paragraph held by the Supreme Court in Pu Myllai Hlychho (2005) to exhaustively enumerate the Governor's discretionary functions — all others follow the Article 163 Cabinet-advice model.
Para 20CInterpretation (Mizoram)▼
20C. Interpretation.—Subject to any provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect— (1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under article 239, references to State (except in "Government of the State") were references to the Union territory of Mizoram, and references to the State Legislature were references to the Legislative Assembly of the Union territory of Mizoram; (2) as if— (a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted; (b) in sub-paragraph (2) of paragraph 6, for "to which the executive power of the State extends", the words "with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws" had been substituted; (c) in paragraph 13, the words and figures "under article 202" had been omitted.
Ins. by the Government of Union Territory (Amendment) Act, 1971. (Now largely spent following Mizoram statehood in 1987.)
Para 21Amendment of the Schedule▼
21. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Constitutional Significance: Para 21(2) means Parliament can amend the Sixth Schedule by a simple majority — it is not subject to the two-thirds majority and state ratification requirements of Article 368. This makes the Schedule a deliberately flexible constitutional instrument.
Primary Source · Constituent Assembly of India

Constituent Assembly Debates — Verbatim Record

Debates arranged chronologically across three days. Speeches reproduced verbatim from Vol. IX of the Constituent Assembly Debates. Speaker names, page references and outcomes preserved as recorded.

Day 1 — Monday, 5 September 1949
Constituent Assembly of India · Constitution Hall, New Delhi · Vol. IX, pp. 1003–1008 · Dr. Rajendra Prasad presiding
Ambedkar moved Amendments 98 and 99 for Para 1 and delivered the principal exposition of the Sixth Schedule framework. The general debate addressed three models: the American "Red Indian" reservation model, the British colonial "excluded areas" model, and the autonomous district model. Brajeshwar Prasad argued for centralisation; Chaliha objected to the Commission requirement; Munshi gave the philosophical defence; Thakkar Bapa gave first-person testimony; Ambedkar gave the comprehensive reply.
Dr. B.R. AmbedkarLaw Minister · Principal Drafter · Bombay: GeneralVol. IX, p. 1003

Sir, I move: "That in paragraph 1 before the words 'The tribal areas' the words 'Subject to the provisions of this paragraph' be inserted." And also: "That for sub-paragraph (3) of paragraph 1, the following sub-paragraph be substituted:— '(3) The Governor may, by public notification,—(a) include any area in any of the Parts of the said table; (b) exclude any area from any of the Parts of the said table; (c) create a new autonomous district; (d) increase the area of any autonomous district; (e) diminish the area of any autonomous district; (f) unite two or more autonomous districts or parts thereof so as to form one autonomous district; (g) define the boundaries of any autonomous district: Provided that no order shall be made by the Governor under clauses (b), (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule.'"

I shall now explain briefly the provisions of the Sixth Schedule. The Sixth Schedule deals with the tribal areas of Assam. The Scheduled Tribes of Assam differ from the Scheduled Tribes in other parts of India in this respect that the Scheduled Tribes in Assam are largely a distinct people, with a distinct culture, a distinct language and a distinct territory. These tribal areas are at present known under the Government of India Act as "excluded areas" and "partially excluded areas." The fundamental difference is this: that the tribal people in the rest of India live in areas which are predominantly occupied by the Hindus. The tribal people of Assam live in areas which are predominantly occupied by themselves. It is for this reason that Schedule VI is framed differently from Schedule V.

Now, what are the different methods of dealing with tribal people? One method is to leave them isolated as much as possible, treating them as specimens to be preserved in the museum, so to say. This is what the American Government has done with the Red Indians. This method seems to be most objectionable because it has not produced any good results for the people for whom it was intended. The other method is to place the tribal people in reservation. The third method is to integrate tribal people with the general population and to give them the same rights and privileges as other people. But the difficulty in that case is that the tribal people then become undefended from what may be called the "predatory" process of the general population.

Now what the Sixth Schedule does is this. It does not take the first course. It does not leave the tribal people in isolation. It does not also take the second course of reservations, which has proved so disastrous to the Red Indian people. It takes the third course of integrating the tribal people with the general population, but it provides certain safeguards for the protection of the tribal people, so that the integration shall not lead to their exploitation.

Amendments 98 and 99 — Adopted
Shri Brajeshwar PrasadCentralisation Advocate · Bihar: GeneralVol. IX, p. 1005

Sir, I am opposed to handing over the administration of the tribal areas into the hands of the provincial government, because Assam is on the border of five or six foreign States. I am referring to China, Tibet, Burma and Pakistan. Sir, in Assam, the conflicts between the Ahoms, and the Assamese, the Bengalees and the Muslims and the Mongoloid races have assumed proportions of which probably we the members of the House are not fully aware. My amendment is for substituting the word "President" for the word "Governor" throughout. In the interest of national security and in the interest of the tribal people themselves, the tribal areas should come under the control of the Central Government.

The Governor acts on the advice of the Council of Ministers of the Province. The tribal areas of Assam are on the borders of Burma, Tibet, China and East Pakistan. If the tribal areas happen to be under the administration of the Provincial Government there is every possibility of external influences being brought to bear on them. There is a possibility of foreign nationals working through the medium of the various Christian Missions permeating tribal areas and working against the unity of India.

All Brajeshwar Prasad amendments — Negatived consistently across three days
Shri Kuladhar ChalihaMost Active Challenger · Assam: GeneralVol. IX, p. 1004

Sir, I object to the proviso. I am moving an amendment for deleting the proviso which states that the Governor shall not act except after consideration of the report of a Commission. A Governor means of course the Cabinet. I do not want a Commission. The Governor would have the power in consultation with his Cabinet to discuss these things and if it is left to a Commission there will be obvious delay. The Commission will take years and years. Why create a Commission to do what the Cabinet can do immediately?

If you have a Commission you will bring representatives from all these districts to the Commission and it will become such a politicised body that nothing will come out of it. I am moving to delete the proviso and let the Governor act directly.

Amendment to delete Commission proviso — Negatived
Shri K.M. MunshiPhilosophical Defender · Bombay: GeneralVol. IX, pp. 999–1001

We want that the Scheduled tribes in the whole country should be protected from the destructive compact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life; at the same time we want them to take a larger part in the life of the country. They should not be isolated communities or little republics to be perpetuated for ever.

Shri A.V. Thakkar (Thakkar Bapa)Gandhi's tribal welfare worker · SaurashtraVol. IX, pp. 989–991

I will give you only one instance. When I went with the Assam Tribal Committee to tour in the areas of Assam with the Chairman Mr. Gopinath Bardolai and the prominent Minister Rev. Nichols Roy all the members of the Committee, one and all, went for the first time to the Lushai Hills and Naga Hills in the year 1947. Even the Premier of Assam had never visited the Lushai Hills and Naga Hills, much less a man like me.

Dr. B.R. AmbedkarLaw Minister — Reply to general debate (three binding influences)Vol. IX, pp. 1006–1008

The first thing that we have done is this: That we have provided that the executive authority of the Government of Assam shall extend not merely to non-tribal areas in Assam but also to the tribal areas. This, as will be seen, is a great improvement over the provisions contained in the Government of India Act, 1935. Under that Act the executive authority of the Government of Assam did not extend to the excluded areas. Under the present provisions, the executive authority extends to these areas as well.

The second thing that we have provided is that the laws passed by the Legislature of Assam — I am not speaking of Acts of Parliament — shall also apply to the tribal areas, unless the District Councils in the exercise of their powers exclude them. The third thing is, instead of providing that the Governor shall administer these areas in his discretion as an agency, we have provided that the tribal people themselves through their own District Councils shall be the executive authority.

With regard to the amendment of my Friend Mr Brajeshwar Prasad, he says that the whole of the tribal area should be lifted from the Province of Assam and should be made a Centrally administered area. But he seems to have forgotten two things. Although we have constituted autonomous districts, we have nowhere provided that the autonomous districts shall not constitute part of the province of Assam. That being so, it is very difficult to leave part of the Province to be governed by the Governor of the province and part of the province to be administered as a Centrally administered area. The second point he has forgotten is that there are what are called certain "frontier areas", bordering on the autonomous districts. It has been provided that so far as the administration of these frontier areas is concerned, the Governor would be acting under the President. Consequently whatever strategic importance the frontier areas may have, the Centre would certainly have ample jurisdiction.

Sir, I was rather surprised at the attitude taken by my Friend, Mr Chaliha. I feel that they are not now a happy and united family. When these amendments were made, they were made with the consent of Mr Chaliha, with the consent of the Premier of Assam, and also with the consent of my Friend Mr Nichols Roy. I do not wish therefore to enter into what I regard is a purely domestic quarrel.

Day 2 — Tuesday, 6 September 1949
Constituent Assembly of India · Constitution Hall, New Delhi · Vol. IX, pp. 1009–1060
The longest of the three days. Paragraphs 2 through 14 considered. Council composition and size (Para 2), the inherent vs. delegated model for Council legislative power (Para 3), opening the High Court to tribal court appeals (Para 4), deletion of mineral provision (Para 9), the money-lending and trading safeguards (Para 10 — most contentious debate), Chaudhuri's financial provisions amendment (Para 13), and the Commission scope and composition dispute (Para 14).
Dr. B.R. AmbedkarLaw Minister · Para 2 — Amendment No. 100Vol. IX, p. 1009

Sir, I move: "That in sub-paragraph (1) of paragraph 2, for the words 'not more than forty members of whom not more than twelve' the words 'not more than twenty-four members of whom not more than four' be substituted." The amendment is for reducing the membership of the District Councils from forty to twenty-four and the nominated members from twelve to four. It seemed to the Drafting Committee that forty members was too large a number for the purposes of a District Council.

With regard to amendment No 257 whereby the honourable Member seeks to limit the number on the Council to fifteen, it seems to me quite unnecessary, because my own amendment says, not more than twenty-four. Twenty-four is the maximum.

Amendment 100 — Adopted · Members reduced from 40 to 24 (later increased to 30 in 1969)
Shri Kuladhar ChalihaAmendment No. 113 · Para 3Vol. IX, p. 1013

Sir, I propose to substitute the whole of para 3 by the following: "The Governor shall make laws and regulations and entrust the District Council and Regional Councils with such powers as the State Legislature may approve." My view is that there should not be a rigid enumeration like the articles in the Constitution itself; there should be flexibility. Let the Governor frame regulations — which means the Cabinet — and entrust these powers to the District Council. What do we want in these hill districts? We want good administration. We want to bring them progress — educational, economic and general.

Amendment 113 — Negatived · Inherent Council legislative power preserved
Dr. B.R. AmbedkarReply on Para 3 — Amendment 114 and "Governor" meaningVol. IX, p. 1019

Sir, I move: "That after sub-paragraph (2) of paragraph 3, the following sub-paragraph be added:— '(3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.'"

With regard to my amendment and the amendment moved by my honourable Friend Mr Rohini Kumar Chaudhuri, there is hardly any difference except a failure to understand on the part of my honourable Friend as to what the word 'Governor' means. He says that the laws shall be approved by the legislature of Assam. According to my amendment, the laws will be approved by the Governor as advised by the Ministry of Assam, because in all this scheme, we are dropping the words 'in his discretion'. Wherever the word Governor occurs, it means Governor acting on the advice of the Ministry. The intervention of the legislature is quite unnecessary.

Amendment 114 — Adopted · Chaudhuri's and Brajeshwar Prasad's amendments to it — Negatived
Dr. B.R. AmbedkarLaw Minister · Para 4 — Amendments 115 and 119Vol. IX, p. 1022

Sir, I move that in sub-paragraph (2) of paragraph 4, for the words "shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final" the words "except the High Court and the Supreme Court shall have jurisdiction over such suits or cases" be substituted. I also move that after sub-paragraph (2) the following be added: "(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) apply as the Governor may from time to time by order specify."

This amendment makes an important change. Originally under sub-para (2) of para 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court which will eliminate any infraction of fundamental rights. If the parties are such that one is a tribal and the other a non-tribal, then the ordinary law will apply. The jurisdiction of the ordinary court is ousted only to the extent provided for in paragraph 4.

Amendments 115 and 119 — Adopted · High Court appellate jurisdiction established
Dr. B.R. AmbedkarLaw Minister · Para 9 — Deletion of sub-para (1)Vol. IX, p. 1032

I move that sub-paragraph (1) of paragraph 9 be deleted. That paragraph refers to licence or lease granted by the Government of Assam for the prospecting for or the extraction of minerals. That matter now is within the exclusive jurisdiction of the Union. Consequently the provision in sub-para (1) is inconsistent with the Union List under which this matter falls and it is therefore necessary to delete it.

Sub-para (1) of Para 9 — Deleted
Shri Kuladhar ChalihaAmendment No. 123 · Para 10Vol. IX, p. 1034

Is it possible for any Assamese, Marwari, Sindhi, Punjabi or Sikh from the plains or from Bombay to carry on business in the Naga Hills if we have a rule like (d)? To say the least, this is an impossible provision. These provisions are so bad that the only way I can describe them is that they are worse than the provisions in the Government of India Act, 1935. A District Council can pass a regulation by a three-fourths majority and say that no Assamese shall trade in the Naga Hills. I think that is absolutely wrong and I am opposing it vigorously.

Amendment 123 — Negatived
Dr. B.R. AmbedkarThe "David Copperfield" Reply · Para 10Vol. IX, p. 1038

There are three things provided by way of safeguards which my friend has not taken into consideration. Firstly, any regulation made by the District Council must receive the assent of the Governor. Secondly, the Governor may refuse to give his assent. Thirdly, under paragraph 15, the Governor may annul any act of the District Council which in his opinion endangers public order or the safety of the State. Having regard to these three safeguards, I do not think there is anything to be afraid of. I wonder now whether my Friend Shri Rohini Kumar Chaudhuri is satisfied with the explanation I have given?

[Honourable Members: Not at all.]

I know you want something more than what I can give. You are like hungry David Copperfield asking for more gruel. That is all I can say.

Amendments 124 and 125 (Ambedkar) — Adopted
Shri T.T. KrishnamachariDrafting Committee · Para 14 — resolving ChalihaVol. IX, p. 1044

If the honourable Member will please look at amendment No. 134, which wants the inclusion of the words "including matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) of paragraph 1 of this Schedule" after the words "autonomous districts in the State" in sub-paragraph (1) of paragraph 14, then he will find the object that he has in mind has already been served by this amendment. The Commission therefore can inquire into matters relating to boundary changes as well as the general administration of the autonomous districts.

Amendment 134 (Ambedkar) — Adopted · Chaliha's clause (d) amendment withdrawn as resolved
Day 3 — Wednesday, 7 September 1949
Constituent Assembly of India · Constitution Hall, New Delhi · Vol. IX, pp. 1061–1099
Final day. Paragraphs 15–19 (the Table of Tribal Areas) considered. Governor's explicit discretion removed from Para 15. The Chaliha–Bardoloi compromise on Para 16. Ambedkar adds new sub-para (3) to Para 17 for frontier areas. Para 16-A inserted. Para 18 discretion deleted. The longest debate centred on Para 19 and the Table — the Shillong municipality question, the Dimapur mouza amendment, and Kunzru's structural objection.
Dr. B.R. AmbedkarLaw Minister · Para 15 — Delete sub-para (3)Vol. IX, p. 1061

Sir, I move: "That sub-paragraph (3) of paragraph 15 be omitted." That is because it gives discretion to the Governor which it is not proposed now to leave with him. As I have said we are taking away the discretion from the Governor which we had originally laid with him and it is therefore necessary to delete this sub-para (3). Wherever the word Governor occurs in this Schedule, it means Governor acting on the advice of the Ministry — except in those provisions which deal with the frontier areas where he acts as agent of the President.

Sub-para (3) of Para 15 — Deleted
Shri Gopinath BardoloiPremier of Assam · Para 16 — CompromiseVol. IX, p. 1066

Sir, with reference to the amendment moved by Srijut Chaliha for the deletion of the second proviso to para 16, all that I have to say is that in every case where action of this kind is taken the parties affected thereby are given an opportunity of being heard. I agree that in this proviso no machinery by which this could be done has been laid down. Therefore, if Srijut Chaliha would modify his amendment as follows, namely, that instead of the words "opportunity of being heard by the legislature" the words "an opportunity of placing the views of the Regional Council" may be substituted, then the purpose of his amendment would be served.

[Chaliha: I am prepared to do that. Ambedkar: I am prepared to accept the amendment of Mr Bardoloi to the amendment of Mr Chaliha, which he has accepted.]

Chaliha–Bardoloi compromise adopted · Para 16 as amended adopted
Dr. B.R. AmbedkarLaw Minister · Para 16-A (new) and Para 17 frontier sub-paraVol. IX, p. 1068

Sir, I beg to move that after paragraph 16, the following paragraph be inserted:— "16A. For the purpose of elections to the Legislative Assembly of Assam the Governor may by order declare that any area within an autonomous district shall not form part of any constituency to fill a seat reserved for any such district but shall form part of a constituency to fill a seat not so reserved." The object of this is to give the people who are included in the autonomous districts but really who are not part and parcel of the people inhabiting the autonomous districts an opportunity to have a place in the Legislative Assembly by having their own constituencies marked out for them.

On Para 17, I move that after sub-paragraph (2) the following be added:— "(3) In the discharge of his functions under sub-paragraph (2) of this paragraph as the agent of the President, the Governor shall act in his discretion." This is necessary because Para 17 deals with frontier areas. In these areas alone the Governor will act in his discretion. In all other areas, the Governor acts on the advice of the Cabinet of Assam.

Para 16-A and Para 17(3) — Adopted · Brajeshwar Prasad's wider centralisation amendment — Negatived
Shri Gopinath BardoloiPremier of Assam · Para 19 — Shillong questionVol. IX, p. 1084

It is very necessary for us to understand the real position of the town of Shillong. It is there that more than half of its area is occupied not by non-tribal people but by tribal people. The bulk of the land belongs to Khasis. The Khasi people have built most of the shops there on their own lands. To exclude the entire municipality would be to exclude Khasi people from protection of the Schedule on their own land. That is why the provision retains the Mylliem State area within the district while excluding the rest of the municipality.

Amendments to exclude entire Shillong Municipality — Negatived
Shri Rohini Kumar ChaudhuriThe "camouflage" accusation and retractionVol. IX, p. 1086

I would say that the amendment which he has moved this morning is merely a camouflage. [Ambedkar: Camouflage for what?] Because Dr Ambedkar seems to indicate by this amendment that he has altered his view in regard to the inclusion of any part of the Shillong Municipality. [Ambedkar: I have not altered my view. Mr President: There is no question of camouflage because the paragraph is perfectly clear that he wants to exclude the Municipality of Shillong except that part of it which is comprised in the state of Mylliem.]

I stand corrected. If Dr Ambedkar does not practise camouflage, he would not be a good fighter. But, what I thought was that certain honourable Members may be misled as I was misled by what he had stated in his proviso.

Shri Kuladhar ChalihaAmendment · Para 19 — Dimapur mouzaVol. IX, p. 1076

I have read Gait's History of Assam. That History says that Dimapur was the capital of the Kachari Kings and later on after being conquered by the Ahoms it was administered by them as part of the greater Assam. When the British came, by an administrative order — without any Act of Parliament — this area was placed under the Naga Hills for administrative convenience. There is absolutely no historical justification for including Dimapur within the Naga Hills District and I move that the mouza of Dimapur be excluded from the Naga Hills District.

Now, Sir, it is a prosperous state where you find Assamese, Bengalees, Sindhis, Punjabees, Sikhs, Marwaris doing business after having invested crores of rupees; but do you know their fate? They can be ejected in 24 hours bag and baggage. Their business can be ruined and they are still included in that area.

Dimapur mouza amendment — Negatived
Shri Gopinath BardoloiOn Dimapur — sympathy but practical difficultyVol. IX, p. 1084

With reference to the amendment that has been tabled by Mr Chaliha, we have the fullest sympathy. The Advisory Sub-committee for the tribal areas had investigated into this affair. It is quite true that for administrative reasons only about 35 years ago this area of Dimapur was brought under Naga Hill administration. But if the amendment is to be accepted, the boundary will have to be defined. The boundary is not defined at present and to define it will give rise to a great deal of difficulty and controversy. This matter may be disposed of satisfactorily under the provisions of the Sixth Schedule that we have already adopted.

Pandit Hirday Nath KunzruUnited Provinces · Para 19 — Part IA Structural objectionVol. IX, p. 1090

However good the provisions of the Sixth Schedule might seem, they segregate people living in different districts and thus make unity much more difficult. I feel the same difficulty in connection with the inclusion of what were partially excluded areas before in the table placed before us by Dr Ambedkar. The United Khasi-Jaintia Hills District and the Garo Hills District were both partially excluded areas under the 1935 Act. They had already reached a stage of development considerably in advance of the fully excluded areas like the Naga Hills and Lushai Hills. To apply exactly the same Schedule to both groups ignores this distinction. I have tabled an amendment for a Part IA which would apply a lighter governance regime to the more advanced areas.

Kunzru's Amendments 330, 332, 333 — Negatived
Shri Gopinath BardoloiClosing reply to KunzruVol. IX, p. 1093

The arrangement made in the Sixth Schedule makes a departure from the old arrangement and practically does away with the distinction between fully excluded and partially excluded areas. Both have now been administered by the provincial government since 1947 without any deterioration. The distinction which was maintained in the 1935 Act no longer serves any purpose. To maintain Part IA would be to perpetuate a colonial distinction that has no constitutional justification in independent India.

Paragraph-by-Paragraph Constitutional Archive

Para-wise Archive — Every Paragraph, Every Angle

For each paragraph: current constitutional text, debate extracts, amendments, speakers, outcome, and constitutional evolution. The most comprehensive research view in this archive.

Para 1Autonomous Districts and Autonomous Regions — Identification and Boundary Powers

Core provision: The tribal areas in the table appended to Para 20 shall be autonomous districts. The Governor may by notification include/exclude areas, create new districts, increase/diminish/unite districts, alter names, define boundaries — but only after a Commission report for clauses (c)–(f).

Key Ambedkar change (Amendment 99): The original sub-para (3) gave the Governor two separate sets of powers with two separate provisos. Ambedkar unified them into a single enumerated list with a single Commission-report proviso for the more significant ones — reorganising the safeguard structure.

"The first thing that we have done is this: That we have provided that the executive authority of the Government of Assam shall extend not merely to non-tribal areas in Assam but also to the tribal areas."

Dr. B.R. Ambedkar — Para 1 general debate

"A Governor means of course the Cabinet. I do not want a Commission... if it is left to a Commission there will be obvious delay."

Shri Kuladhar Chaliha — Para 1, opposing Commission requirement
No.MoverSubstanceResult
98AmbedkarAdd "Subject to the provisions of this paragraph"Adopted
99AmbedkarSubstitute new sub-para (3): unified power list + Commission provisoAdopted
—ChalihaDelete Commission provisoNegatived
—Brajeshwar PrasadSubstitute "President" for "Governor"Negatived
1949
Adopted with Amendments 98 & 99
1969
Clause (ff) added — power to alter district name
1971
"Any of the Parts" substituted for "Part A"
2003
Bodoland proviso added (Assam)
Para 2Constitution of District Councils and Regional Councils

District Council: not more than 30 members (was 24 in 1949 draft, originally proposed as 40), not more than 4 nominated, rest elected on adult suffrage. Elected members hold office for 5 years.

The number sequence: 40 (original draft) → 24 (Amendment 100, 1949) → 30 (1969) → 46 (Bodoland Territorial Council, 2003).

"The original provision provided for forty members of whom twelve were to be nominated. It seemed to the Drafting Committee that forty members was too large a number."

Dr. B.R. Ambedkar — Amendment No. 100
1949
24 members maximum (reduced from 40)
1969
Increased to 30; 5-year term added (6A)
2003
Bodoland Territorial Council — 46 members
Para 3Powers to Make Laws — Inherent vs. Delegated Model

Councils may make laws on land (non-reserved), forests, water-courses, jhum cultivation, village administration, chiefs/headmen, inheritance, marriage/divorce, and social customs. All laws require Governor's assent (sub-para 3).

Central dispute: Chaliha moved to replace inherent Council legislative power with a delegated-powers model. Ambedkar rejected this as fundamentally incompatible, instead adding the Governor's assent requirement (Amendment 114) as a middle path.

"Wherever the word Governor occurs, it means Governor acting on the advice of the Ministry."

Dr. B.R. Ambedkar — the key "Governor = Cabinet" passage
No.MoverSubstanceResult
113ChalihaReplace Para 3: Governor-delegated modelNegatived
114AmbedkarAdd sub-para (3): Governor's assent requiredAdopted
—ChaudhuriLaws before Legislature, not just GovernorNegatived
Para 4Administration of Justice — High Court Access (Most Significant Change)

Councils may constitute village courts for trials between all-tribal parties, excluding State courts. Council sits as court of appeal; above that, only the High Court and Supreme Court have jurisdiction.

The pivotal Amendment 119: The original draft made District Council decisions final. Ambedkar opened appeals to the High Court — "an important change" and one of the most significant substantive changes during the entire debate.

"Originally under sub-para (2) of para 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court."

Dr. B.R. Ambedkar — Amendment No. 119
No.MoverSubstanceResult
115AmbedkarDelete redundant words from sub-para (1)Adopted
119AmbedkarOpen appeals to High Court; add sub-para (3)Adopted
263SahuCPC/CrPC for tribal/non-tribal trialsNegatived
Para 10Money-Lending & Trading — Most Contentious Day 2 Debate

The District Council may regulate money-lending and trading by non-tribal residents — including licensing, interest caps, and trade restrictions. Requires three-fourths majority and Governor's assent.

Three safeguards vs. Chaliha objection: Chaliha moved to give the power to the Governor not the Council. Ambedkar defended the Council's power with three safeguards. Chaliha and Chaudhuri were not satisfied — producing the "David Copperfield" quip.

"Is it possible for any Assamese, Marwari, Sindhi, Punjabi or Sikh from the plains or from Bombay to carry on business in the Naga Hills if we have a rule like (d)?"

Shri Kuladhar Chaliha — Amendment 123

"I know you want something more than what I can give. You are like hungry David Copperfield asking for more gruel."

Dr. B.R. Ambedkar — the David Copperfield quip
No.MoverSubstanceResult
123ChalihaReplace Para 10: Governor makes regulationsNegatived
124AmbedkarInsert "without prejudice to the generality"Adopted
125AmbedkarAdd sub-para (3): Governor's assentAdopted
Para 13Financial Statement — District Council Consultation (Opposition Amendment Adopted)
Amendment 130 (Chaudhuri — Adopted): The words "be first placed before the District Council for discussion and then after such discussion" were inserted — requiring budget estimates be placed before the District Council before the State financial statement. One of only two opposition amendments adopted in three days.

"The only thing is that before the Assam Legislature deals with it, it is desirable to allow the District Councils to have their say as to how the money should be allocated. I hope he is now content."

Dr. B.R. Ambedkar — accepting Chaudhuri's Amendment 130
Para 19The Table of Tribal Areas — Most Debated Provision (Now Para 20)

Amendment 331 substituted an entirely new Para 19 and Table with two Parts: Part I (autonomous districts) and Part II (frontier areas). Special provision for United Khasi-Jaintia Hills — the Mylliem State proviso for Shillong.

Part I — Autonomous Districts
United Khasi-Jaintia Hills · Garo Hills · Lushai Hills · Naga Hills · North Cachar Hills · Mikir Hills
Part II — Frontier Areas
North-East Frontier Tract (Balipara, Tirap, Abor Hills, Mishmi Hills) · Naga Tribal Area

"There is not the slightest doubt that so far as marriage laws, inheritance laws and other customs are concerned, the people living in this part of the Mylliem State share the same laws... I do not think it is right that a part of the people who are homogeneous in certain matters should be severed in this manner."

Dr. B.R. Ambedkar — explaining the Mylliem solution

"Now, Sir, it is a prosperous state where you find Assamese, Bengalees, Sindhis, Punjabees, Sikhs, Marwaris doing business... but do you know their fate? They can be ejected in 24 hours bag and baggage."

Shri Kuladhar Chaliha — Dimapur mouza
Historical postscript: Dimapur is today a major commercial hub, still within Nagaland, predominantly non-Naga. The constitutional mechanisms Ambedkar pointed to (Para 1(3)(d), Para 16-A) have never been used for Dimapur. The question Chaliha raised remains constitutionally unresolved.

"However good the provisions of the Sixth Schedule might seem, they segregate people living in different districts and thus make unity much more difficult."

Pandit H.N. Kunzru — Part IA proposal

"The arrangement made in the Sixth Schedule makes a departure from the old arrangement and practically does away with the distinction between fully excluded and partially excluded areas."

Shri Gopinath Bardoloi — decisive reply
No.MoverSubstanceResult
331AmbedkarSubstitute new Para 19 and Table; Mylliem provisoAdopted
330/332/333KunzruCreate Part IA for partially-excluded areasNegatived
—ChalihaExclude mouza of DimapurNegatived
—Chaliha/ChaudhuriExclude entire Shillong MunicipalityNegatived
Complete Amendment Record

All Amendments — 5 to 7 September 1949

Every amendment moved during the three-day debate. Searchable by mover, content, or paragraph. Filter by outcome or mover using the left panel.

19
Adopted
14
Negatived
4
Withdrawn/Ruled Out
2
Opposition Adopted
No.ParaMoverSubstanceResult
981(1)AmbedkarAdd "Subject to the provisions of this paragraph" before "The tribal areas"Adopted
991(3)AmbedkarSubstitute new sub-para (3): seven enumerated Governor powers; Commission report required before clauses (c)–(f)Adopted
—1(3)ChalihaDelete the Commission-report proviso — Cabinet advice sufficientNegatived
—1Brajeshwar PrasadSubstitute "President" for "Governor" throughout — full centralisationNegatived
1002(1)AmbedkarReduce members from 40 to 24; nominated 12 to 4Adopted
1012(2)AmbedkarDelete sub-para (2) — delimitation to rulesAdopted
1022(7)AmbedkarAdd clause (dd): term of office to rule-making powersAdopted
2572(1)Unnamed memberLimit total membership to 15Negatived
1133ChalihaReplace Para 3: Governor-delegated legislative modelNegatived
1143(3)AmbedkarAdd sub-para (3): all Council laws require Governor's assentAdopted
—3(3)R.K. ChaudhuriLaws before State Legislature, not just GovernorNegatived
—3Brajeshwar Prasad"Governor" → "President" in Amendment 114Negatived
1154(1)AmbedkarDelete redundant words from sub-para (1)Adopted
1194(2)+(3)AmbedkarOpen appeals to High Court; add sub-para (3) for High Court jurisdictionAdopted
1184R.K. ChaudhuriAmendment to unadopted amendment 3496 — ruled out of orderRuled Out
2635SahuCPC 1908 and CrPC apply in tribal/non-tribal trialsNegatived
2018ChalihaReplace Para 8: Governor lays taxation rules before LegislatureNegatived
—9(1)AmbedkarDelete sub-para (1) of Para 9 — minerals under Union ListAdopted
12310ChalihaReplace Para 10: Governor makes trading regulationsNegatived
12410(2)AmbedkarInsert "In particular and without prejudice to the generality"Adopted
12510(3)AmbedkarAdd sub-para (3): Para 10 regulations require Governor's assentAdopted
—12(b)AmbedkarSimplify sub-clause (b) of Para 12Adopted
13013R.K. ChaudhuriInsert District Council discussion requirement — opposition amendment adoptedAdopted
—14Brajeshwar PrasadExpanded Commission composition/scope (cultural, religious facilities)Scope Adopted
13414(1)AmbedkarInclude Para 1(3)(b)–(e) in Commission terms; add "and autonomous regions"Adopted
—14(1)ChalihaAdd clause (d) — resolved by Amendment 134 (Krishnamachari)Withdrawn
—14(1)R.K. ChaudhuriProviso: 2 elected members from Legislature on CommissionNegatived
—15(3)AmbedkarDelete sub-para (3) of Para 15 — removes Governor's explicit discretionAdopted
14316Chaliha/BardoloiSubstitute second proviso — Chaliha–Bardoloi compromiseCompromise
16-AnewAmbedkarInsert new Para 16-A: Governor may exclude areas from tribal constituenciesAdopted
—17(3)AmbedkarAdd sub-para (3): Governor in discretion as Presidential agent in frontier areasAdopted
—17(2)Brajeshwar PrasadExtend Presidential-agent model to ALL tribal areasNegatived
14618AmbedkarDelete "in his discretion" from line 22 of Para 18Adopted
14718(c)AmbedkarDelete clause (c) of Para 18Adopted
33119AmbedkarSubstitute new Para 19 and Table: Parts I and II; Mylliem provisoAdopted
—19ChalihaExclude "mouza of Dimapur" from Naga Hills DistrictNegatived
—19(2)Chaliha/ChaudhuriDelete Mylliem proviso — exclude entire Shillong MunicipalityNegatived
330/332/33319KunzruCreate Part IA for partially-excluded areas; new Para 16.4Negatived
Dramatis Personae

Speaker Archive — Sixth Schedule Debates

Complete profiles of every speaker who made substantive interventions across the three days. Their arguments, amendments, verbatim speeches and constitutional significance. Click any speaker to expand.

BRA
Dr. B.R. Ambedkar — Law Minister, Principal Drafter
Bombay: General · 18+ amendments · All three days
▼

Ambedkar was the architect, defender, and pragmatic adjuster of the Sixth Schedule. He moved 18+ amendments, responded to every substantive challenge, and delivered the schedule's most important intellectual justification — the three-model comparison and the three binding unifying influences.

The "Governor = Cabinet" principle: "We are dropping the words 'in his discretion'. Wherever the word Governor occurs, it means Governor acting on the advice of the Ministry." Confirmed by Supreme Court in Pu Myllai Hlychho (2005).

The David Copperfield quip (Para 10): "I know you want something more than what I can give. You are like hungry David Copperfield asking for more gruel."

18+
Amendments Moved
3
Days Active
19
Paragraphs Managed
GB
Shri Gopinath Bardoloi — Premier of Assam, Sub-Committee Chair
Assam: General · Days 1 & 3 · Political authority underpinning the Schedule
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Bardoloi chaired the Sub-Committee on North-East Frontier (Assam) Tribal and Excluded Areas whose 1947-48 report formed the basis of the Schedule. On Kunzru's amendment, he delivered the definitive argument against maintaining the old excluded/partially-excluded distinction. On Dimapur, he expressed "fullest sympathy" but opposed excision on practical grounds.

The arrangement made in the Sixth Schedule makes a departure from the old arrangement and practically does away with the distinction between fully excluded and partially excluded areas.

Shri Gopinath Bardoloi · Para 19
KC
Shri Kuladhar Chaliha — Most Active Challenger
Assam: General · 6 amendments · All three days
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The member who most consistently challenged the Drafting Committee — wanting less Commission bureaucracy, weaker Council legislative powers, and stronger protection for non-tribal economic interests. Amendments moved: Para 1, 3, 8, 10, 16 (compromise), 19 (Dimapur/Shillong). Score: 0 outright victories in 6 attempts (1 partial via compromise), yet his arguments remain substantively important.

A Governor means of course the Cabinet. I do not want a Commission. The Governor would have the power in consultation with his Cabinet to discuss these things and if it is left to a Commission there will be obvious delay.

Shri Kuladhar Chaliha · Para 1
BP
Shri Brajeshwar Prasad — Full Centralisation Advocate
Bihar: General · 15+ amendments · Days 1 & 2
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Proposed the most radical alternative — full Central administration of all tribal areas, on geo-strategic grounds (Assam bordered Pakistan, China, Tibet, Burma). All "President for Governor" amendments negatived. The irony: his proposed expanded Para 14 Commission composition was adopted — making him the only speaker whose substantive content entered the Schedule.

I am opposed to handing over the administration of the tribal areas into the hands of the provincial government, because Assam is on the border of five or six foreign States.

Shri Brajeshwar Prasad · Para 1
NR
Rev. J.J.M. Nichols Roy — Khasi Hills, Co-Author
Assam: General · Bordoloi Sub-Committee member
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One of the principal co-authors of the Schedule — a leading Khasi politician and Minister in Assam. Ambedkar invoked his agreement repeatedly as evidence of the Schedule's legitimacy as an agreed instrument. Shri B. Das (Orissa) controversially alleged Nichols Roy wanted tribal areas separate to allow British influence — an allegation never formally refuted in the record.

RC
Shri Rohini Kumar Chaudhuri — Procedural & Judicial Critic
Assam: General · All three days · Most legally technical member
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The most legally technical of the Assam members — pressing Ambedkar for precision on tribal court jurisdiction, Shillong electoral consequences, and Commission composition. Most significant contribution: Amendment 130 (Para 13) — one of only two opposition amendments adopted. Also the "camouflage" accusation and its memorable retraction.

I stand corrected. If Dr Ambedkar does not practise camouflage, he would not be a good fighter.

Shri Rohini Kumar Chaudhuri · Para 19, retracting "camouflage" charge
HK
Pandit Hirday Nath Kunzru — Structural Critic
United Provinces: General · 7 September 1949
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Offered the most intellectually substantive structural critique — concerned that the Schedule treated the more-advanced "partially excluded" areas (Khasi, Garo, Mikir Hills) identically with the genuinely "excluded" ones (Naga, Lushai Hills). His proposed Part IA would have maintained a lighter governance regime. T.T. Krishnamachari's "Bar one!" interjection undermined his characterisation.

However good the provisions of the Sixth Schedule might seem, they segregate people living in different districts and thus make unity much more difficult.

Pandit H.N. Kunzru · Para 19
KM
Shri K.M. Munshi — Philosophical Defender
Bombay: General · Tribal governance framework
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Delivered the most philosophically comprehensive defence — managed integration that rejected both permanent segregation and forced assimilation. His formulation became the canonical statement of the Schedule's purpose.

We want that the Scheduled tribes... should be protected from the destructive compact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life... They should not be isolated communities or little republics to be perpetuated for ever.

Shri K.M. Munshi
AT
Shri A.V. Thakkar (Thakkar Bapa) — First-Person Witness
Saurashtra · Gandhi's tribal welfare worker
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The leading non-tribal advocate for tribal welfare. Provided the most vivid empirical account of conditions in the hill areas — his first-ever visit to the Lushai Hills and Naga Hills in 1947. Highlighted the profound ignorance among plainspeople — even the Premier of Assam had never visited those areas.

TK
Shri T.T. Krishnamachari — Drafting Committee
Madras: General · Brief but decisive interventions
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Brief but procedurally decisive interventions. On Para 14, resolved Chaliha's complaint by pointing to Amendment 134. On Para 19, his "Bar one!" interjection undermined Kunzru's characterisation. Consistently defended the drafting precision of the Committee's text.

JS
Shri Jaipal Singh — Only Adivasi Member of the CA
Bihar: General · Fifth Schedule primarily · Moral authority
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The sole Adivasi member of the Constituent Assembly — former captain of India's Olympic field hockey team and leader of the Adivasi party. His primary interventions were on the Fifth Schedule (tribal advisory councils), but his presence gave the entire tribal-areas debate its moral authority.

I find that this new proposed Fifth Schedule has, somehow or other, perhaps without meaning it, emasculated the Tribes Advisory Council... The initiative is placed in the hands of the Governor or Ruler of the State. I regret that that is a situation I cannot accept.

Shri Jaipal Singh · Fifth Schedule debate
Thematic Classification

Topic-wise Index

Debate extracts classified by constitutional theme. Click any topic to view relevant speakers, paragraph references, and key arguments.

Autonomy & Self-Governance
Para 1, 2, 3
Governor's Role
Para 1, 15, 17, 18
Judicial Powers
Para 4, 5
Trading & Money-Lending
Para 10
Frontier & Security
Para 17
Integration vs. Isolation
Munshi, Ambedkar, Kunzru
Break from Colonial Model
Bardoloi, Ambedkar
Commission & Oversight
Para 1, 14
Topic: Autonomy & Self-Governance

"It takes the third course of integrating the tribal people with the general population, but it provides certain safeguards for the protection of the tribal people, so that the integration shall not lead to their exploitation."

Dr. B.R. Ambedkar · Para 1 · 5 September 1949
Paragraph References: Para 1 (identification), Para 2 (councils), Para 3 (legislative power), Para 4 (judicial power) — the "autonomy quartet."
Topic: Governor's Role — Discretion vs. Cabinet Advice

"We are dropping the words 'in his discretion.' Wherever the word Governor occurs, it means Governor acting on the advice of the Ministry."

Dr. B.R. Ambedkar · Para 15 · 7 September 1949
Judicial vindication: Pu Myllai Hlychho v State of Mizoram (2005) 2 SCC 92 adopted Ambedkar's 1949 position: Governor acts on Cabinet advice except for functions listed in Para 20BB.
Topic: Judicial Powers

"Originally under sub-para (2) of para 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court."

Dr. B.R. Ambedkar · Para 4, Amendment 119
Jurisdiction structure: Tribal courts → District/Regional Council appeals → High Court (as Governor specifies) → Supreme Court.
Topic: Trading & Money-Lending Control

"Is it possible for any Assamese, Marwari, Sindhi, Punjabi or Sikh from the plains or from Bombay to carry on business in the Naga Hills if we have a rule like (d)?"

Shri Kuladhar Chaliha · Para 10

"You are like hungry David Copperfield asking for more gruel."

Dr. B.R. Ambedkar · Reply on Para 10
Three safeguards Ambedkar listed: (1) Governor's assent for all Council laws; (2) Governor's power to annul; (3) Para 10 regulations specifically submitted to Governor.
Topic: Frontier Areas & National Security

"I am opposed to handing over the administration of the tribal areas into the hands of the provincial government, because Assam is on the border of five or six foreign States."

Shri Brajeshwar Prasad · Para 1
Para 17's strategic role: Frontier tracts under Presidential authority; inner autonomous districts under Assam Cabinet authority. This bifurcation resolved the security tension running through all three days.
Topic: Integration vs. Isolation — The Philosophical Core

"They should not be isolated communities or little republics to be perpetuated for ever."

Shri K.M. Munshi

"However good the provisions of the Sixth Schedule might seem, they segregate people living in different districts and thus make unity much more difficult."

Pandit H.N. Kunzru · Para 19
The debate never resolved: Kunzru's segregation concern, Munshi's "little republics" warning, and Ambedkar's integration-with-safeguards model represent three genuinely different constitutional philosophies.
Topic: Break from Colonial Model

"The arrangement made in the Sixth Schedule makes a departure from the old arrangement and practically does away with the distinction between fully excluded and partially excluded areas."

Shri Gopinath Bardoloi · Para 19
What was abolished: Under the GoI Act 1935, "excluded areas" had no connection to the Assam Legislature (Governor in personal discretion); "partially excluded areas" had limited legislative reach. Both categories were abolished — replaced with elected District Councils requiring Governor's assent on Cabinet advice.
Topic: Commission & Oversight Mechanisms

"If the honourable Member will please look at amendment No. 134... he will find the object that he has in mind has already been served by this amendment."

Shri T.T. Krishnamachari · Para 14
Two Commission provisions: (1) Para 1(3) proviso — Governor cannot create/merge/enlarge districts without a Para 14 Commission report. (2) Para 14 — Governor may appoint a Commission at any time. Chaliha objected to both; both were preserved.
Geographical Research View

State-wise Coverage

How the debates addressed specific hill districts and their subsequent constitutional development. In 1949, all these areas were districts of Assam.

Assam Most Debated Original Schedule State

Assam was the state for which the Sixth Schedule was originally and entirely conceived. The three days of debate were almost entirely about Assam's hill districts. Central tensions: extent of Council power vs. state oversight; role of the Governor; status of non-tribal commercial towns like Shillong and Dimapur; frontier areas bordering China, Burma, and Pakistan.

1949 Districts (Part I): United Khasi-Jaintia Hills · Garo Hills · Lushai Hills · Naga Hills · North Cachar Hills · Mikir Hills
Current (Assam only): North Cachar Hills (NC Hills Autonomous Council) · Karbi Anglong (Karbi Anglong Autonomous Council) · Bodoland Territorial Areas District (BTC)
1995
NC Hills & Karbi Anglong Autonomous Councils
Para 3A inserted — 15 additional legislative subjects.
2003
Bodoland Territorial Council
Memorandum of Settlement (10 Feb 2003). Para 3B — 40-subject legislative list. 46-member council.
Meghalaya Statehood 1972

In 1949, the territories now constituting Meghalaya were three autonomous districts within Assam — Khasi Hills, Jaintia Hills, and Garo Hills. Rev. Nichols Roy was a co-architect. The most contentious Para 19 debate concerned Meghalaya's territory — the Shillong/Mylliem State question.

The Mylliem Solution: Ambedkar's Para 19 amendment retained "so much of the area within the municipality of Shillong as forms part of the Mylliem Khasi State" within the autonomous district. Three current ADCs: Garo Hills, Khasi Hills, Jaintia Hills.

Para 12A (added 1972) gives Meghalaya-specific repugnancy rules — State legislature laws prevail over Council laws on Concurrent List subjects, and the President (not the Governor) directs non-application of Acts of Parliament.

Tripura Added 1984 (49th Amendment)

Tripura was a Part C State (former princely state) at the time of the 1949 debates. The Sixth Schedule was extended to Tripura's tribal areas under the 49th Amendment Act 1984. The Tripura Tribal Areas Autonomous District Council (TTAADC) covers about two-thirds of Tripura's land area.

Constitutional Framework: Para 12AA (1984, substituted 1988) governs application of Acts. Para 20BB (1988) enumerates the Governor's discretionary functions for Tripura and Mizoram.
Mizoram Lushai Hills 1949 Statehood 1987

The Lushai Hills were in 1949 among the most remote areas discussed — literally unknown to many members. The Mizo National Front insurgency (1966–1986) and its resolution reflected both the success and limitations of the Sixth Schedule framework.

Pu Myllai Hlychho v State of Mizoram (2005): The Mara Autonomous District Council dispute produced the Supreme Court's leading judgment on the Governor's role — directly vindicating Ambedkar's 1949 explanation. Three current ADCs: Chakma, Mara, Lai.
Nagaland Naga Hills 1949 Statehood 1963

The Naga Hills were the most politically sensitive area in the entire debate. The Dimapur Mouza debate — Chaliha's detailed historical case for excluding Dimapur — was the sharpest illustration of the tension between tribal self-governance and non-tribal economic communities. Dimapur remains within Nagaland today, predominantly non-Naga.

Post-statehood: After Nagaland's statehood in 1963, the Sixth Schedule ceased to apply. Article 371A now provides stronger, Nagaland-specific protections — no Act of Parliament applies regarding religious/social practices, customary law, or land unless the Nagaland Assembly so decides.
Premium Archive Section

Interesting Facts & Hidden Stories

The moments, exchanges, and constitutional choices that reveal the true character of these debates — and their long afterlives in Indian constitutional law and politics.

🎭
The "Domestic Quarrel" Exchange — Ambedkar vs. Chaliha
6 September 1949 · Most unusual moment of the debates
Context: Para 3 debate · Chaliha moves to replace Council legislative power

Ambedkar made an unusual public accusation against Chaliha — suggesting he was moving amendments against provisions he had previously agreed to in committee consultations.

"I am not making any insinuations; I was only saying, Sir, that it was a domestic quarrel into which I would not enter."

Dr. B.R. Ambedkar · 6 September 1949

Chaliha denied having participated in the relevant committee meetings. The dispute was never formally resolved.

Historical significance: The exchange reveals that some "opposition" amendments were not genuine surprises — they emerged from internal disagreements about compromises allegedly reached before the floor debate.
📚
Ambedkar's "David Copperfield" Quip
6 September 1949 · Para 10 · The rare moment of wit
Context: Para 10 debate · Chaliha pressing for stronger safeguards

"There are three things provided by way of safeguards which my friend has not taken into consideration... I know you want something more than what I can give. You are like hungry David Copperfield asking for more gruel."

Dr. B.R. Ambedkar · Para 10

The Dickensian allusion was one of the few moments of genuine wit in the three days. The exchange over Para 10 was substantively one of the most important — Chaliha's concern that the District Council could exclude all non-tribal commerce was not trivial; Para 10(2)(d) does allow exactly this.

🏛️
The Red Indian Comparison — Ambedkar's Model Rejection
5 September 1949 · Para 1 · The analytical framework
Context: Ambedkar's opening speech · The three-model comparison

"One method is to leave them isolated as much as possible, treating them as specimens to be preserved in the museum, so to say. This is what the American Government has done with the Red Indians. This method seems to be most objectionable because it has not produced any good results."

Dr. B.R. Ambedkar · Para 1
The intellectual framework: Ambedkar identified a genuine trilemma — isolation, reservation, or integration — and argued the Sixth Schedule chose integration with targeted safeguards. The Red Indian comparison was politically charged in 1949 given the ongoing dispossession of Native Americans.
📉
The Great Council Size Reduction: 40 → 24 Members
6 September 1949 · Para 2 · Amendment No. 100
Context: Ambedkar moving Amendment No. 100

The reduction from 40 to 24 (nominated from 12 to 4) passed without floor debate — notable given the Assembly's extensive time on trading interests (Para 10) and boundaries (Para 19).

The historical arc: 40 (original draft) → 24 (Amendment 100, 1949) → 30 (1969) → 46 (Bodoland Territorial Council, 2003).
🗺️
Dimapur — The Question That Was Never Answered
7 September 1949 → Present day · Para 19
Context: Chaliha's Dimapur mouza amendment

"Now, Sir, it is a prosperous state where you find Assamese, Bengalees, Sindhis, Punjabees, Sikhs, Marwaris doing business after having invested crores of rupees; but do you know their fate? They can be ejected in 24 hours bag and baggage."

Shri Kuladhar Chaliha · 7 September 1949

Seventy-five years later, Dimapur is one of Nagaland's largest cities (400,000+) — predominantly non-Naga. The constitutional mechanisms Ambedkar pointed to have never been used. The political question remains.

Historical irony: The underlying tension between tribal self-governance rights and non-tribal economic interests in autonomous district areas remains one of the Schedule's unresolved challenges, precisely as Chaliha identified it in 1949.
⚖️
Pu Myllai Hlychho — When the 1949 Debates Went to the Supreme Court
2005 · (2005) 2 SCC 92 · Ambedkar's 1949 position confirmed
Context: Pu Myllai Hlychho v State of Mizoram · Five-Judge Constitution Bench

The Supreme Court's 2005 decision directly engaged with Ambedkar's 1949 explanation that "wherever the word Governor occurs, it means Governor acting on the advice of the Ministry." The case arose from the termination of nominated members of the Mara Autonomous District Council, terminated by the Governor on Cabinet advice.

The five-judge bench held: (1) Nominated members hold office at the Governor's pleasure, exercised on Cabinet advice; (2) Article 311 doesn't apply to Council members; (3) Para 20BB exhaustively lists discretionary functions — all others follow Article 163's Cabinet-advice model.

The 1949–2005 connection: The court's analysis followed the exact reasoning Ambedkar articulated in September 1949. The systematic deletion of "in his discretion" during the debate was cited as direct evidence of constitutional intent. A 1949 floor explanation became a 2005 Supreme Court ratio.
🔬
The "Foreign Influence" Allegation Against Nichols Roy
5 September 1949 · B. Das (Orissa) vs. Rev. Nichols Roy
Context: General tribal debate · Shri Biswanath Das (Orissa)

Shri B. Das alleged that Rev. Nichols Roy "wants the tribal areas to be a separate entity so that British influence could permeate these tribal areas." Ambedkar did not directly address the allegation, merely saying foreign influence could be "eliminated altogether." The allegation was never properly debated or refuted.

Historical context: The allegation reflected broader anxiety about British Christian missionary influence in tribal areas. The Schedule's drafters had designed it to bring tribal areas formally within the Indian constitutional order rather than leaving them informally exempt.
📖
The "Camouflage" Accusation and Its Retraction
7 September 1949 · Para 19 · Chaudhuri vs. Ambedkar
Context: Para 19 debate · Shillong municipality question

When Ambedkar moved his Para 19 amendment retaining the Mylliem State area within the Khasi Hills district, Chaudhuri accused him publicly of "camouflage." The President intervened: "There is no question of camouflage. The paragraph is quite clear." Chaudhuri retracted memorably:

"I stand corrected. If Dr Ambedkar does not practise camouflage, he would not be a good fighter. But, what I thought was that certain honourable Members may be misled as I was misled."

Shri Rohini Kumar Chaudhuri · Para 19
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The Discretion Project — Ambedkar's Systematic Deletion
7 September 1949 · Para 15, 17, 18 · A coordinated design choice
Context: Day 3 amendments — Para 15, 17, 18

One of the most coordinated and least-noticed features of the Day 3 amendments was Ambedkar's systematic project to remove explicit Governor's discretion. Across three separate amendments, he:

Para 15: Deleted sub-para (3) containing explicit Governor's discretionary powers.
Para 17: Added sub-para (3) explicitly stating the Governor acts "in his discretion" in frontier areas — making this the only exception.
Para 18: Removed residual language implying independent gubernatorial authority, aligning the paragraph with ministerial advice.

Taken together, these reveal a deliberate constitutional strategy: place the Sixth Schedule firmly within responsible government while preserving narrowly tailored frontier exceptions.

The Sixth Schedule was not drafted as a revival of the excluded areas system. It was drafted as a constitutional bridge between tribal autonomy and democratic government.

Constitutional Significance of the Day 3 Amendments
Long-Term Impact: The Supreme Court's decision in Pu Myllai Hlychho v. State of Mizoram (2005) substantially reflected the logic embedded in Ambedkar's amendments — the Governor ordinarily acts on Cabinet advice unless the Constitution or Schedule expressly provides otherwise.
Advanced Constitutional Research

Research Mode

Search across debates, speakers, amendments, constitutional provisions, autonomous districts, and historical developments through a unified constitutional research interface.

Speaker Archive
Dr. B.R. Ambedkar — Principal Mover of the Sixth Schedule
Led the Schedule through the Assembly, moved numerous drafting and substantive amendments, defended autonomous districts, and clarified the constitutional position of the Governor throughout the debates.
Speaker5–7 Sept 194918+ Amendments
Constitutional Debate
The Red Indian Comparison
One of the most discussed exchanges. Members considered whether tribal communities should be isolated, integrated, or provided constitutionally protected self-government.
Topic: Tribal Policy5 September 1949
Judicial Decision
Pu Myllai Hlychho v State of Mizoram (2005) 2 SCC 92
Five-judge Constitution Bench confirmed the Governor acts on Cabinet advice under the Sixth Schedule except for functions enumerated in Para 20BB — vindicating Ambedkar's 1949 position.
Supreme Court2005
Citation Generator
Constituent Assembly Debates, Vol. IX, Sixth Schedule Discussions, 5–7 September 1949, Constitution Hall, New Delhi.
Research Notes