Sub-Regional Aspiration and Assam: A Study on  The Institutional  Framework

Shyamjyoti  Saikia

 

ABSTRACT:

One of the intractable questions that have confined Indian federalism is how to accommodate deep pluralism in the regions with a viable political unity with the larger federal unity of India.One of the responses of the Indian state has been to recognize sub-regional aspirations with distinct federal units by carving them out as a state. But such a response has led to the huge multiplication of demands of separate statehood. In fact, that does not seem to be an end to such demands. One of the great experiments that were tried out in this response is in Assam. This study goes into the deliberative process and institutional framework adopted to wield great diversity into a federal unit. While there can be disagreement with regard to the substantive process that led to regional consolidation, the procedures adaptable for that purpose need to be subjected to a critical scrutiny. Assam can offer a case of great complexity for this purpose.

 

 

INTRODUCTION:

The state formation in Assam had a radically different trajectory. It was annexed to the British Empire late and as a counter to Burmese expansionism (1824).  It was initially appended to then Bengal Presidency. With Assam in it, it actually became the Eastern Frontier of British Empire. The Bengal Presidency did not have any of the modern characteristics of a mono-linguistic or mono-cultural group of statehood. Historically it was a Nazimate autonomous from the Mughal Empire. It had diverse cultural units like Bihar, Orissa, and part of Jharkhand in it. Assam added more to its already existing cultural diversity. The British too was happy in treating Assam as a frontier region of their Eastern Province or Bengal.

 

Bardoloi Sub-Committee:

The committee which was formed on 28^th February 1947, headed by Gopinath with five members- Nichols Roy, Rup Nath Brahma , A.V. Thakkar, Mayang Nokcha (replaced by Alba  Imti), submitted its report on ‘Tribal and Excluded Areas of Assam¹’   noted the anxiety of the hill people about their land and fear of exploitation by ‘other’. The committee traveled extensively to the allotted area   (except Garo Hill District and the Jawai sub –division of Khasi Hill District because of bad weather and difficult communication) ². In today’s context, when Naga Hills Districts and Lushai Hill Districts are no longer with Assam, The North Cachar Hills Sub –Division of Cachar District area is ‘autonomous

 

 

district’ with the six schedule status, and almost all ethnic groups irrespective of hill or plain are facing the fear of ‘identity crisis’, ‘The Hill People’s Views’ section of the Sub-Committee can give us an idea exactly what kind of expectations those people had with the Indian State. In Lushai Hills, it was expected that the District³ should manage all affairs with the exception of defense in regard to which it should enter into an agreement with the Government of India.  Lusai Hill people were more concerned about the issues of protection of land, local customs, and language, prevention of exploitation by the outsiders.

 

An interim Government of Naga people under the protection of a benevolent ‘ guardian power’ , who would provide funds for the development and defense for a period of ten years after which the Naga People would decide what they needed in Naga Hills District. In Garo Hills the draft constitution asked for all power of the Government including taxation, administration of justice etc. to be vested in the legal counsel and only link proposed with the Provincial Government was in respect of a few subjects like higher education, medication aid etc.  Other than the subjects of defense, external affairs and communications which were not provincial subjects. The Khasi Hill proposed a Federation of the States and British portions, otherwise had a similar expectation as Garo Hills people. Bardoloi sub-committee report included detailed provision for autonomous district councils in the formerly "excluded areas" of Assam.

 

Constituent Assembly Debate:

The debate in the Constituent Assembly can be divided in to three parts-proponents, opponents and those who were in between. A section of members wanted district autonomy should be directly supervised by the Central Government, and another section wanted such autonomy to be more subject to the influence to the state government. A number of members were apprehensive that such autonomy will affect the unity of the nation, and the fourth section wished such autonomy to evolve according to the changing developmental condition of the people of those particular districts.

 

Viewpoint critical of Bardoloi:

Regarding para sub-para (5), Sri KuladharChaliha argues –“The Nagas are a very primitive and simple people and they have not forgotten their old ways of doing summary justice when they have a grievance against anyone. If you allow them to rule us or run the administration it will be a negation of justice or administration and it will be something like anarchy.” ⁴ He further states that“If you see the background of this schedule you will find that the British mind is still there. There is the old separatist tendency and you want to keep them away for us. You will be   thus creating a Tribalstan just you have created a Pakistan.” He was against of a large number of representation from the tribal population in the administration. According to him, “The Naga Hills contain only a lakh and seventy thousand people and it contains about ten tribes. If you give them for every district twenty –four members it will be too much. They will quarrel among themselves. The less the number the better.” Referring subparagraph (4) of paragraph 2⁵, Shri Brajeshwar Prasad criticized the whole process of division of India into provinces. He states “I can never be a party to dividing Assam into a large number of sub –provinces. ….I am not in favor of the principle of self-determination. I believe in the principle of the greatest good of the greatest number.I will not jeopardize the interest of India at the altar of the trials.” 

 

Gopinath Bardoloi has given the background in which the draft of the sixth schedule was formulated and why it was necessary for the greater good of the tribal society. He described how these areas were entirely excluded areas. ⁶ The foreign rulers till then had in these areas power to send out of the place anyone they desired within 24 hours. Again some of these areas were war zones. During the war, the then rulers and officers developed in the minds of these tribal people a sense of separation and isolation and gave those assurances that at the end of the war they will be independent States managing their affairs in their own way. They were led to believe that the entire hill areas would be constituted into a province and put under some irresponsible Governor.” Thus he claimed that people of these areas were already fully suffused with these ideas of isolation and separation. Regarding the necessary autonomy of  the provinces he argues “ there are certain institutions among these hill trials which, in my opinion, are so good that, if  we wanted to destroy them, I considered it to be very wrong .” ⁷ Rohini Kumar Chaudhuri raised the issue of non-tribal people living in the tribal areas.Will they be able to exercise their choice? ⁸  He further opined that the Autonomous District is a weapon whereby steps are taken to keep the tribal people perpetually away from the non-tribal and the bond of friendship which were expected to come into being after the attainment of independence would be torn asunder.

 

 

Viewpoints in support of Bardoloi:

 A member like Shri Jaipal Singh extended full support towards Bardoloi considering the autonomous arrangement with Tribal Sub-Committee as ‘knowledge solution’ instead of ‘power solution.’ He vehemently criticized his opponents for not having faith on tribal people. “It does no one any good to suspect the intentions of the tribal people of Assam. Do my friends believe that Naga is not a man of his word? Do they mean that people of Lushai Hills are trying to deceive us? What do they mean? There is a definite understanding between the leaders and the Tribal Sub-Committee that went round place. Then why this doubt?” ⁹ Prof. ShibbanLalSaksena proposed for a certain period autonomy of the tribal section. He states that  “this separation will take permanent a character and it may lead to the division of provision itself... we must foresee the future and should try to amend this schedule in such a way  that after some considerable time, say ten or fifteen years, these scheduled areas may not be necessary and that they may become part of the whole province of Assam.” ¹⁰  Whereas J.J.M.Nichols Roy considers that certain measures of self-government are necessary to win the tribal people over for the good of India, to create a feeling of friendliness and unity among them so that they may feel that their culture and ways of living have not been abolished with the kind of culture thrust upon them by force. ¹¹ Arguing for the creation of the regional council and district council, Dr. B.R.Ambedkar commented that it will provide “enough representation in the Legislature of Assam itself, as well as in Parliament, so that they will play their part in making laws for Assam and also in making laws for the whole of India. Now, if these cycle of participation, if I may say so, to which I have referred, viz., representation in the legislature of Assam and representation in parliament, the application of the laws made by Parliament and the application of the laws made by Assam legislature, are not binding forces, I would like to know what greater binding forces we can provide for the purpose of unifying the Regional Council and the District Councils with the political life of the provinces as a whole.”¹² Thus he did not agree to that in the creation of the Regional Council and the District Council will divide the population of Assam into two watertight compartments, viz., tribal and non-tribal. He commented that arguments urged against the provision of Regional Council and District Council are entirely based upon a misunderstanding and inadequate reading of the other provisions contained in that schedule.

 

 

What is the Sixth Schedule?

The Sixth Schedule of the Indian Constitution is an administrative device, which outlined the way in which tribal areas in the then composite State of Assam were to be administered.  The schedule, as it stands now, is divided into twenty-one paragraphs. When first drafted, it was covered under Articles 189(b) and 190(2), which on the amendment, was put under Articles 244(2) and 275(1). Paragraph one contains the gist of the provisions regarding the administration of these areas by way of creation of autonomous districts and regions. The term ‘autonomous’ being particularly important, as it speaks of the right of self-government. It also outlines the role and the power of the Governor, as delegated by the Constitution. Paragraph two provides for the constitution of a District and Regional Council. The Governor has the power to make rules for the first constitution of these councils, and in doing so, should consult the existing tribal councils or other representative tribal organizations within the district or region. However, the power to make subsequent rules lies with the District or Regional Council with the approval of the Governor. Paragraph three confers on the District and Regional Councils, the power to make laws with respect to various matters such as allotment, occupation, use, setting aside of land other than a reserved forest, for the purpose of agriculture, grazing, or residential or other non-agricultural purposes, or for any other purpose to promote the interests of the inhabitants of a village or a town; management of any forest not being a reserved forest; use of canals and watercourses for agricultural purposes etc. However, these laws have to be submitted to the Governor for his assent, without which, they will have no effect. Paragraph four empowers the District or Regional Councils to institute village councils or courts for the purpose of trial of suits and cases where the parties are members of Scheduled tribes, apart from those for which special provisions are found in the next paragraph. The power to hear court appeals and to review court decisions over these village councils or courts lay in District or Regional Council, or in any court constituted by the District and Regional Council. Paragraph five authorizes the Governor to bestow on the District or Regional Councils or Courts constituted by them, powers under the Code of Civil Procedure (1909) or the Code of Criminal Procedure (1898) to try cases and suits specified by the Governor, as well as, the power to try offences punishable with transportation for life, or imprisonment for a term not less than five years, or death under the Indian Penal Code. Paragraph six gives power to the District Council to establish, construct and manage primary schools, markets, dispensaries, roads, transport and the like. The District Council is also empowered to make regulations to supervise the subjects mentioned in this paragraph. Coupled with this, the District Council is to recommend the language and the manner by which primary education is to be imparted. Paragraph seven constitutes the district fund for each autonomous district, as well as, a regional fund for each region. The accounts are also to be kept in the form as prescribed by the Comptroller and Auditor General of India. The duty of the Governor in this regard is to lay the report before the Council. Paragraph eight gives power to the District or the Regional Council to assess and collect land revenue, along with the imposition of taxes. Paragraph nine deals with the share of royalties accumulated or received from licenses or leases granted for the purpose of extracting minerals in any area within the autonomous district. Here, the Governor is given the power to look into matters in cases of disputes, and his decisions shall be final. Paragraph ten confers on the District Council, powers to regulate and control money-lending and trading within the district by non-tribals. Paragraph eleven makes it a rule to publish all laws and regulations made by the District or Regional Councils in the official gazette of the State. Paragraph twelve deals with the applicability of the Acts of Parliament and State Legislature to the autonomous district or region. Paragraph thirteen requires that the calculated receipts and expenditure related to an autonomous district is to be placed before the Legislature of the State and shown separately in the annual financial statement of the State. Paragraph fourteen deals with the appointment of a commission to look into and report on the administration of the autonomous district and region. Paragraph fifteen speaks about the power of the Governor to suspend and annul an act or resolution of the district and regional council if it jeopardizes the safety of India or public order. Paragraph sixteen gives power to the Governor to dissolve a District or a Regional Council, and direct fresh elections or administer the area himself. The object of paragraph seventeen is to take care of difficulties which the non-tribals may face in certain areas, on account of such areas being included in the Schedule. Paragraph nineteen deals with the mode of administration of areas till a District Council is instituted, and the governor has to take steps for its constitution for every autonomous district. Paragraph twenty specifies the tribal areas and the administration of the same for which the Sixth Schedule has been conceived. Originally divided into three parts, the areas incorporated were as follows. Part I comprised of the North Cachar Hills and the Mikir Hills Districts (now Dima Hasao and Karbi Anglong respectively). Part II comprised of the United Khasi and Jaintia Hills and Garo Hills Districts (Jaintia Hills subsequently got its own ADC in 1964). Finally, part III covered the then Lushai Hills district (later Mizoram, where ADCs were granted to the Chakma, Lai, and Mara inhabited Districts). Finally, paragraph twenty-one looks at temporary, transitional and special provisions with respect to the States of Nagaland, and Manipur, both of which are outside the purview of the Sixth Schedule. Articles 371A and 371C of the Constitution outline the special provisions with respect to the states of Nagaland and Manipur respectively.

 

REFERENCE:

1.          The introduction part of the committee explains The Excluded and Partially Excluded area of Assam as scheduled by the Order in Council under the Government of India Act,1935.Excluded areas-The North-East Frontier (Sadiya,Balipara and Lakhimpur),Tracts- The Naga Hill District,TheLushai Hills District,The North Cachar Hills Sub-Division of the Cachar District . Partially Excluded areas -  TheGaro Hills District,TheMikir Hills (in the Nawgaon and Sibsagar Districts),The British Portion of Khasi and Jayantia Hills District other than Shillong Municipality and cant.

2.          However committee examined   representatives of Garo Hills district at Gauhati and paid a visit to certain Garo village on and near Gauhati .

3.          The District Conference was convened by the superintendent of the Lusai Hill and hi himself propounded a scheme before the committee. Role of the superintendent was that convenient as he did have a secure vision regarding the administration of the area.

3.Constituent Assembly Debate 1009,vol IX

4.          Vesting power of the administration to District Council and Regional Council.

5.          Till 15th August 1947, none from the plains could go there and contact them.

6.          Constituent Assembly Debate ,p1012,Vol IX

7.          He questioned in the Assembly –“ May I ask the honorable Member to refer to that provision of the new constitution whereby the people –non-tribal people –living in a  tribal area can exercise their choice in areas not included in the tribal area ?In the first place the tribal areas as it now stand, are not final. The Governor has given the power of fixing the boundaries.”

8.          Constituent Assembly Debate,p 1019,vol. IX

9.          Constituent Assembly Debate, p 1015, Vol IX

10.       Constituent Assembly Debate, p 1024, Vol IX

11.       Constituent Assembly Debate, p 1028, Vol IX