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later repealed by the legislative.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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