Empowering Assam's Tribal Regions: Article 244(A) Implementation

Introduction

Article 244(A) is a key promise in the ethno-political landscape of Assam, especially in areas where tribal people predominate, such as the Diphu Lok Sabha seat. This clause in the constitution has the power to reshape the system of government by providing a means of achieving autonomy within the confines of the state. The pledge to implement Article 244(A) strikes a deep chord with the desires of the tribal groups fighting for increased self-governance and the preservation of their unique character as political contenders compete for votes in the approaching elections.

The Indian Constitution's Article 244(A) offers a framework for the establishment of autonomous districts or regions inside the states, with the primary goal being to meet the political and socioeconomic needs of the indigenous inhabitants. Assamese tribal tribes make up a sizeable portion of the population, therefore the vow to put this provision into effect is an acknowledgement of their particular historical, cultural, and socioeconomic demands.

The concept of creating an independent state inside a state' in Assam's tribal-majority Diphu Lok Sabha seat embodies the aspirations of the indigenous peoples for empowerment and self-governance. It represents a shift away from the centralized governance paradigm and toward a more inclusive, decentralized one where local communities have more influence over decisions that directly impact their lives.

The fact that all of the contenders have vowed to enforce Article 244(A) shows that they recognise the long-standing frustrations and aspirations of the tribal community in Assam. It emphasizes how critical it is to correct past wrongs, support cultural preservation, and encourage socioeconomic growth in these underprivileged areas.

About Diphu Lok Sabha Constituency

With a voter count of around 8.9 lakh, Diphu is the least populous of Assam's 14 Lok Sabha seats.

• Community profile: Assamese, Bengali, Bihari, Gorkha, Dimasa, Hmar, Kuki, Rengma Naga, Zeme Naga, Bodo, Garo, and Karbi (the third-largest tribe in Assam).
• Covering six legislative Assembly parts in Assamese hill areas with a preponderance of tribal people—Karbi Anglong, West Karbi Anglong, and Dima Hasao—it is set aside for Scheduled Tribes (STs).
• The Sixth Schedule of the Constitution governs the administration of these three districts.
• The Karbi Anglong Autonomous Council (KAAC) and the North Cachar Hills Autonomous Council are the two autonomous bodies that oversee these regions.

Background on the Demand For Autonomy in Assam

• Movement for independent hill state:- This movement began in the 1950s in the hill regions of undivided Assam and resulted in the establishment of the full-fledged state of Meghalaya in 1972. Because of the guarantee made by Article 244(A), the leaders of the Karbi Anglong area chose to stay with Assam.
• Creation of an organization:- To promote the region's autonomy, the Autonomous State Demand Committee (ASDC) was established. To strengthen the authority of the two autonomous councils in the area, it signed a Memorandum of Settlement with the state and federal governments in 1995. This increased the number of departments under the councils' jurisdiction from 10 to 30.
• Armed Insurgency:- When the demands for the region's autonomy were not satisfied, the demand for the application of Article 244(A) also took the shape of an armed insurgency. Both the federal government and state governments have signed several peace agreements with militant organizations throughout the years, including the Karbi and Dimasa.
• Peace Accord:- In 2021, a deal was struck for greater autonomy and a special development package worth Rs 1,000 crore spread over five years with five militant groups in Karbi Anglong (Karbi People's Liberation Tigers, People’s Democratic Council of Karbi Longri, Karbi Longri NC Hills Liberation Front, Kuki Liberation Front, and United People’s Liberation Army). A similar deal was reached in 2023 with the Dimasa National Liberation Army.

The Constitution's Article 244(A)

Amended by the Twenty-second Amendment Act of 1969 to the Constitution.

It gives the Parliament the authority to enact legislation that would create an autonomous state inside the State of Assam that would include all or some of the tribal territories listed in Part I of the table that is annexed to Paragraph 20 of the Sixth Schedule.

This independent nation would have its own Council of Ministers, Legislature, or both.

Any such law may specifically recommend

Topics: Indicate which topics, whether or not to the exclusion of the Legislature of the State of Assam, the Legislature of the independent state will be able to pass legislation on.

Specify the subjects that the independent state's executive authority will cover.

Devolution of taxes: As long as the profits of any taxes imposed by the State of Assam are traceable to the autonomous state, the taxes will be allotted to the autonomous state.

Sixth Schedule

This Schedule contains provisions regarding the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

Provisions

• Establishing Autonomous District and Regional Councils (ADCs and ARCs): These are elected councils that have the authority to manage territories that belong to tribes.
• Membership: The district council in each autonomous district is made up of 30 members, of which 26 are chosen by adult franchise votes and the remaining four are governor-nominated. There is a distinct regional council for every autonomous area.
• Terms of office: Elected members serve five-year terms, while nominated members serve terms determined by the governor.

Power of Governor

• Reorganization: He has the authority to alter the boundaries, names, regions, and other characteristics of the autonomous districts, as well as to reorganize them.
• Administration: Any topic about the management of the autonomous districts or regions may be the subject of a commission appointed by the governor to look into and report on.
• A district or regional council may be dissolved by him by the commission's recommendation.

Power and Functions

• Legislative Power: They have the authority to enact laws about a variety of topics, including social conventions, inheritance, marriage, divorce, and the management of forests and farms.
• Judicial authority: The state governor may grant the ADCs and ARCs the authority to try cases under the criminal and civil laws of the nation in which the violations carry a sentence of death or more than five years in jail.
• Establishment of village councils: The ADCs and ARCs may also establish village councils or courts to resolve conflicts between Scheduled Tribe members and designate representatives to manage the implementation of passed legislation.
• Administrative Authority: They have the authority to set up public infrastructure like roads, marketplaces, and schools as well as to collect royalties from licenses or leases for the mining of minerals in their regions. They may also levy taxes, control money lending and trade, and collect land income.

Conclusion

The implementation of Article 244(A) presents a ray of hope for the tribal-majority regions of Assam, including the Diphu Lok Sabha constituency. However, its realization demands meticulous planning, consensus, and robust execution. While political commitments signify recognition of tribal aspirations, translating these promises into tangible outcomes requires concerted efforts. As Assam navigates this transformative journey, ensuring genuine autonomy and sustainable development for its tribal communities remains paramount. Only through effective action can Article 244(A) truly empower and preserve the distinct identity of these historically marginalized regions, paving the way for inclusive governance and prosperity.