Protection of Rights of Tribal Communities through Autonomous District Councils (ADCs) under the Constitution Of India: A Comparative Study with Manipur
This paper examines the role of the Autonomous District Councils (ADCs) in protecting and facilitating tribal autonomy in India, focusing on the constitutional provisions of the Sixth Schedule and a comparative study of the statutory ADCs in Manipur. Asymmetrical federalism is found in the Constitution of India in the form of the Sixth Schedule, which grants extensive legislative, executive and some judicial powers to ADCs in the tribal areas of the Indian Northeast. The provisions aim to preserve tribal identity, culture, land and customary laws, and to allow for independent governance. In contrast, the ADCs in Manipur are created by the Manipur (Hill Areas) District Councils Act, 1971, and do not have the same constitutional recognition and autonomy as the Sixth Schedule ADCs. This paper draws attention to the structural and operational constraints of the Manipur ADCs, such as limited legislative powers, financial constraints and strong state government control. This undermines their capacity to protect tribal rights and enable effective self-governance. Employing a doctrinal and comparative approach in the analysis of constitutional and statutory laws, case laws and secondary literature, the paper highlights that there is an autonomy deficit in the ADC system of Manipur. This imbalance, it suggests, stymies the larger goal of tribal empowerment and socio-political justice. The paper concludes that constitutional recognition or significant reforms are needed to bolster the ADCs in Manipur. This can be through extending Sixth Schedule provisions or strengthening statutory powers to guarantee autonomy, accountability and protection of tribal rights in the state.