Largely unnoticed by even the vibrant media of the Northeast, the Government of Assam has been successfully implementing a novel scheme of decentralised governance to benefit every ‘distinct ethno-cultural’ group that might hold lessons for Eastern India and other parts as well. Let us look at the facts. There are three areas of Assam under the Sixth Schedule of the Constitution namely, Karbi Anglong, Dima Hasao and Bodoland Territorial Region, where the Autonomous Councils function, exercising authority to enact land laws, levy taxes, fees and tolls on buildings, vehicles, boats etc., and administer subjects listed in the Sixth Schedule. These elected autonomous district councils are legislative bodies enjoying the authority to make laws in respect of 10 subjects listed under paragraph 3 of the Sixth Schedule which extend to the regulation of trading by tribals in the area, inheritance of property, land and forests other than the reserved forests, establishment of village and town committees, regulation of shifting cultivation, any canal or watercourse; and adjudication of disputes by the council courts as per the customary tribal laws involving tribals covering a wide range of subjects: The Gauhati High Court is the appellate authority in all such cases. The fact that land and forests other than the Reserved Forests are ‘Council subjects’ is seen as ‘the Government’ by the inhabitants, as the Assam legislature cannot enact laws in respect of the District Council subjects. Further, the constitutional provision that all legislation passed by the council under paragraph 3 is to be submitted to the Governor for assent or further action goes to confirm the impression.
One must note here that following constitution Amendment Acts of 1995 additional powers to make laws in respect of 15 more subjects were given to Karbi Anglong and North Cachar Hills autonomous District councils; and following Bodo Accord and extension of the Sixth schedule to Bodoland Territorial Council under the aegis Constitution (Amendment) Act 2003 additional powers to make laws in respect of 40 subjects were assigned to Bodoland Territorial Council without prejudice to the provisions of paragraph 3 of the Sixth Schedule. These provisions have enabled the 3 Sixth schedule areas to function virtually as states and made Assam a de facto ‘federation of autonomous councils’ from 1950.
One must note that even though maintenance of law and order is the state responsibility in the Sixth Schedule areas exercisable by the District Magistrate, in reality the Chief Executive and members of the Council are always kept in the picture.
It may be recalled that the Sixth schedule of the constitution as originally enacted provided for Autonomous District councils in the Hill areas of Assam only because under the government of India Act 1935, these were “excluded” or “partially excluded” areas meaning that the administration of these areas was kept outside the scheme of the provincial autonomy allowed under the aforementioned Act.
In this background, the phased creation of 10 Autonomous Councils under state laws during 1995 to 2013-15 for areas largely inhabited by Sixth Scheduled Tribes of Plains Areas, viz., Rabha Hasong, Mising, Tiwa, Deori Kachari, Thengal Kachari, and Sonowal Kacharis, was a bold policy initiative as they formed important segments of the population in the districts they inhabit, which was the basis of the formation of the Autonomous Councils. Under this, only executive power and not the power to make laws as in the Sixth Schedule Autonomous District Councils has been given to the elected Autonomous Councils to deal with as many as 34 “development subjects” such as agriculture, animal husbandry and veterinary, education up to higher secondary, roads, cooperatives, and public health engineering and consequently, the functionaries of these line departments work under the dual control of the Autonomous Councils as well as their line department at the state and district levels. The state government has also been providing additional funds to the departments functioning in these areas. This “additive” is seen as the outcome of a grant of autonomy and welcomed by all as an extra push to development.
The success of these 6 Autonomous Councils has encouraged the Government of Assam to create 4 more such Autonomous Councils in 2020 under 4 state laws for all round development of Moran and Matak of Upper Assam, Koch Rajbanshi communities of Lower Assam and welfare of Bodo Kachari tribes living outside the Sixth schedule areas of Bodoland Territorial Council.
The broad objective of these 10 Autonomous Councils is to expedite development of the area and inclusive growth as seats in the council are reserved for women and other communities. in the areas as well.
Over and above these three Sixth Schedule and 10 Autonomous Councils, 30 Development councils were notified and put in place with additional funds and a mandate for the upliftment of the listed 30 ethno-lingual communities covering even Bengali and Hindi-speaking people, Gurkhas, Adivasi tea labour migrant communities and Hill tribes of Barak Valley, caste groups like the Nath Jogi, Sut, and sections of Muslims such as the Maimal Muslims of Cachar. Interestingly, development councils for the Brahmins and the Kalitas of the “general” category have been functioning, which must be unique in the country. These steps seem to be well in tune with P.M. Modi’s vision of ‘Sabka Sath Sabka Vikas’ meaning progress of all.
It appears, however, that though these autonomous bodies were put in place from 2013 to 2015 and gained momentum in 2020 no evaluation of the work of these bodies is possibly in public domain carried out by institutions such as the Indian Institute of Public Administration, Delhi or any research body in the northeast. It thus merits the attention of the NITI Aayog or the North Eastern Council based in Shillong, as the findings of such evaluation might provide useful inputs for improving the functioning of these autonomous bodies.
This has acquired some urgency as the strategic implications of the formation of the Kamatapur Autonomous Council could be far-reaching. First, its coverage of the undivided Goalpara district, other than the areas under the Bodoland Territorial Council and Rabha Hasong Autonomous Council, has given the Koch Rajbanshi people a territorial identity in Assam. Second, since the idea of Kamatapura as the homeland of Koch Rajbanshi people extends to adjacent areas of West Bengal districts of Coochbehar, Jalpaiguri and parts of North Bihar, this move may give a boost to the demand for a separate Kamatapura state encompassing these areas. Third, the council may be a good platform for assertion of the linguistic identity of the Koch Rajbanshi people, as seen in the work of Koch Rajbanshi Sahitya Sabha of Assam and the recent release of books in the Rajbanshi language in Assam.
It may give an impetus in the same way to Rabha and Mech people of adjacent West Bengal districts to strengthen their ethnic and cultural links with their folks in Assam, which may generate a demand for autonomy in West Bengal too.
Thus, seen from a strategic perspective, the establishment and functioning of the autonomous councils under state laws and policies in Assam covering a large portion of the state’s area and population will have a bearing on the entire region served by the Siliguri Corridor—North Bengal, Sikkim, Nepal, and Bhutan and therefore merits due diligence for ensuring development with security.
The author is a retired IAS officer of Assam Meghalaya cadre who had served as the Planning and Financial Advisor NEC, Revenue Commissioner Assam and was a member of the Academic Council of the National Defence College, New Delhi.