New Delhi, Feb. 10: For the first time in the decadeslong history of armed struggle of the Bodo tribals in Assam, the Centre, through a memorandum of settlement (MoS), today gave constitutional recognition to a virtual Bodo homeland in the northeastern state.
This requires an amendment to the Sixth Schedule of the Constitution which will done through an enactment in Parliament. Thus the Bodo Territorial Council (BTC) gains a constitutional recognition for the first time unlike its predecessor, the now defunct Bodo Autonomous Council (BAC) which was created by an enactment of the Assam Assembly. Now the only formality is that the state Assembly has to bring in a Bill to repeal the BAC Act. .
With the constitutional recognition, the BTC can now even get direct Central assistance. For the time being, the Centre has decided to pump in a Rs 100-crore per annum assistance to the council through the Assam government for the next five years. According to the Union home ministry spokesman this would be reviewed after five years and depending on the development of the area a further amount would be fixed.
Under the Sixth Schedule, the autonomous council will have control over 10 major socio-political areas. These include land, any forest other than reserved forests, any canal or water course for purpose of agriculture, any form of shifting cultivation, establishment of village and town committees, all matters relating to village and town administration, appointment of headmen for villages and towns, inheritance of property, conducting marriage and divorce and other social customs.
No enactment of Assam Assembly in respect of these 10 subjects would be valid. However, laws made by the Council in all these areas must have the assent of the Governor.
The council has an ?implied power? to ?levy fees? for the ?services rendered? in connection with any of the 10 subject matters.
The council will also have power to establish ?village councils or courts? for the trial of suits and cases between parties all of whom belong to the tribal community. The council can also appoint such presiding officers to the courts it establishes so that those who are tribals and know the tribal custom and practices decide civil matters in accordance with such customary laws and also the laws enacted by the council in all the 10 major subject matters.
However, appeals against the decisions of these courts would automatically go up to the High Court and then to the Supreme Court when one of the parties goes on appeal.
The council also has powers to establish and manage primary schools, dispensaries, markets, cattle, ponds, ferries, fisheries and roads and also ?prescribe the language? as medium of instruction in primary schools. However, the Bodo language has not been accorded recognition under the Eighth Schedule of the Constitution and thus it cannot be one of the 18 major languages recognised in the Constitution.
The Governor can dissolve a council on the recommendation of a committee appointed by him for the purpose of reporting on its functioning.