Background

  • In February 2026, the GHADC issued a notification requiring all candidates contesting elections to possess a Scheduled Tribe (ST) certificate.
  • The notification led to protests, especially from non‑tribal (predominantly Muslim) residents of the plains belt, who argued that the rule was unconstitutional and exclusionary.
  • Due to the unrest, the election to the GHADC was postponed.

Structure of Autonomous District Councils (ADCs) in Meghalaya

  • Meghalaya has three ADCs: Garo Hills, Khasi Hills, and Jaintia Hills.
  • Each council comprises 30 members – 29 elected and 1 nominated by the Governor, who holds office at the Governor’s pleasure.
  • The District Council Affairs Department of the State Government coordinates between the ADCs and other state departments.

Sixth Schedule – Constitutional Framework

  • Sixth Schedule of the Indian Constitution provides for autonomous district and regional councils in tribal areas of Assam, Meghalaya, Tripura, and Mizoram.
  • The Governor can create, alter, or reorganise these units.
  • An ADC may have up to 30 members (normally 26 elected + 4 nominated). The Bodoland Territorial Council is an exception with 46 members.
  • Tenure of elected members: 5 years.

Legislative Powers of ADCs

  • ADCs can legislate on:
  • Land and forests (excluding reserved forests)
  • Inheritance, marriage, and social customs
  • Regulation of money‑lending and trade by non‑tribals
  • All laws require the Governor’s assent.
  • Central and State laws do not automatically apply to Sixth Schedule areas; they become applicable only through Governor’s or President’s notification.

Constitutional Issues Highlighted

  • Amendment Power: Only Parliament can amend provisions of the Sixth Schedule, not the State Legislature or Governor.
  • Democratic Rights vs Tribal Autonomy: The ST‑certificate rule raises concerns about political participation of non‑tribal citizens versus the intent to preserve tribal self‑governance.
  • Judicial Review: Potential for court challenges on grounds of violation of fundamental rights (e.g., equality, right to contest elections).

Significance for India

  • The episode underscores the delicate balance between tribal autonomy and constitutional guarantees of equality.
  • It highlights the need for clear guidelines when implementing Sixth Schedule provisions to avoid political unrest.
  • Understanding ADC functioning is crucial for policy formulation, governance, and conflict resolution in tribal regions.

Key Points to Remember

  • Sixth Schedule governs ADCs.
  • GHADC election postponed due to ST‑certificate rule.
  • Non‑tribal opposition stems from perceived violation of democratic rights.
  • Governor’s assent is essential for ADC legislation.
  • Parliament alone can amend Sixth Schedule provisions.