The Unfulfilled Promise of Article 371-C and the Case for Sixth Schedule Autonomy

Article 371-C provides a unique system of legislation for the “hill areas” of Manipur. The Hill Areas Committee (HAC), constituted under this Article, acts as the legislative wing for “Scheduled Matters,” while the Autonomous District Councils (ADCs) and Village Authorities (VAs) serve as implementing agencies for laws enacted by the Assembly on the recommendation of the HAC.

In the article titled “The Hill Areas Committee and Manipur’s Unfinished Constitutional Promise,” published in Eastern Mirror and The Morung Express on 31st October, followed by The Dawn Tantak, Ukhrul, 1st November 2025, and the Nagaland Post on 3rd November 2025, the basis for HAC’s legislative authority was explained with reference to various constitutional provisions. The HAC possesses the right of legislation and can recommend draft bills to the Council of Ministers or Cabinet. The procedures for processing such bills are specifically outlined in the Presidential Order dated 20 June 1972—known as The Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 (hereinafter referred to as the 1972 Order). The Order prescribes duties for the Speaker and Chief Minister, assigns special responsibilities to the Governor, and allows executive intervention by the President.

This article attempts a comparative analysis between (a) the law-making powers of ADCs under the Sixth Schedule, and (b) the right of legislation exercised by the HAC and its enactment by the Assembly under Article 371-C for implementation by the ADCs and VAs.

The Sixth Schedule

The Sixth Schedule of the Constitution provides for Autonomous District Councils (ADCs) with legislative, judicial, executive, and financial powers to protect tribal interests. These councils may govern a district or group of districts—as in Meghalaya, which has three ADCs (Khasi Hills, Jaintia Hills, and Garo Hills) across twelve districts. Each ADC functions through Village Councils: in Meghalaya, they are traditional bodies formed without direct elections, while in Mizoram, they are elected.

The ADCs derive their powers directly from the Constitution. They can make laws on matters listed in the Sixth Schedule—such as land and forest management, water use for agriculture, village committees, sanitation, and public health—subject to the Governor’s approval. They also exercise limited judicial powers through Village Courts for disputes among Scheduled Tribes, and oversee local administration including primary schools, dispensaries, markets, and roads.

Because the ADCs legislate independently of the state government and assembly (subject only to the Governor’s assent), the Sixth Schedule system has often been described as “a state within a state.”

The Unique Administrative Arrangement under Article 371-C

Article 371-C, the 1972 Order, and the Manipur (Hill Areas) District Council Act, 1971, together establish a distinctive administrative structure for the “hill areas.” The HAC has the right to consider and recommend to the Chief Minister any legislation or executive action affecting the hill areas with respect to Scheduled Matters. The word “legislation” includes the entire process—from drafting to enactment (Paragraph 4(3) of the 1972 Order).

To ensure implementation, the Constitution provides several safeguards, including mandatory reference to the HAC for its report and recommendation, special responsibilities for the Governor, and oversight by the President. Laws enacted on HAC reports and recommendations are implemented by ADCs and VAs, creating an integrated governance mechanism for the hill areas.

Constitutional Safeguards for Legislation

Key safeguards include:

(a) The Council of Ministers shall normally give effect to HAC recommendations, failing which the matter must be referred to the Governor (Rule 12A, Rules of Business of the Government of Manipur, 1972).

(b) Bills affecting the hill areas must be referred to the HAC for its report and recommendation before passage (Rule 140, Rules of Procedure and Conduct of Business, 1964).

(c) Bills reported and recommended by the HAC are to be passed by the Assembly with necessary variations for the hill areas (Paragraph 5, 1972 Order).

(d) Where the Assembly alters or rejects an HAC-recommended bill, the Speaker must refer it to the Governor, whose decision—after consultation— is final.

(e) The Governor has a special responsibility for ensuring proper functioning of the HAC (Paragraph 9, 1972 Order).

(f) The President may call for reports from the Governor and issue executive directions to the State regarding hill area administration (Article 371-C(2)).

The Right of Legislation

The HAC’s legislative right under Article 371-C is unique: it allows the Committee to formulate and draft laws on Scheduled Matters for the hill areas and submit them to the Council of Ministers. If the Council declines to give effect to legislation bearing HAC recommendation, it must refer the matter to the Governor, whose decision is final and binding (Rule 12A, Rules of Business).

If accepted by the Council, the Bill is tabled in the Assembly, referred again to the HAC for review, and then passed with any variations recommended by the HAC. Should the Assembly alter or reject the Bill, the Speaker must refer it to the Governor, whose decision prevails. The Governor has a constitutional duty to safeguard the proper functioning of the HAC, and the President retains overarching supervisory powers.

These mechanisms ensure that attempts to delay or obstruct HAC-initiated legislation must still pass through constitutionally defined channels given by Article 371-C and the 1972 Order. However, the effectiveness of this system ultimately depends on the commitment, unity, and resolve of the tribal MLAs who constitute the HAC and, especially, on the leadership of its Chairperson.

Articles 371-A and 371-G: Contextual Parallels

Article 371-A (for Nagaland) begins with the words:

“Notwithstanding anything in this Constitution…” and exempts certain subjects—religious practices, customary law, civil and criminal justice under Naga custom, and ownership and transfer of land and its resources—from automatic application of Parliamentary Acts unless the State Assembly decides otherwise.

A similar provision, Article 371-G, applies to Mizoram (except that it omits “and its resources” under clause (iv)). These provisions confer legislative powers upon the state assemblies of Nagaland and Mizoram over matters that may otherwise fall under the Union or Concurrent Lists.

By contrast, in Manipur, the right of legislation on Scheduled Matters is vested not in the Assembly but in the HAC, with the process and safeguards codified under the 1972 Order and associated Rules.

Comparing the Two Systems

Sixth Schedule:

• ADCs have direct law-making powers on listed matters, subject only to the Governor’s approval.

• The state government and assembly are not formally involved.

• The system is relatively autonomous and self-contained.

Article 371-C:

• The HAC recommends legislation to the state government, which must either process it through the Assembly or refer it to the Governor.

• Multiple procedural layers exist, making implementation dependent on the cooperation of state authorities.

• In practice, these safeguards have often been ignored or undermined.

Despite the elaborate constitutional framework, Article 371-C has remained largely unimplemented for over five decades. The HAC’s 2021 recommendation of the Manipur (Hill Areas) Autonomous District Council Bill was obstructed by the state government, which tabled its own versions instead—contravening Rule 12A and the intent of Article 371-C.

The dominance of the majority community in the Assembly and Cabinet, weak tribal representation, lack of judicial intervention, and fragmented tribal civil society have rendered the HAC ineffective. Political fear and dependency, especially following the ethnic violence of May 2023, further undermine tribal assertiveness.

Conclusion

While Article 371-C theoretically offers a powerful instrument for self-governance within Manipur, its operation depends on the state-level goodwill of the dominant community. The Sixth Schedule, under Article 244-A by contrast, though requiring a one-time constitutional amendment, obviates constant obstructions and adversarial stance of state authorities in the enactment of laws and offers greater autonomy and finality, less tensed political and social climate, potentially leading to more stable and self-reliant governance for the hill areas.

Ngaranmi Shimray

New Delhi