Chakma Autonomous District Council uniqueness among ADCs in India

By Suman Chakma

Autonomous Administrative Divisions of India :
     There are several autonomous administrative divisions of India to which the central government has given varying degrees of autonomy within the state legislature. The establishment and functions of most of these autonomous councils are based on the sixth schedule to the Constitution of India.

In Assam :
The Bodoland Territorial Council (BTC) has legislative, administrative, executive and financial powers over 40 policy areas in the Bodoland Territorial Areas Districts comprising four districts of Assam. It was established in 2003 following a peace agreement between the Government of India and Bodo rebels and is functioning since 2003 under the provision of the Sixth Schedule of the Constitution of India.

The Karbi Anglong Autonomous Council (KAAC, Karbi Anglong District ) is an autonomous council in the district constituted under the provision of the Sixth Schedule of the Constitution of India.

The Dima Hasao Autonomous District Council (formerly North Cachar Hills Autonomous District Council) is an autonomous council constituted under the provisions of the Sixth Schedule of the Constitution of India to administer the district.

In Jammu and Kashmir :
The  Ladakh Autonomous Hill Development Council, Kargil (LAHDC) and Ladakh Autonomous Hill Development Council, Leh (LAHDC). Both of the Councils governs their respective district areas with limited political autonomy.

In Meghalaya :
The  Garo Hills Autonomous District Council (GHADC) is seated at Tura and covers East Garo Hills district, West Garo Hills district and South Garo Hills district.

The Jaintia Hills Autonomous District Council (JHADC) is seated at Jowai and covers the Jaintia Hills district.

The  Khasi Hills Autonomous District Council (KHADC) covers West Khasi Hills district, East Khasi Hills district and Ri Bhoi district.

In Mizoram :
The Chakma Autonomous District Council (CADC) is an autonomous council for the Chakma people living in the south-western part of Mizoram. The CADC is constituted within Chawngte sub-division of Lawngtlai district, Chawngte is now one of the proposed districts of Mizoram.

The Lai Autonomous District Council (LADC) is an autonomous council for the Lai people in the south-eastern part of Mizoram. It is constituted within Lawngtlai district excepting CADC's areas and some parts of Saiha district.

The  Mara Autonomous District Council (MADC) is an autonomous council for the Mara people living in the southern part of Mizoram within Saiha district.

In Tripura :
The  Tripura Tribal Areas Autonomous District Council (TTAADC) is an independent council administering the tribal areas of the state of Tripura. Its council and assemby are situated in Khumulwng, a town 20 km outside Agartala, the state capital.

In West Bengal :
The Gorkhaland Territorial Administration (GTA) is a semi-autonomous administrative body for the Darjeeling hills in West Bengal, India.

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Autonomous District Councils and Panchayati Raj Insitutions in North-East India :

By Dipanjan Roy Chaudhury

     The North-East India, home to numerous diverse ethnic groups and located strategically with borders with Bhutan, China, Myanmar and Bangladesh, has seen much violence and bloodshed over the past few decades. These include insurgencies in Nagaland, Mizoram, Manipur, Tripura and Mizoram and growth of militant groups in Meghalaya. In addition there are conflicts and confrontations over land use and control as well as issues of language, identity formation, demographic change and minority and majoritarian relations. Alienation, mis-governance and corruption as well as underdevelopment are common frustrations in the region which is one of the richest regions in terms of natural and mineral resources in India.

To tackle the problems of this unique area and safeguard the democratic traditions and cultural diversity of its people, the framers of the Constitution conceived of the instrument of tribal self-rule. This stands embodied in the Sixth Schedule of the Indian Constitution. This Schedule was drafted by a Sub-Committee on North-East Frontier (Assam Tribal and Excluded Areas) of the Constituent Assembly headed by Gopinath Bardoloi, the then Premier of Assam. The effort was to accommodate the collective aspirations of tribal communities within the broader framework of a democratic political system characterised by centralised powers, in a situation characterised by a mix of apprehension, confusion and hope in the days immediately preceding the adoption of the Indian Constitution.

     The non-Sixth Schedule States in the North-East where 73rd and 74th amendments (Panchayati Raj Institutions) have been implemented are Assam (barring Karbi Anglong Autonomous District Council and NC Hills Autonomous District Council), Manipur, Tripura (barring Tripura Tribal Areas Autonomous District Council), Arunachal Pradesh and Sikkim.

Between ancient, medieval and modern period of Indian history, the growth of Panchayats had ups and downs. The Mayo’s Resolution of 1870 gave impetus to the development of local institutions by enlarging their powers and responsibilities. In 1882 Lord Ripon provided democratic framework to these institutions. In 1907 the Royal Commission on Decentralisation was established which encouraged the ‘Local Self Government’. Thereafter, came a series of efforts in the form of committee, commission and Act. (The Govt. of India Act, 1911; the Govt. of India Act, 1935). However, the colonial rulers could not contribute significantly.

     Panchayats were included in Article 40 under the Directive Principles of the Constitution of India. The Post- independence phase of Panchayat Raj is marked with significant developments. On the recommendation of the G.V.K. Rao (1985) and L.M Shinghvi (1986) committees, the Rajiv Gandhi Government in 1989 introduced a Bill for amending the constitution for giving constitutional status to Panchayats, But he failed to pass the Bill. It was P.V Narasimha Rao Government who could amend the constitution in 1992 by introducing 73rd Amendment to the constitution alongwith the Nagarpalika 74th Amendment Act. The Panchayati Raj institution then became a constitutional machinery for rural governance in India.

     The tribal dominated states under 5th and 6th schedules of the Constitution were, however, given option either to introduce Panchayati Raj institutions or to continue with their traditional self-government institutions. All the states of India including 5th and 6th schedule states except Jammu & Kashmir, Nagaland, Meghalaya and Mizoram amended their Panchayati Raj Act to accommodate the provisions of the 73rd Amendment Act.

The Constitution (73rd Amendment) Act, 1992 mandates provisions for :

          1)   Establishment of a three-tier structure (Village Panchayat, Panchayat Samiti or intermediate level Panchayat and Zilla Parishad or district level Panchayat).

          2)   Establishment of Gram Sabhas at the village level. Regular elections to Panchayats every five years.

          3)   Proportionate seat reservation for SCs/STs.

          4)   Reservation of not less than 1/3 seats for women.

          5)   Constitution of State Finance Commissions to recommended measures to improve the finances of Panchayats.

     The Constitution (73rd Amendment) Act, 1992 vests power in the State Government to endow Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government such as: Preparation of plans and their execution for economic development and social justice in relation to 29 subjects listed in the XI schedule of the Constitution. Authority to Panchayat to levy, collect and appropriate taxes, duties, tolls and fees. Transfer of taxes, duties, tolls and fees collected by the States to Panchayats.

     The North -East India consists of eight states - Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagland, Tripura and Sikkim, covering more than eight percent of the total geographical area and 4 percent of the total population of the country. A large part of the North - East India is governed by the Fifth and Sixth Schedules of the Indian Constitution. The Panchayats (Extension to the schedule areas ) Act, 1996 extends the 73rd Amendment: to the Fifth Schedule areas. Three states viz. Mizoram, Nagaland and Meghalaya are exempted from the purview of the 73rd Amendment.

     The Sixth Schedule envisages establishment of Autonomous District Councils (ADCs). These councils have been given Legislative, Administrative and Judicial powers under the Sixth Schedule. No law of the Centre or the State in respect of the legislative powers conferred on the Autonomous District Councils could be extended to those areas without their prior approval. The district councils are also empowered to constitute Village councils and also Village courts.

     While the ADCs have the advantage of legislative powers which the Panchayats do not have, the Councils unlike Panchayats do not have provision for reservation for women, and powers such as social forestry management.

Articles 244(2) and 275(1) - Sixth Schedule - Provisions for administration of Tribal Areas in the States of :

Assam: The North Cachar Hills District Council and The Karbi Anglong District Council. Elections to the Bodoland Territorial Council (BTC) also formed under Sixth Schedule have been held on May 13. Results are yet to be declared.

Meghalaya: Khasi Hills District Council, Jaintia Hills District Council and Garo Hills District Council.

Tripura: Tripura Tribal Areas Autonomous District Council.

Mizoram: The Chakma District Council, The Mara District Council and The Lai District Council.

     The District Councils comprise of 30 members for a term of five years. The Governor of the state is empowered to nominate not more than four members to the Council while the others are elected on the basis of adult suffrage. The Chief Executive Member (CEM), the Chairman and the deputy Chairman of the Council (equivalent of Speaker and Deputy Speaker) are elected from the members and the CEM selects the other executive members. There are different internal rules for different Autonomous District Councils. In some councils like Mara in Mizoram, the electorate are eligible adults (anyone above 18 years) but in others like Karbi Anglong right of access to traditional lands and length of stay in the region are regarded as as a qualifying criteria for being included in the voters list for the ADCs.

     The Sixth Schedule contains provisions as to the administration of tribal areas in the state of Assam, Meghalaya, Tripura and Mizoram. The aim of the Sixth Schedule was to protect hill and other tribal communities from the control and power of the groups and the plains. The process of protection began with the formation of the first District Councils in Assam, as far back as 1951. The Sixth Schedule provisions are regarded as a mini-Constitution within the main Constitution but the whole Schedule needs a close look to remove flaws, contradictions and shortcomings. Earlier, Arunachal Pradesh (earlier known as North-Eastern Frontier Agency) was also part of the Sixth Schedule and administered by the Governor of Assam as the agent of the President.

     The North-East with its large number of tribal groups and newly emerging educated elites has a peculiar political history. Most of these communities had self-governing village councils and tribal chiefdoms even during late British period. Nation and state formation was absent and even in the most advanced area of the region, then Assam, the economy was run by the British. But the effort should be to give all States the opportunities provided by the 73rd and 74th Constitutional Amendments. This should be done by safeguarding their traditions, without tampering with their essential rights and giving each state the chance ton use its own nomenclature for such systems of governance, with local acceptance.

In addition to varying Powers and Functions, CADC has the following disadvantages :

                      

                                                    " Remember all things are possible

                                                                               for those who believe. "

                                                                                                     ~ Gail Davers

1. Employment System in CADC :

     According to 2011-2012 Annual Budget, CADC received approximately 39 crores 29 lakhs :

(a). Non-plan : 24 crores and 24 lakhs  of rupees as salary component. 95 lakhs of rupees within non-plan is for non-salary purposes like office maintenance, etc. Out of 95 lakhs, again  45 lakhs is for local bodies like village council development, etc. So, ultimately only 50 lakhs of rupees remain for the maintenance and running of offices.

(b). Plan :  The amount is 14 crores and 10 lakhs. They are meant for developmental purposes. Whereas, in CADC 9 crores 40 lakhs in addition to 24 crores 24 lakhs, is spent for additional jobs  from plan budget. The rest 4 crores 70 lakhs is for non-salary purposes i.e. developmental works. But, out of  4 crores and 70 lakhs, 3 crores is for constructing CADC's Secretariat Building financed by the Drafting Finance Commission.  Thus, in reality 11 crores 10 lakhs rupees should be meant for developmental purposes but is not actually happening due to excess addition of jobs given in different periods in CADC. And the demanding of jobs does no cease here. Even I need one !!! Hahaha...

     According to the government of India, CADC can spent for administrative causes from Plan Budget, which is permissible up to 25 per sent only. But, in CADC the account for both Plan and Non-Plan became randomly managed. And the works for developmental purposes either remain meagre or incomplete. 

     About 33 crores 44 lakhs of rupees, CADC is spending in jobs whether big or small. As a result, 5crores 65 lakhs only for developmental purposes, from which again 3 crores is deducted for Secretariat Building. This is the present condition of CADC.

     "CADC is almost turned to Chakma Autonomous Employee Council, instead of Chakma Autonomous District Council. For the reason they(employees) almost consume 85.59 % of total CADC's annual budget." 

2. Lack of Income source : 

     Due to lack of other employment opportunities in spite of government services only, the rate of income of the mango-people in CADC is horizontal (limited), mostly depend on job holders for work, job holders on CADC's salaries, which encourages monopoly system and politically manipulated. So, no extra input and as a result no-extra output.

           In simple mathematics,  No input (source) = No income = No output (products)

     Also, the areas of CADC is constituted of Chawngte sub-division, without highways (forget about  blacktopped national highways), which probably is the only one of its kind in India. So, the income of the peoples in CADC is limited. As Offices, Medicals and Hospitals, Institutions, etc are limited in numbers. 

     And the transport and communications to and from Chawngte (Kamalanagar for Chakmas, the Head-Quarter of CADC) is not daily, sometimes weekly is also not available if the season is monsoon especially.

3. Suggestions or Opinions :

(a). Necessary as priority : Giving unnecessary jobs to the candidates as political demand should be made extra-ordinarily restrict until the earlier debt of CADC, due to malfunctioned be cleared. Official accountability for necessary expenditure should be maintained. Planners, Decision makers, elite Leaders should be abreast of the trend for job the generation would face to come.

(b). Shift Plan employees to Non-Plan : CADC's government should take every possibilities to make shift the present Plan employees to Non-Plan employees, which will increase the present budget from a few crores to many crores. And the same can be invested in lieu of day to day chores to developmental projects, purposes, etc. which will not only increase CADC's income but also be benefited from a few to many of the local peoples or citizens.

(c). To make 1,000 = 45,000 : If the total employees, from Peons to grade 'A' Officers of CADC is constitute to 1,000 who are consuming 85.59 % of total CADC's annual budget. Then we can expand the numbers of employees but reducing the salaries of the concern employees who are taking political advantages, instead of otherwise got retirement due to expiry of their job tenure. Due to politically wrapped privilege, some of the employees(vary from one constituency to another constituency) from CADC are taking advantages, without doing their duties for what they were appointed. They should be replaced by the most necessary and qualified candidates. In this way, the number of 1,000 can be equivalent to 45,000 citizens(who otherwise not getting any pie from the CADC government), who if are the sole citizens of CADC. Which means 45,000 populations of CADC are getting the benefit of 1,000 employees.

 " CADC-it sagore bolgun, turing pugo dokke aaji hei nijandoa CADC ganore. "

                                                                                                                                                   ~ Nirupam Chakma   
                                                                                                                                         Former Minister and MLA,                                                                                                                                                             Mizoram Assembly

(d). To establish an Emergency-aid-Fund : As many Chakmas from within Mizoram outside CADC, Tripura, Ohhulle (BD) and Arunachal Pradesh and others, etc as employees are getting benefits from CADC (as CADC is the only seat for political administration of Chakmas all over the world), they should payback by donating some amount, which should be made compulsory for all by the CADC government to help the Chakma society during emergency. Now, there is no safety and security for the Chakmas in CADC at all during emergencies.

4. Strategies to be opted for CADC : 

(a). Introduce External Sources : 

     External sources here includes Ministry of Development of North Eastern Region (DoNER http://www.mdoner.gov.in/ ) and other Ministries, etc  to aid CADC for income generating projects with CADC initiatives like Hand loom and Textile Industries, Food Processing Technologies, and Animal Husbandry, Poultry farms, etc. 

     The government of CADC should always be in contact and in the mood of seeking helps from them. CADC should also encourage the interested students to flourish in particular field he/she interested for future benefit. For instance, if one is interested to Food Processing Technologies, others to Designing, etc.

(i) Propagate Hand loom and Textile Industries, Food Processing Technologies, and Animal Husbandry, Poultry farms, etc : 

     If the Factories, Industries, Farms, etc could not meet the demanding face of the today market. Initially, at least it can propagate at local level or state level, which will not only make the land commercially valued (increasing the revenue of the CADC government) but also make the citizens resourceful. 

     Usually, we use to throw if the home products like mango, pineapple, jackfruit, etc become soft and deteriorated due to excess ripe. But if we have machineries or Food Processing Technologies, etc we can edit their values as Value Edit Products like, juices, sauce, flavours, etc in Juice Concentration Plants, etc.

(ii) Mineral Water Production : If the Government of CADC is not confident with the devolution of other Ministries, it can commence in promoting the production of Mineral Water at local level at least. Who knows if the Centre is stupendous with the innovative initiative of CADC, it may helps through DoNER minisrty and various others.

(b). Improving Infrastructures and basic amenities :

     The infrastructures and amenities within the areas of CADC ought to be modified or improved. All the sub-villages, villages and towns within its jurisdiction should be channelize by linking one region to others.  The narrower roads must be widen and paths should be turned to roads. All the bridges that connects one road to others should be erected properly like one of its kind is that Chawngte bridge that connects its adjoining areas sans any obstruction. I think, Kamalanagar is the sole Head-Quarters among the Autonomous District Councils(ADCs) in India without proper basic amenities like electricity, water supply, telephone lines, Hospitals, etc. It would be a lie, if I say they are utterly absence but they are pseudo effective.

     Probably CADC is the only  ADC among the ADCs in India with single College, single Bank(no ATM booth), two Community Health Centres(CHCs, one functional another one can not say), a sub-division, etc. which simply marring the image of its so called AUTONOMY.

(c). Condition with Centre(Delhi) :

     In order CADC to avail direct funding from centre, she need Indian Administrative Services (IASs), or at least Retired Mizoram Civil Services (MCSs) to enjoy the post of Executive Secretary, Indian Audit & Account Service (IA & AS) for Accountants in various departments for maintaining the accounts or Trained persons or others for various posts etc. 

     This is not one day dream nor the dream of one. It is for all the CADCians. So combined efforts to be made by one and all, and for that CADC should propagate awareness among the students and able persons massively.

     If CADC possess all the above prescribed features then, this will make CADC defenitely a unique and prosperous one !!!

                        

   This is my dream for Chakma Autonomous District Council (CADC), what yours ???

                                                                                                               ~  an onus Citizen

Note:  " I am sharing this with my fellow CADCians so that everyone ( whoever studying outside CADC, doing part time jobs, appearing competitive exams, etc. ) may choose an alternative option to help CADC to upgrade and uplift before every job holder of CADC mortgage to bank, outsider business men, traders, etc is only possible with our initiatives. "