Sixth Schedule Autonomous District Councils

Sixth Schedule Autonomous District and Regional Councils possess limited legislative authority over specified matters affecting tribal society and local administration. Under Paragraph 3 of the Sixth Schedule, this includes making laws concerning marriage, divorce, inheritance and social customs within their territorial jurisdiction.

Constitutional basis and territorial scope

Under Article 244(2), the Sixth Schedule governs designated tribal areas in Assam, Meghalaya, Tripura and Mizoram. A District Council legislates for areas of its autonomous district outside an autonomous region, while the relevant Regional Council legislates for its autonomous region.

Subjects connected with social customs

The councils can regulate important aspects of customary social and family life, rather than merely giving advice on them.

• They may make laws concerning the inheritance of property.
• They may legislate on marriage and divorce.
• They may make laws governing social customs within their jurisdiction.
• They may regulate the appointment or succession of chiefs and headmen, which can be integral to customary tribal institutions.

Legal effect and constitutional limits

A law made under Paragraph 3 must be submitted to the Governor and takes effect only after receiving the Governor's assent. Once assented to, it has the force of law, but remains subject to the Constitution, including Fundamental Rights.

• These councils exercise constitutionally conferred local legislative power, not sovereign or unrestricted authority.
• Article 44 directs the State to endeavour to secure a Uniform Civil Code, but does not by itself repeal council laws or extinguish Sixth Schedule competence.
• The interaction of council laws with any general civil law depends on the constitutional framework, the law's territorial application and the relevant Sixth Schedule provisions.