UNION AND STATE

UNION AND STATE

DELHI: LG’S ROLE RE-DEFINED GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2021

The Act amends the Government of National Capital Territory of Delhi Act, 1991. It provides a framework for the functioning of the Legislative Assembly and the government of the National Capital Territory (NCT) of Delhi. It amends certain powers and responsibilities of the Legislative Assembly and the Lieutenant Governor.

Key Provisions related to administration of Delhi:

1. India had four kinds of states post-independence (A, B, C, and D), with the last two being administered by Chief Commissioners or Lieutenant Governor. The reason for such centralisation was:
   • It was felt that if Delhi (Part C) became a part of any constituent State of the Union, that State would sooner or later acquire a predominant position in relation to other States.
   • Deemed to be vital in the national interest as the recognition of full Statehood would increase conflicts between State and Centre.
2. State Reorganization Act: In 1956, when the Constitution of India was amended to implement the provisions of the States Reorganisation Act, Delhi was put under Union Territories.
3. The Delhi Administration Act, 1966 provided for a limited representative Government in Delhi through a Metropolitan Council.
4. 69th Constitutional Amendment Act: It was enacted based on the recommendations of the Balakrishnan Committee. The act introduced Articles 239AA and 239BB in the Constitution. The key features are:
   • It established Union Territory of Delhi with a legislative assembly.
   • The administrator appointed is designated as the Lieutenant Governor (LG). There shall be a council of ministers to aid and advise LG.
   • Provisions of public order, police, and land are not under the jurisdiction of the Delhi government. The Centre will maintain these provisions.
5. Article 239AA (4): It mandates that in case of a difference of opinion between the LG and the Council of Ministers, the LG has to refer the issue to the President.
   • Until the decision is pending before the President, the LG can use his discretion to take immediate action if urgency requires him/her to take an action.
6. The GNCTD Act 1991: It was passed to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital. The act outlines a few important provisions such as:
   • The powers of the Assembly.
   • The discretionary powers enjoyed by the LG.
   • Duties of the Chief Minister with respect to the need to furnish information to the LG.

Important features of the Government of National Capital Territory of Delhi (Amendment) Act, 2021

Objective of the Amendment Act:

• To make it more relevant to the needs of the Capital;
• Define the responsibilities of the elected Government and the Lt. Governor (LG); and,
• Create a harmonious relationship between the Legislature and the Executive.

Need for Amendment/Significance of the Amendment

1. To give effect to Supreme Court Judgement: The Objects and reasons of the Amendment Act specify that it seeks, inter alia, to clarify the expression “Government” in order to give effect to the interpretation made by Hon’ble Supreme Court in the Govt. of NCT of Delhi v. Union of India (2018).
2. To ensure consonance with other established principles/laws:
   • In consonance with status of Delhi: Delhi is not a full-fledged State. It is essentially a Union Territory whose head, as declared under the Constitution, is the LG.
   • In consonance with General Clauses Act, 1897: Proposed amendments are in line with the General Clauses Act, 1897, which states that the head of the Central Government is the LG.
   • President and that of the State Government is the Governor. He said that since Delhi is a union territory, its head shall be the LG by the same analogy.
3. Improved Governance
   • Good Governance: Proposed restrictions on the powers of the Delhi Legislative Assembly are concerned, he said that the same are only being standardized by bringing them in line with the Lok Sabha rules as part of “good governance”.
   • Improved implementation of schemes: The Amendment would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi.
4. Does not alter the responsibilities of elected government: The amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected Government to take necessary action, in respect of the subjects transferred to them in the State and Concurrent Lists of the Constitution of India, including subjects such as health, education, etc.
5. To improve administrative functioning: The Supreme Court in 2018 judgement had said it is incumbent on Delhi Government to inform the Lieutenant Governor of its decisions. Some clarification is needed as it is necessary to remove the administrative uncertainties in order to improve administrative functioning.

Issues with the Act

1. Impact on status of elected Delhi Government
   • Reduces elected government to a mere vestigial organ: It elevates centrally appointed LG to the position of a Viceroy with plenipotentiary powers.
   • Proxy Government: Government is trying to seize the powers of elected representatives in Delhi in order to run a “proxy Government” by handing over all the powers to a nominated LG.
   • Impact on demand for statehood: Delhi has a long history of demand for complete statehood. Reducing the status of elected government will act as a blow on the demand of statehood.
2. Constitutional challenges
   • Interpretation over conscience of Constitution: As opposed to centralism, a balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom without any unsolicited interference from the Central Government with respect to matters which exclusively fall within their domain. Interpretation cannot ignore the conscience of the Constitution.
   • Against the spirit of Constitution: Article 239AA(6) of the Constitution which states that “the Council of Ministers shall be collectively responsible to the Legislative Assembly”. This being the position of the Constitution, there is no scope for the Government to make the Council of Ministers responsible to the LG by seeking his opinion for implementation of its orders.
   • Violation of doctrine of pith and substance: By curtailing the powers of the Delhi Assembly and subordinating the executive power of the elected government to the Lieutenant Governor, Parliament has negated the provisions of Article 239AA of the Constitution without amending the Constitution, but merely through amendments to the GNCTD Act. This is bad in law.
   • Against the basic structure doctrine:
     • Violation of separation of power: Basis of the amendment is to overrule a recent Supreme Court judgment by Parliament takes over of judicial functions.
     • Federalism: The dangers of unilateral decision-making to establish a culture of unitary politics will put federal democracy in danger. This would violate the basic structure of the Constitution.
3. Against Supreme Court interpretations
   • Govt. of NCT of Delhi v. Union of India (2018): Democratically elected Government shall have adequate powers, and in matters of difference of opinion between Council of Ministers and Lieutenant Governor, power to refer to President shall be an exceptional option and only applied to uphold constitutional morality.
4. Administrative Issues
   • May induce administrative chaos: Wider scope of administrative breakdown when democratic Government is replaced by a nominee of the Central Government, who will occupy the office at its pleasure.
   • Unrepresentative administration: Delhi ruled by an appointed LG, who can only be changed if the rest of the country decides to change the Central Government.
   • Slow decision making: Government may become non-functional, with the elected government waiting for approval of the LG for implementing its decisions.
5. Other Issues
   • Implications of India’s global image: Delhi is India’s image and an undemocratic administrative breakdown in Delhi dents India’s global ambitions as a leader of democracy.
   • Effect on democratic rights: Nullifies the democratic rights of the citizens of Delhi by giving overreaching powers to the Lieutenant Governor, effectively wresting control away from the city’s elected government.
   • Larger impact on federalism: This move will not only paralyse governance in Delhi, much to the detriment of public interest, but also have grave repercussions on how federal governance is carried out in India.
   • No real justification: The government has no reason to “concentrate all powers of governance” merely because Delhi is India’s capital.

The Act could be referred to a select committee and work on evolving consensus in such matters would be consistent both with federalism as well as the high principles laid down by the Supreme Court. A mixed balance has to be struck considering the special status of Delhi and fundamental concerns as Delhi being the National Capital. The Act must uphold the principles of participative democracy, cooperative federalism, collective responsibility to the House, and constitutional morality.

ONE NATION, ONE LANGUAGE

Recently, on the occasion of Hindi Divas, the Union Minister of Home Affairs, Amit Shah, made a comment regarding the ideology of “One nation, one language”. He said: “Today, if one language can do the work of uniting the country, then it is the most spoken language, Hindi”. This has revived the debate of imposition of Hindi under the name of one nation one language.

Constitutional Provisions

• Article 343(1): The official language of the Union shall be Hindi in Devanagari script.
• Article 351: Gives power to the Union Government to issue a directive for the development of the Hindi language.
• Articles 120 and 210: The choice of languages that can be used in parliament and state legislature sessions are Hindi and English, respectively.
• Article 29: Gives every Indian the right to preserve and protect their distinct language, script, and culture.

Argument in Favour

1. Social
   • Majorly Spoken: Almost 70% of people speak and understand the Hindi language.
   • Represent Indian culture: Hindi language represents our composite culture, so it is important that our country has a language which everyone knows.
   • Identity for India: As India is a country of different languages, one common language would reflect the identity of India in the world.
   • Connecting language: One Indian language should connect the different people from different states.
2. Political
   • Easy Movement: There will be easy movement of people throughout India without any language barrier.
   • For effective administration: Difficulty faced by central government employees in communicating with local society people.
   • National Language: May work as a binding force for the nation and may promote a larger national identity.
3. Economical
   • Removing impediments in the development: Removing linguistic barriers will increase more opportunities of trade among people and also increase intra-state trade.
   • Attract talent around the world: A uniform national language would make it easier for foreigners to learn and work in India, which will be helpful to attract the best talent globally.
4. International
   • Indian representation: India is a country of different languages, and every language has its own significance, but it is very important to have one language which represents India. For example, the UN recognizes Chinese as one of the official languages.
5. Technical
   • For leveraging technology: If India adopts a national language, it might automatically become the largest spoken language, thus giving numerous opportunities to software developers to create many applications in the national language.

Argument Against

1. Social
   • Affect learning ability: It can affect the learning ability of non-Hindi speakers, thereby impacting their self-confidence.
   • Threat to linguistic identity: It can also endanger other languages and dialects and reduce diversity. National integration cannot come at the cost of people’s linguistic identities.
   • Foreign concept: “One nation, one language” is a European idea, whereas India has always believed in unity in diversity.
   • Threat to mother tongue: The People’s Linguistic Survey of India reports that 220 Indian languages have disappeared in the last 50 years, and another 150 could vanish in the next half-century.
   • Affect communicative ability: Language is at the core of an individual’s identity. It is in a language that an individual conceptualizes and communicates thoughts, enabling active participation in society.
2. Political
   • Against constitution: It is against the spirit of the Constitution, which made Hindi an official language so that it would only serve as a linking language and was not to be imposed on non-Hindi speaking states.
   • Against 8th schedule: Imposing Hindi as a national language is against the Eighth Schedule, which comprises a list of official languages, and the government is under obligation to ensure their development.
   • Alienation and political unrest: Imposition of one language will alienate non-Hindi speaking people due to fear of cultural encroachment. The Dravidian movement was started in the 1960s on these lines.

• Several pro-Kannada organisations took to the streets in Bengaluru and other places in Karnataka to protest the union home minister’s proposal of “One Nation, One Language”.
• Affect federalism: Such policies threaten the diversity and federalism of India. The states’ fear of the central government’s ideology of monopolizing faith, education, and language will adversely affect the Indian political system.
• Affect equality of opportunity: Language is the most important tool of participation in the polity of the state, and not being able to speak the dominant language of a state can have a serious impact on an individual’s employment, educational, and recreational opportunities.

1. Psychological
   • Extra burden: It adds an extra burden on non-Hindi speaking states as they have to learn a new language, while Hindi-speaking states need not.
   • Fear of losing identity: The fear of losing identity may create a feeling of insecurity among people and may also fuel communalism and regionalism.

Way Forward

• Respect plurality in our culture: To preserve our ancient philosophy, our culture, and the memory of our freedom struggle, it’s important that we strengthen our local languages simultaneously without being biased towards any one language.
• Protect Unity & Integrity: The need today is to respect, protect, and nurture the diversity of our nation so that unity is ensured and it lies in the quality of unity and togetherness.
• Kothari Commission: The three-language formula envisaged by the Kothari Commission suggested that Hindi should be introduced in non-Hindi-speaking states from an early stage, and Hindi-speaking states should introduce a non-Hindi Indian language.
• Consensus of all states: Nationalizing Hindi needs the consensus of all the states, which is a difficult task as they have strong pride in their regional languages. It should be left to the will for the promotion of Hindi by providing some incentives.
• Unity in diversity: Any coercive attempts to proceed will end up in protests throughout India and cause immeasurable damage to the spirit of nationalism. Unity in diversity is an inherent feature of this country that should be protected and promoted.

Conclusion

• According a hegemonic role to the “most-spoken” language in the country may promote cultural homogenization, but that is hardly desirable in a country with a diverse population, a plural ethos, and a cauldron of many languages and cultures.
• Further, national identity cannot be linked to any one language, as it is, by definition, something that transcends linguistic and regional differences.
• The need today is to respect, protect, and nurture the diversity of our nation so that unity is ensured.

5TH SCHEDULE AND 6TH SCHEDULE

Article 244 of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.

• 5th Schedule of the Constitution: It deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura, and Mizoram.
• 6th Schedule of the Constitution: It deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
• Fifth and Sixth Schedule of the Constitution are called “Constitution within the Constitution, or miniature Constitutions, for certain scheduled areas of India” [Former CJI M. Hidayatullah].

Features of 5th Schedule

1. Executive power of the State: It extends to the Scheduled Areas located in such State. The power of ‘administration and control’ of the state extends to these areas.
2. Declaration of Scheduled Areas: Scheduled Areas may be declared by the President, by order, and it provides that he may, by order, direct the cesser of such area, increase or alter such area, and rescind any order.
3. Power of Governor:
   • Legislative powers: The Governor is vested with enormous legislative powers. He has to make a report annually and submit it to the President of India regarding the administration of the Scheduled Area.
   • Applicability of Acts: The Governor is empowered to direct that any particular Act of Parliament or State Legislature shall not apply to the Scheduled Area of that state or shall apply subject to exceptions and modifications.
   • Peace and Good Government: The Governor has the power to make regulations for the ‘peace and good government’ of a Scheduled Area.
   • Regulations for restriction of transfer of land, etc.: The Governor has the power to make regulations to restrict/prohibit the transfer of land by or among members of Scheduled Tribes, regulate the allotment of land, and money-lending, subject to the assent of the President.
4. Power of Central Government: The executive power of the Central Government extends to giving directions to the State government for the administration of these areas.
5. Tribes Advisory Council (TAC):
   • Members: Not more than 20 members, of whom at least three-fourths must be drawn from the elected representatives of the Scheduled Tribe communities in the State Legislature.
   • Main functions: Provide advice to the Governor on matters relating to the “welfare and advancement of Scheduled Tribes” in the State. It is compulsory for the Governor to consult the TAC before making any regulations relating to governance in the Scheduled Areas.
6. Amendment: Provisions in the 5th Schedule may be amended, altered, or repealed by Parliament, and no such amendment will be construed to be an amendment to the Constitution under Article 368.
7. Alteration in Scheduled Areas: With regard to Scheduled Areas, it is only the President who can make any alteration, which will include or exclude any part of the territory of India from the Fifth Schedule.
8. Criteria for declaring Scheduled Areas: The First Scheduled Areas and Scheduled Tribes Commission (Dhebar Commission) laid down the following criteria:
   • Preponderance of tribal population, which should not be less than 50%;
   • Compactness and reasonable size of the area;
   • Underdeveloped nature of the area,
   • Marked disparity in the economic standard of the people, as compared to the neighboring areas. 
   • Available administrative entity such as district, block or taluka. 

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996

The provisions of Part IX of the Constitution relating to the Panchayats are not applicable to the 5th Schedule areas. However, Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the PESA Act.

Objectives of the Act

• Applicability: To extend the provisions of Part IX of the Constitution relating to the Panchayats to the scheduled areas with certain modifications.
• Self-rule: To provide self-rule for the bulk of the tribal population.
• Participatory democracy: To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities.
• Administrative frameworks: To evolve a suitable administrative framework consistent with traditional practices.
• Tribal customs: To safeguard and preserve the traditions and customs of tribal communities.
• Empower Panchayats: To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements.
• Prevent usurpation of powers: To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha.

Features of PESA Act

1. In consonance with customary practices: A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law and practices.
2. Village: A village shall ordinarily consist of a habitation comprising a community and managing its affairs in accordance with traditions and customs.
3. Gram Sabha: Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.
4. Responsibility of Gram Sabha: To approve projects for social and economic development before they are taken up for implementation by the Panchayat; and to be responsible for the identification of beneficiaries under government programmes.
5. Certificate of fund utilization: Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilization of funds for the above projects.
6. Reservation of seats: The reservation for the Scheduled Tribes (STs) shall not be less than one-half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.
7. Nomination of Scheduled Tribes: The state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or at the district level. But it should not exceed 1/10th of the total members to be elected.
8. Power of Panchayat/Gram Sabha: The recommendations of the Gram Sabha or the Panchayats at the appropriate level are required for:
   • To be consulted for Land Acquisition: For development projects and before resettling or rehabilitating persons affected by such projects in Scheduled Areas.
   • Minor water bodies: Planning and management of minor water bodies.
   • Mining lease: Grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas.
   • Minor minerals: Grant of concession for the exploitation of minor minerals by auction.
   • Intoxicant: Power to enforce prohibition or regulate consumption of any intoxicant.
   • Minor forest produce: The ownership of minor forest produce.
   • Land alienation: Power to prevent alienation of land in the Scheduled Area and to take appropriate action to restore any unlawful alienation of land of a Scheduled Tribe.
   • Village markets: Power to manage village markets.
   • Money lending: Power to exercise control over money lending to Scheduled Tribes.
   • Control over social sectors: Power to exercise control over institutions and functionaries in all social sectors.
   • Controlling local plans: Power to control local plans and resources, including tribal sub-plans.
9. Pattern of 6th Schedule
   • The State Legislature shall endeavour to follow the pattern of the Sixth Schedule while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.
10. Acts inconsistent with PESA
    • The PESA Act prohibits the legislature of a State from making any law under that Part which is inconsistent with any of the features laid down in the central Act. This may be viewed as the most crucial part of the Act.

Importance of 5th Schedule and PESA, 1996

1. Socio-cultural importance
   • Protecting cultural distinctiveness: The basic thrust of the fifth schedule of the constitution is the protection of cultural distinctiveness of tribes.
   • Maintaining tribal identity: It provides protection to the tribes on account of their economic disadvantages so they can maintain their tribal identity without coercion or exploitation.
   • Protecting interests of tribal population: It is aimed towards making the State responsible for the promotion of educational and economic interests of tribals.
   • Prevent exploitation: It aims to provide social justice to the tribals and prevent exploitation of any kind.
   • Undo historical injustice: The provisions of PESA appeared to come as a saviour designed to erase the historical injustice done to the Adivasi community.
2. Self-governance
   • PESA was perceived as a restoration of their dignity and tradition of self-governance, symbolised by ‘Mava Nate Mava Raj’ (Our Village, Our Rule).
3. Constitutional body
   • The Tribes Advisory Council (TAC) is formed by the provisions of the Fifth Schedule, and it holds the status of a constitutional body.
4. Special Assistance
   • The Central Government provides special financial assistance to states under Article 275 for the implementation of schemes that would lead to the development of Scheduled Tribes.

Issues with 5th Schedule and PESA, 1996

1. Issues with Tribal Advisory Council (TAC)
   • No sou-motu advice: TAC does not render advice to the Governor sou-motu but only when asked by him to do so.
   • Non-binding advice: Advice tendered by TAC to the Governor is not binding upon the Governor.
   • Dilution of TAC’s role: PESA mandates TAC to oversee tribal affairs and gives extrajudicial, extra-constitutional powers to Governors to intervene in matters where they see tribal autonomy being compromised.
   • Conflict of interest: Appointment of ministers from tribal communities as members of TAC can present a conflict of interest.
2. Structural issues
   • Lack of powers: Creation of TACs without any powers, unlike the ADCs, which have legislative and financial powers to some extent.
   • Lack of clarity: Lack of clarity on the composition of TAC, especially the remaining one-fourth of the membership of the TAC.
   • Reduced role of Governor: Reduction of the Office of Governor to a mere annual report-writing institution to the President on the affairs of scheduled areas, rather than utilising it as the guardian of constitutional governance.
3. Issues with PESA, 1996

Administrative issues:

• Denial of permissions: No Gram Sabha can hope to function without going through revenue officers at various levels, and in a majority of cases, required sanctions are denied by inordinate delays or outright refusals.
• Bureaucratic attitude: The adamant and ‘different-from-others’ attitude of the bureaucracy are bottlenecks in effecting decentralisation.
• Nexus and collusion: Most of these regions are resource-rich, leading to extensive collusion between politicians, bureaucrats, and private companies, displacing scores of tribals from their land.
• Lack of coordination: At the central level, two ministries (Ministry of Panchayati Raj and Tribal Affairs) have an overlapping influence on the implementation of PESA.

Legislative issues:

• Either-or option: PESA has provided for an “either-or option” between gram sabha and panchayat while deciding certain matters. This has legitimised centralising drives of state legislatures for divesting the gram sabha of control and authority over such issues.
• Overridden by State Acts: For example, in Odisha’s panchayat laws, there is a chapter titled ‘Control’ that endows powers to bureaucrats to exercise control over various types and degrees within the panchayats.
• Non-formulation of Rules: Four states—Chhattisgarh, Jharkhand, MP, and Odisha—have not framed the rules yet, while Gujarat used the rules of the Panchayati Raj Act to manage the 5th scheduled areas. Thus, the official system has not been operationalised.
• Lack of clarity: Terms like minor water bodies and minor minerals have not been defined, leading to ambiguity and scope of interpretation by the bureaucracy.

1. Other issues
   • Tribal Assertion: The state brands every ‘tribal assertion’ as an instigation. In the name of law and order, such assertion has been brutally suppressed.
   • Against federal principles: It opens the doors for the Union government to control the scheduled areas in the name of welfare and administration through the Governor’s office. This poses a serious deficit in the context of democratic ethos and governance.

Note: Adivasi self-rule will be possible only if there is conscious community mobilisation at the grassroots level in support of this. Macro-level policies since independence have led to the decay of the traditional communitarian practices of the Adivasis, so a revival will have to be attempted at a decentralised level by the Adivasis themselves.

Features of 6th Schedule

1. Autonomous Districts (ADCs): The tribal areas in the four states of Assam, Meghalaya, Tripura, and Mizoram have been constituted as autonomous districts. However, they do not fall outside the executive authority of the state concerned.
2. Power of Governor:
   • Organising ADCs: The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas, change their names, or define their boundaries and so on.
   • Autonomous regions: If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.
   • Commission for ADCs or regions: The governor can appoint a commission to examine and report on any matter relating to the administration of ADCs/Regions.
3. Composition of ADCs:
   • Members: Each ADC has a district council consisting of 30 members, of whom 4 are nominated by the Governor and the remaining 26 are elected on the basis of adult franchise.
   • Term: The elected members hold office for a term of five years and nominated members hold office during the pleasure of the governor.
4. Regional Council: Each autonomous region also has a separate regional council.
5. Power of District and Regional Councils:
   • Jurisdiction: The district and regional councils administer the areas under their jurisdiction.
   • Legislative powers: They can make laws on land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs, etc. However, such laws require the Governor’s assent.
   • Village Councils: Within their territorial jurisdictions, they can constitute village councils or courts for the trial of suits and cases between the tribes. The jurisdiction of the high court over these matters is specified by the governor.
   • Power of taxation: They are empowered to assess and collect land revenue and impose certain specified taxes.
   • Other powers: The district council can establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, and roads. It can also make regulations for the control of money lending and trading by non-tribals, but such regulations require the Governor’s assent.
6. Centre and State Acts: The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

Importance of 6th Schedule

1. Non-applicability of Citizenship Amendment Act: Implying that refugees can neither reside nor settle in the 10 ADCs, nor enjoy benefits extended to the tribals, even if they are provided with Indian citizenship. Further, the laws made by ADCs with the powers bestowed upon them by the Sixth Schedule will not be scrapped by the CAB.
2. Socio-cultural benefits:
   • To protect tribal identity: Policy of non-interference and internal self-determination in the region to protect the distinctiveness of the tribes and to preserve their cultural rights.
   • Panchsheel principles: To ensure development according to the Panchsheel Principles of Nehru.
   • Ethnic security: The mandate towards devolution, de-concentration, and divestment determines the protection of their customs, better economic development, and most importantly, ethnic security.
3. Minimal state interference: ADCs exercise legislative, executive, as well as judicial powers. For example, laws of inheritance, marriage, contracts, etc., are governed by separate laws made by District/Regional Councils. Even IPC is not applicable to the tribes living in District/Regional Councils.
4. Self-governance: The tribes and the District/Regional Councils have remained largely independent, steeped in self-governance.

Issues with 6th Schedule

1. Violation of fundamental rights: By discriminating against non-tribals, the 6th Schedule violates their right to equality before the law (Article 14), right against discrimination (Article 15), and right to settle anywhere in India (Article 19) and eventually the right to life and personal liberty (Article 21).
2. Socio-cultural issues:
   • Migration: For example, riots in Meghalaya against non-tribals have driven many of them out of the State, with their share of the population dwindling from 20% in 1972, when the hill state was carved out of Assam, to 14% in 2011.
   • Social cleavage: Due to the violation of rights of non-tribals, there have been constant riots between tribals and non-tribals. For example, in Meghalaya.
   • Excessive emphasis on tribal exclusivity: This may mar their assimilation into the mainstream, without which they tend to remain isolated and hence disadvantaged, defeating the very purpose of the Fifth and Sixth schedules.
3. Governance issues:
   • Conflict of Interest: There are frequent conflicts of interest between the District Councils and the state legislatures. For example, in Meghalaya, despite the formation of the State, the whole state continues to be under the 6th Schedule, causing frequent conflicts with the State Government.
   • Lack of political mobilization: Mainstream parties with regionalism, localism, and communism as political ideology have dragged down developmental work. People here have low political participation.
   • Platform for politicians: In case of conflict between Councils and the State Legislature, the state enjoys superiority, making councils a mere platform for aspiring politicians for bigger posts in the future.
   • State within state: The District/Regional Councils are somewhat like ‘states within a state’ with starkly independent governance.
   • Issues with Councils [Xaxa Committee]:
     • Lack of funding: Powers given to the Councils in legislative fields have not been matched with financial autonomy.
     • Areas of control: All the activities and departments under the control of the Councils under the 6th Schedule have not yet been transferred to them.
     • Reconstitution of ADC: There is no mandatory time limit for reconstitution of the ADC once it is dissolved, leading to indefinite election postponement.
     • Lack of inclusiveness: Unlike Panchayats formed under the 73rd Amendment, Councils do not have any provision for reservation for women.
     • Demographic change: The demographic change is no longer reflected in the representative structure of the ADCs. Unless reviewed comprehensively, the 6th Schedule could become one of the chief sources of future conflicts in the region.
   • Customary laws: While customary laws are protected by the 6th Schedule, they are not codified.
   • Corruption and illicit activities: Some members of autonomous councils are allegedly helping siphon money to extremist group factions. For example, the North Cachar autonomous council is under scrutiny by NIA and CBI.
4. Economic issues:
   • Deters economic development: Inner Line Permit deters investments and tourism in the region, hampering economic development.
   • Funding issues: Due to the absence of Finance Commission devolution of funds, 6th Schedule areas live by the mercy of government funds.

Way Forward

125th Constitutional Amendment Bill:

• Village and Municipal councils: The amendment provides for village and municipal councils, ensuring democracy at the grassroots level in addition to the District and Regional Councils.
• Powers of Village and Municipal council: They will be empowered to prepare plans for economic development, land improvement, implementation of land reforms, urban and town planning, etc.
• Power of Finance Commission: It will be mandated to recommend devolution of financial resources to these councils.

DEMAND OF 6TH SCHEDULE STATUS

The 6th Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram to safeguard the rights of the tribal population in these states.

Constitutional Provisions: This special provision is provided under Article 244(2) and Article 275(1) of the Constitution. Recently, a demand has been raised in Parliament to include the UT of Ladakh in the 6th Schedule of the Constitution to safeguard land, employment, and cultural identity of local people.

Rationality behind the Special Arrangements

• Different way of life: The tribes in Assam, Meghalaya, Tripura, and Mizoram have not assimilated much into the life and ways of the other people in these states. These areas have historically been anthropological specimens.
• Old roots and customs: The tribal people in other parts of India have more or less adopted the culture of the majority of the people. The tribes in these states, on the other hand, still have their roots in their own culture, customs, and civilization.
• Different constitutional view: Therefore, these areas are treated differently by the Constitution, and a sizeable amount of autonomy has been given to these people for self-government.

Current Incidences

1. Recent Resolution in Arunachal Assembly: Recently, the Arunachal Assembly unanimously passed a resolution for the entire state to be included in the Sixth Schedule of the Constitution.
   • Reason cited: The Sixth Schedule provides protection of tribal people’s rights in the Northeast. Arunachal is the only state left out without any protective provisions for its tribal communities under the Indian Constitution.
2. Status of Arunachal Pradesh: Currently, Arunachal Pradesh is under the Inner Line permit system and does not fall under either the 5th or 6th Schedule.

Reason for the Demand of Sixth Schedule

1 Judicial Autonomy:

• Judicial Power: The district and regional councils within their territorial jurisdictions can constitute village councils or courts for the trial of suits and cases between the tribes. The jurisdiction of the high court over these suits and cases is specified by the governor.

2. Legislative and Political Autonomy:

• Freedom to exercise legislative and executive power: The tribals have been given freedom to exercise legislative and executive powers through autonomous regional councils and autonomous district councils (ADCs).
• No application of CAA: The Act specifies that the provisions on Citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution.

3. Civil Autonomy

• Civil power: The ADCs are empowered with civil powers. They can also make laws on matters like land, forests, fisheries, social security, etc., with due approval from the governor.
• Can approve infrastructure project: The district council can establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, and so on in the district.

4. Financial Autonomy

• Control over money lending and trade: It can also make regulations for the control of money lending and trading by non-tribals.
• Authority to collect tax: The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.
• Ownership rights: Inclusion of the state under the 6th Schedule would enable the state to own the legitimate ownership rights over its own natural resources and make it self-sufficient without having to depend too much on central grants.

Role of Governor

• Not outside authority of state: The 6th Schedule area does not fall outside the executive authority of the state concerned.
• Power to change boundaries: The governor is empowered to organise and re-organise the autonomous districts. He can increase or decrease the areas of autonomous districts, change their names, or define their boundaries.
• Can divide autonomous region: If there are different tribes in an autonomous district, the governor can also divide the district into several autonomous regions.
• Can appoint Commission: The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions. He may dissolve a district or regional council on the recommendation of the commission.

Issues

1. Political

• Undermining of Constitutional Principles: The 6th Schedule discriminates against the non-tribal residents in various ways and infringes upon their fundamental rights, like the right to equality, right against discrimination, and the right to settle anywhere in India.
• Against Art 21: Many non-tribals continue to live in the shadow of violence, making a mockery of the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution.
• Multiple Centres of Power: It has created multiple power centres instead of bringing in a genuine process of autonomy in the region.

2. Institutional

• Overlapping of functions: There is much duplication of functions between district councils and the state despite separate demarcation of functions.
• Ad-hoc envisioning: The district council lacks support from experts and planning professionals, resulting in ad-hoc envisioning of projects without due consideration to financial and technical aspects.
• Corruption: Mishandling of funds by many autonomous district councils due to a lack of monitoring and inspection mechanisms.
• Governor role conflict: There is a conflict in opinion on the role of the governor—whether he should play his role based on his own individual discretion or based on the advice of the council of ministers of the state.
• Resource crunches: Many autonomous councils suffer from financial resources and are burdened with more responsibilities than the availability of resources to fulfill their duties.

3. Social

• Conflict with custom laws: Customary laws are not codified, which creates problems in the protection of tribal people.
• Violence between tribal and non-tribal: There have been cases of repeated bouts of riots between tribals and non-tribals. This has driven many non-tribals out of the northeastern states.
• Conflict among ethnic groups: Northeast India is rich in diverse ethnic groups with a unique historical and structural background. For the preservation of their ethnic and cultural uniqueness, these groups have been consistently involved in conflict-like situations.

4. International

• Conflict with Act-East Policy: The restrictions under the Sixth Schedule act as a roadblock for the success of the Act East Policy, for which seamless connectivity and exchange within the northeastern states are essential.

125th Constitution Amendment Bill, 2019

It was introduced in the RS to amend the provisions related to the Finance Commission and the Sixth Schedule of the Constitution.

• Increase financial and executive power: It seeks to increase the financial and executive powers of the 10 Autonomous Councils in the Sixth Schedule areas of the northeastern region.
• Elected village council: The amendments provide for elected village municipal councils, ensuring democracy at the grassroots level.
• Empower village council: The village councils will be empowered to prepare plans for economic development and social justice, including those related to agriculture, land improvement, implementation of land reforms, minor irrigation, water management, animal husbandry, rural electrification, small-scale industries, and social forestry.
• Devolution of funds: The Finance Commission will be mandated to recommend the devolution of financial resources to them.

Way Forward

• Empower Village and Municipal council: Elected Village and Municipal councils should be empowered to develop economic developmental plans and ensure social justice.
• Empower Gram Sabha: Gram Sabha should be recognized under the law, and its power and functions should be adequately defined to empower them and make village councils accountable to them.
• Adequate audit and monitoring mechanism: To ensure transparency in the planning process and monitoring for the foolproof implementation of schemes and developmental programs.
• Ethnic minority representation in the council: Ensure that ethnic minorities are not excluded from representation in the council.
• Financial devolution: Proper financial resources should be provided to the autonomous village council so that it can perform its roles and functions adequately.

The Sixth Schedule has been in demand for quite a long time by states to gain more autonomy. However, its complications cannot be ruled out. The central government must take every possible effort for inclusive development of tribal areas so that they feel less alienated.

7th SCHEDULE

The 7th Schedule of the Indian Constitution is an important provision that regulates the relationship between the Centre and the State. The 7th schedule of the Indian Constitution deals with the division of powers between the Union Government and the State Governments.

Recently, Fifteenth Finance Commission chairman NK Singh has called for a thorough review of the 7th Schedule of the Constitution in the wake of current challenges of climate change and the pandemic.

Constitutional Provisions

1. 7th Schedule: It divides the subjects on which the Centre and states can make laws under the Union, State, and Concurrent lists.
2. Article 246: It deals with the 7th Schedule of the Indian Constitution, which mentions three lists named the Union List, State List, and Concurrent List, specifying the divisions of power between the Union and States.
3. Listing: The Constitution provides for a three-fold distribution of legislative subjects between the Union and the states, viz., List-I (the Union List), List-II (the State List), and List-III (the Concurrent List), described in this schedule:
   • Union List: Contains matters of national importance and those requiring uniformity of legislation nationwide. This list currently has 100 subjects (originally 97) such as defence, naturalisation & citizenship (entry 17), banking, foreign affairs, atomic energy, communication, census, etc.
   • State List: Contains matters of regional and local importance that require state-specific solutions and permit diversity of interest. It presently contains 61 subjects (originally 66) like public order, police, public health and sanitation, agriculture, local government, gambling, etc.
   • Concurrent List: Contains matters on which uniformity of legislation throughout the country is desirable but not essential. This list currently has 52 subjects (originally 47), such as criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, economic and social planning, etc.

Rational Behind List System

• Demarcation of duties and area of power: Dividing subjects into three lists provides a clear demarcation of duties and areas of power for each unit of government.
• Uniformity: Different lists for all states and the Union bring uniformity in the administration of important subjects placed under the Union list.
• Balanced regional growth: States can focus on development needs as per their local requirements, enabling them to address deprived areas.
• To reduce dispute: It was felt that such a scheme would reduce disputes over the scope of Centre-State jurisdiction. However, the distribution of legislative powers reflects the dominance of the Parliament over State Legislatures.
• Cooperative federalism: The concurrent list provides sufficient ground for cooperative federalism between the state and the union.

Issues/Reasons for Need of Reforms

1. Obsolete: The principles of the 7th schedule were taken from the Government of India Act of 1935, and today’s 7th Schedule is identical to the one in 1950.
2. Unbalanced devolution of power: Centre-state relations often come under scrutiny due to rising demands from various corners of the country for more power devolution in favor of the states.

1. Centralizing tendencies: The Indian governance system, though federal in nature, has strong central tendencies born out of various causes, such as the inertia to stay within the guidelines set by the Government of India Act of 1935 and fear of cessation.
2. Increase in central subjects: Since 1950, the 7th Schedule of the Constitution has seen several amendments. The Union List and Concurrent List have grown while subjects under the State List have gradually reduced.
   • For example: The 42nd Amendment Act (AA) was implemented in 1976, restructuring the 7th Schedule, ensuring that State List subjects like education, forests, protection of wild animals and birds, administration of justice, and weights and measurements were transferred to the Concurrent List.
3. Limited capacity of states: Some laws enacted by Parliament in the Concurrent List might require state governments to allocate funds for their implementation. But due to federal supremacy, states are mandated to comply with these laws even if they lack financial resources to do so.
4. Balance between flexibility and uniformity: Some laws leave little flexibility for states to adapt according to their needs to achieve uniformity. A higher degree of detail in law ensures uniformity across the country and provides the same level of protection and rights, but it reduces the flexibility for states to tailor the law for their local conditions.
5. Infringement in the domain of states: Some Bills may directly infringe upon the rights of states, i.e., relate to central laws on subjects in the domain of state legislatures.
   • For example: Anti-terrorist laws, the Lokpal Bill, issues with GST, and Aadhaar, where states’ powers are eroded in a subtle manner.
6. Lack of focus by commissions: Commissions that delved into Union-State relations have typically focused on other matters (such as Article 356), treating the 7th Schedule in passing. The 7th Schedule deserves independent scrutiny, asking questions on the basis of first principles.
7. Effective delivery of services: Citizens increasingly demand efficient delivery of public goods. Without the delegation of funds, functions, and functionaries—presently left to the discretion of state governments—local governments are unable to respond effectively.
8. Unclear responsibility: The recent COVID-19 pandemic highlighted issues with the distribution of subjects between the Centre and the states. The fragmented manner in which laws have been invoked showed a lack of clarity in how the Centre and states interpret their roles under the Constitution as it stands.
   • For example: The COVID-19 pandemic is primarily a health and public order issue (State subjects). Various states imposed lockdowns by invoking the Epidemic Diseases Act, 1897. However, given the highly communicable nature of the disease and to ensure consistency, the central government invoked the Disaster Management (DM) Act, 2005, to impose a blanket lockdown across the country.
9. Transgression into state subjects: Subjects such as employment and education are under the domain of states. Yet, India has justiciable legislation on employment (e.g., the Mahatma Gandhi National Rural Employment Guarantee Scheme) and education (e.g., the Right to Education Act).
10. CSS schemes: The advent of centrally sponsored schemes has necessitated central outlays in areas falling within the State List, such as agriculture.

Commission’s Recommendations to Reform the 7th Schedule

• The Rajamannar Committee: Formally known as the Centre-State Relations Inquiry Committee, suggested the constitution of a High-Power Commission to examine the entries of Lists I and III in the 7th Schedule to the Constitution and suggest redistribution of the entries.

Commission’s Recommendations to Reform the 7th Schedule

• B Das (former chief minister of Odisha): Stated the need for having general principles involved in the selection of items under Union, Concurrent, and State lists. Such principles will help us to understand the lists much better. However, it was not accepted.
• Venkatachaliah and Punchhi Commission: The National Commission to Review the working of the Constitution (Venkatachaliah Commission, 2002) and the Punchhi Commission (2010) reiterated the need for consultation and restraint by the Central Government when occupying a field in the Concurrent List.
• Sarkaria Commission: The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List. The Centre should consult the states before making a law on a subject of the Concurrent List.
• N K Singh: Chairman of the 15th Finance Commission has also often made the point of reforming the 7th Schedule, in addition to scrutiny of Article 282.

Way Forward

• Clear constitutional cobwebs: The exercise of relooking and reforming the 7th Schedule can be thought of as cleaning constitutional cobwebs, which is necessary to ensure the healthy functioning of our Constitution.
• Strengthening of Inter-State Council: Over the years, committees starting from Rajamannar, Sarkaria, and Punchhi have recommended strengthening the Interstate Council where the concurrent list subjects can be debated and discussed, balancing Centre-State powers. The ISC can be a way forward for settling inter-state frictions.
• Autonomy to states: The Centre should form model laws with enough space for states to maneuver. It should provide adequate budgetary support to states to avoid budgetary burden and limit interference in state subjects.
• Periodic review: There is a need for conducting periodic reviews of the 7th Schedule to ensure continued relevance by removing outdated entries, adding new and emerging entries, and appropriately placing existing entries after consulting all stakeholders.
• Residuary power as a last resort: Residuary powers should be used sparingly, only as a last resort and not as the primary method for completing the lists.

INTERSTATE BORDER DISPUTES IN INDIA

The Union Home Ministry (MHA) has informed that 11 States and one Union Territory have boundary disputes between them.

Current Issues

• Violence at Assam-Mizoram Border: Recently, several IED (Improvised Explosive Device) blasts were carried out inside the Cachar district of Assam, allegedly by miscreants from Mizoram. These blasts signal the re-emergence of the long-unresolved Assam-Mizoram Border Dispute.
• Resolution of Assam-Meghalaya dispute: Ahead of Meghalaya’s 50th Statehood Day celebration on January 21st, the Home Minister is expected to seal the final agreement to end the dispute in six areas of the Assam-Meghalaya boundary.
• Inter State Council: The Inter-State Council, which works to promote and support cooperative federalism in the country, has been reconstituted with the Prime Minister as the Chairman and the Chief Ministers of all the states and six Union Ministers as members. The standing committee of the Inter-State Council has the Union Home Minister as its Chairman.
• Article 131: Vests the Supreme Court with original jurisdiction over any dispute arising between the states or between the centre and state.

Current Ongoing Disputes

1. Karnataka-Maharashtra
   • Area under dispute: The Belgaum district is arguably part of one of the biggest inter-state border disputes in India. The district has large Marathi and Kannada-speaking populations and has been at the centre of a dispute for a long time.
   • Reason: The area used to be part of the Bombay presidency from the time of the British but was included in Karnataka after the states reorganisation exercise in 1956.
2. Assam-Mizoram
   • Area of dispute: Mizoram used to be a district of Assam before being carved out as a separate union territory and later, becoming another state. Because of this history, locals for a long time in Mizoram shared a border with the districts Cachar, Hailakandi, and Karimganj of Assam.
   • Reason: Over time, the two states started having different perceptions about where the demarcation should be. While Mizoram wants it to be along an inner line notified in 1875 to protect tribals from outside influence—which Mizos feel is part of their historical homeland—Assam wants it to be demarcated according to district boundaries drawn up much later.
3. Haryana-Himachal Pradesh
   • Area of dispute: The Parwanoo region has been at the centre of the border dispute between the two states.
   • Reason: It is adjacent to the Panchkula district of Haryana, and Haryana has claimed parts of land in Himachal Pradesh as its own.
4. Himachal Pradesh-Ladakh
   • Area of dispute: Himachal and Ladakh lay claim to Sarchu, an area on the route between Leh and Manali.
   • Reason: It is considered a major point where travellers stop when travelling between the two cities. Sarchu lies between Himachal’s Lahaul and Spiti district and the Leh district in Ladakh.

1. Arunachal Pradesh-Assam
   • Area of dispute: Arunachal’s grievance is that the re-organisation of the Northeastern states unilaterally transferred several forested tracts in the plains that had traditionally belonged to hill tribal chiefs and communities to Assam.
   • Reason: After Arunachal Pradesh achieved statehood in 1987, a tripartite committee was appointed, recommending that certain territories be transferred from Assam to Arunachal. Assam contested this, and the matter is before the Supreme Court.
2. Meghalaya-Assam
   • Area of dispute: The problem started when Meghalaya challenged the Assam Reorganisation Act of 1971, which gave Blocks I and II of the Mikir Hills or present-day Karbi Anglong district to Assam.
   • Reason: Meghalaya contends that these blocks formed part of the erstwhile United Khasi and Jaintia Hills district when it was notified in 1835. Meghalaya bases its case on survey maps from 1872 and 1929, while Assam relies on the rejected recommendations of the Churachand Committee.
3. Assam-Nagaland
   • Area of dispute: The Nagaland State Act of 1962 defined the state’s borders according to a 1925 notification when Naga Hills and Tuensang Area (NHTA) were integrated into a new administrative unit.
   • Reason: Nagaland, however, does not accept the boundary delineation and has demanded that the new state should also include all Naga-dominated areas in North Cachar and Nagaon districts.
4. Gujarat – Rajasthan
   • Area of dispute: Mangadh Hill, located on the border of the two states. Gujarat claims half of the hill, while Rajasthan claims the entire hill as theirs.
5. Orissa – West Bengal
   • Area of dispute: 82 villages under Jaleswar and Bhogarai blocks in Balasore district.
6. Haryana – Punjab
   • Area of dispute: Punjab and Haryana are locked over the transfer of Chandigarh to Punjab, and part of the Fazilka sub-district of Punjab to Haryana.
7. Orissa – Andhra Pradesh
   • Area of dispute: Between Orissa and Andhra Pradesh, the boundary dispute relates to 63 villages currently in Orissa. However, neither government has asked for Central intervention.

Reasons for Dispute

1. Historical

• Ancient and medieval cause: Various dynasties attempted to capture areas from all sides, leading to unclear boundary demarcations.
• British informal demarcation: The boundaries created by the British, driven by commercial interests, often ignored or suppressed the land sensitivities of local communities. These historical fault lines remain unresolved.

2. Political

• No constitutional provision: The drafters of India’s Constitution did not include provisions for a swift and binding resolution of interstate boundary disputes.
  • Example: Article 262 addresses water disputes related to inter-state rivers but lacks a comparable provision for land disputes.
• Disputes over sharing water resources: The long-standing contentious issue of sharing river waters among states.
• Vote bank politics: Politicians sometimes ignore official commission recommendations to garner votes, leaving disputes unresolved.
• Formation of new states: When states were created, borders and boundaries were not the primary concern. Over time, with new settlements and resource-related concerns, border disputes became difficult to resolve.
• Neglect of committee recommendations: For instance, Meghalaya rejected the Y.V. Chandrachud Committee’s report on its dispute with Assam. Similarly, the Sundaram Commission’s recommendations for the Assam-Nagaland border were rejected by Nagaland.

3. Economic

• Increasing pressure on land: The push for economic development and industrialisation increases pressure on land, exacerbating disputes.
• Migration issue: Violent agitations have arisen in some states over migrants and job seekers due to limited existing resources and employment opportunities.
• Key areas: Regions significant for tourism or with valuable natural resources often become focal points of disputes.

4. Social

• Increase in population: Rising populations lead to intense competition for land, fueling boundary disputes as communities vie for territory.
• Ethnic and cultural identity: People with certain ethnic and cultural identities wanted to remain in with their people. Due to which clashes arise. 
• Language: State identity was linked to language. So, if a pocket that spoke the majority language of, for instance, Maharashtra, was clubbed with Karnataka, it opened up the possibility of a future conflict. 

Implications of Disputes

1. Economic

• Lack of investment: No company wants to invest or set up a factory in the area of dispute.
• Lack of development: The lack of focus in the region due to a sense of non-responsiveness leads to no development in the region.

2. Political

• Increase in clashes: There has been reported violence in these disputed areas due to various claims.
  • For example: Two abandoned houses along the Mizoram-Assam border were burned down by unidentified persons, fueling tension along the volatile inter-state border.
• Lack of administration: Unclear boundaries prevent any state from taking administrative responsibilities, allowing crime to spread unchecked.
• Domino effect: If prudent action is not taken and violators are not duly punished, such clashes may spread to other disputed borders.
• Fuelling regionalism and secessionist tendencies: Unmatched demands of different groups often result in increased regionalism.

3. Social

• Lack of benefit of government schemes: Due to unclear boundaries, people cannot access government schemes and remain in a state of stagnation.
• Increases hatred in masses: Clashes between different ethnic groups tend to increase animosity among residents, developing into mutual hatred.

4. Security

• Lack of security: Disputed areas bear additional security costs as the regions remain unstable.
• International security threat: Disputes in any country can become breeding grounds for unsocial elements, supported externally, posing major threats to internal security.
• Inclination towards China: China could observe these clashes in the North-East region with vested interest. States feeling betrayed could be manipulated by China for its strategic gains.

Way Forward

• Dialogue and political settlement: Border disputes between states can be resolved by dialogue and political settlements, either by the states themselves or with the Centre’s involvement.
• Extra-judicial settlement of disputes: Given the independent exercise of sovereignty by states, conflicts of interest are inevitable. There should be adequate provision for resolving disputes and for consultation to maintain the Union’s strength.
• Satellite mapping: Utilizing satellite mapping can help accurately demarcate disputed borders.
• Revive the Inter-state council: Article 263 of the Constitution outlines the Inter-state council’s role in advising on disputes and discussing issues common to all states to make recommendations for better policy coordination.
• Time-bound resolution of border dispute: A mechanism should be created to implement orders or recommendations from court-monitored commissions, mediators, or tribunals.
  • For Example: Tribunals can be established to hear inter-state border disputes and interpret old legal documents (e.g., in the Assam-Mizoram dispute) to reach a solution.
• Indian values: The internal disputes must be resolved keeping in mind Indian values and the ethos of unity, so that the social fabric of peace and harmony is maintained.
• Cooperative federalism: Disputes between states must be resolved through cooperative federalism, with the Union playing the role of the navigator of the ship.

Inter-state disputes need to be settled quickly and impartially. Otherwise, they become festering sores that create friction, prevent development, divert energy in counterproductive ways, and generate hard feelings on all sides.