Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

Quick Summary (TL;DR)

Article 244A (Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor): Safeguards indigenous self-governance in Scheduled and Tribal Areas under the 5th and 6th Schedules (Part X).

In Simple Citizen Words

Article 244A ('Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor') in Part X (The Scheduled and Tribal Areas) applies the special protective governance frameworks of the Fifth Schedule (Scheduled Areas in 10 States) and the Sixth Schedule (Autonomous District and Regional Councils in Assam, Meghalaya, Tripura, and Mizoram) to preserve tribal land ownership, forests, and customary justice.

Key Constitutional Provisions

Constitutional Mandate (Art. 244A): Directly codifies the legal rule for 'Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor' under Part X

Structured across 6 clause(s) and 9 sub-clause(s) with clear procedural conditions

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

In Samatha v. State of Andhra Pradesh (1997), the Supreme Court held that tribal land in Scheduled Areas cannot be leased away to private mining corporations in violation of the Fifth Schedule.

Why This Matters in Daily Life

Protects indigenous Adivasi communities from displacement, land alienation, and erosion of their customary self-governance.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Jaipal Singh Munda, Gopinath Bordoloi & Dr. B. R. Ambedkar

Tribal & Excluded Areas Sub-Committees • September 5–7, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 244A: Protecting indigenous Adivasi lands, forests, and customary self-rule in Scheduled and Tribal Areas from exploitation through the Fifth and Sixth Schedules.

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"You cannot teach democracy to the tribal people; you have to learn democratic ways from them. They are the most democratic people on earth... Their lands and autonomous councils must be constitutionally shielded."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 244A: Enacted Articles 244 and 244A applying the Fifth Schedule (Tribes Advisory Councils) and Sixth Schedule (Autonomous District & Regional Councils) to Scheduled and Tribal Areas.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 244A was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State (comprising whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor —

Sub-clause (a)

a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

Sub-clause (b)

a Council of Ministers,

or both with such constitution, powers and functions, in each case, as may be specified in the law.

Clause (2)

Any such law as is referred to in clause (1) may, in particular, —

Sub-clause (a)

specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;

Sub-clause (b)

define the matters with respect to which the executive power of the autonomous State shall extend;

Sub-clause (c)

provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

Sub-clause (d)

provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

Sub-clause (e)

make such supplemental, incidental and consequential provisions as may be deemed necessary.

Clause (3)

An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.

Clause (4)

Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

🔵 Newly Inserted After 1950 (Via Amendment) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Not present in the original Constitution of 26 January 1950. Article 244A did not exist in the 1950 text and was newly inserted into the Constitution by Parliament through the 22nd Constitutional Amendment Act, 1969.

CURRENT ENFORCEABLE STATUS (TODAY)

Active & Enforceable Today (Inserted via the 22nd Constitutional Amendment Act, 1969): Article 244A (Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor): Safeguards indigenous self-governance in Scheduled and Tribal Areas under the 5th and 6th Schedules (Part X).

Key Amendment Milestones & Textual Modifications

22nd Constitutional Amendment Act, 1969 — Autonomous State Formation for Meghalaya

Year 1969

Why it happened: Inserted Article 244A enabling the creation of Meghalaya within Assam with its own Legislature and Council of Ministers.

                                    Inserted (244A, 371B): Autonomous State Formation for Meghalaya                                

Article 244 Ask Nyaya Saarthi AI About This Article Article 245

Emergency Citizen Helplines

Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications