However, these rights were recognized only after conflict; and were invariably loaded with terms and conditions. These were the Schedule V and Schedule VI areas. The Constituent Assembly approved separate systems of governance for these two areas. Under Schedule V, the Governor was the sole legislator and competent to make laws on all subjects enumerated under the Constitution. However, the Governor was required to take the advice of the Tribal Advisory Council (TAC) and the assent of the President over legislations. The apathy of governors towards these provisions has been reflected in the Union Minister’s letter to governors, reminding them of their role towards the development of the tribals in Schedule V areas. These provisions provided the basis for the special enactments for certain regions which continued concessions to the tribals even during the postindependence period. Such enactments were later included in the Ninth Schedule to avoid any challenge to the fundamental rights. Article 13 of the Indian Constitution prevailed concerning the validity of such Act (customary laws) unless later repealed by the legislative. Through amendments, the Constitution also recognized the customary law of Nagaland (Article 371a) and Mizoram (Article 371g). However, the struggle for recognition of customary laws (through constitutional amendments) has not been easy. It has been marked by prolonged agitation and incidence of violence4. Finally, the Union government had to accede to the demands and provide “extra autonomy” to these areas through provisions of Articles 371a and 371g in the States of Nagaland and Mizoram respectively where no The Naga and Mizo Nationalist struggles and the State’s response of amending the Constitution to introduce Articles 371a and 371g. 4 law of the Parliament applies unless approved by the State Assembly. Land reforms in India: Issues and Challenges Since in the original draft of the constitutional right to property was the fundamental right under Section 19(g), it became increasingly difficult to implement land reforms. Through the first amendment to the Constitution, the Ninth Schedule was added enabling states to enact laws related to land reforms, in contravention to Section 19(g). There are more than 350 state laws under this schedule. India’s first several five-year plans allocated substantial budgetary amounts for the implementation of land reforms. However, various studies, including the study of the Ministry of Rural Development, highlighted limited success in land reforms and distribution. Land acquisitions in the name of ‘eminent domain’ or ‘national interest’ has further exacerbated the situation between the landless and the Scheduled Tribes, as a number of studies and experiences from the ground clearly suggest that STs outnumber other sectors of the society as far as displacement is concerned. Inadequate transparency, lack of accountability of officials and limited reach of those displaced led to land grabs. In comparison to Schedule V areas, the areas under Schedule VI were provided with greater autonomy. Schedule VI areas were vested with powers to legislate, execute and adjudicate. However, the reality is that democracy has not been able to reach the grassroots and governance has been in the hands of the elite and feudal lords. According to a World Bank report (2007), in the northeastern states, “there is a strong tendency Lok Niti 49

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