Sixth Schedule in Manipur-Part 1
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A Romen Kumar Singh
Contd from previous issue
No Act of the federal or provincial legislature would apply
The Government of India Act, 1935 further provided that no Act of the Federal of Provincial Legislature would apply to any of these areas, but the Governors had the authority to apply any such Act with or without modification as they would consider necessary. In addition to these excluded and partially excluded areas, there were certain “tribal areas” which were defined in Section 311(1) of the Government of India Act, 1935, as “areas along the frontiers of India or in Baluchistan, which are not part of British India or Burma or of any Indian State or of any foreign State”.
The status of these areas was very peculiar, as in terms of the definition they did not form part of the British India; nor the British Parliament or the Legislatures in British India had any direct legislative powers in respect of these areas. Whatever powers were exercisable in respect of these areas, the same in fact originated from some, “treaty, grant, usage, sufferance or otherwise”, and to validate the effect of such treaty etc. the Government of India Act, 1935 contained a specific provision, enabling the Governor-General to act in his discretion in respect of administration of these areas and keeping the same outside the Ministerial responsibilities.
Need for attention of the constituent assembly to these areas. In a statement on 16.5.1946 the Cabinet Mission reiterated the need for special attention of the Constituent Assembly to these excluded and partially excluded areas and tribal areas while drafting the new constitution of India.
An Advisory Committee was planned on Fundamental Rights and Minorities in such manner that it should contain due representation of all the interests likely to be affected, and should advise the Constituent Assembly on framing an appropriate scheme for the administration of tribal and excluded areas.
The Advisory Committee in its meeting on 27.2.1947 set up three sub-committees – one to consider the tribal areas and excluded and partially excluded areas in Assam, another to consider the tribal areas in the North-West Frontier Province and Baluchistan, and a third Sub-Committee to consider the position of excluded and partially excluded areas in the Provinces other than Assam. The Sub-Committee on tribal and excluded and partially excluded areas submitted their report on 28.7.1947, while the other Sub-Committee on the excluded and partially excluded areas in the provinces other than Assam submitted its interim report on 18.8.1947 and final report in September, 1947.
Contd from previous issue
No Act of the federal or provincial legislature would apply
The Government of India Act, 1935 further provided that no Act of the Federal of Provincial Legislature would apply to any of these areas, but the Governors had the authority to apply any such Act with or without modification as they would consider necessary. In addition to these excluded and partially excluded areas, there were certain “tribal areas” which were defined in Section 311(1) of the Government of India Act, 1935, as “areas along the frontiers of India or in Baluchistan, which are not part of British India or Burma or of any Indian State or of any foreign State”.
The status of these areas was very peculiar, as in terms of the definition they did not form part of the British India; nor the British Parliament or the Legislatures in British India had any direct legislative powers in respect of these areas. Whatever powers were exercisable in respect of these areas, the same in fact originated from some, “treaty, grant, usage, sufferance or otherwise”, and to validate the effect of such treaty etc. the Government of India Act, 1935 contained a specific provision, enabling the Governor-General to act in his discretion in respect of administration of these areas and keeping the same outside the Ministerial responsibilities.
Need for attention of the constituent assembly to these areas. In a statement on 16.5.1946 the Cabinet Mission reiterated the need for special attention of the Constituent Assembly to these excluded and partially excluded areas and tribal areas while drafting the new constitution of India.
An Advisory Committee was planned on Fundamental Rights and Minorities in such manner that it should contain due representation of all the interests likely to be affected, and should advise the Constituent Assembly on framing an appropriate scheme for the administration of tribal and excluded areas.
The Advisory Committee in its meeting on 27.2.1947 set up three sub-committees – one to consider the tribal areas and excluded and partially excluded areas in Assam, another to consider the tribal areas in the North-West Frontier Province and Baluchistan, and a third Sub-Committee to consider the position of excluded and partially excluded areas in the Provinces other than Assam. The Sub-Committee on tribal and excluded and partially excluded areas submitted their report on 28.7.1947, while the other Sub-Committee on the excluded and partially excluded areas in the provinces other than Assam submitted its interim report on 18.8.1947 and final report in September, 1947.