The 125th Constitution Amendment Bill

Why is the 125th Constitution Amendment Bill stuck?

The 125th Constitution Amendment Bill was introduced in the Rajya Sabha in 2019, but has not yet been passed by Parliament. There may be several reasons behind its being stuck, such as:

1. Political priorities – The government's priorities have been on other bills, leaving this bill behind.

2. Lack of debate and support in Parliament – ​​A broad consensus is needed to implement it, which has not yet been formed.

3. Elections and other obstacles – After 2019, due to elections in various states and the Center, the focus on the bill decreased.

4. Discussion on amendments – The changes proposed in the bill are still considered to need further discussion.

The 125th Constitution Amendment Bill is a crucial yet long-pending legislation aimed at strengthening the Sixth Schedule of the Indian Constitution. This schedule provides autonomy and special protections to tribal communities in Assam, Meghalaya, Tripura, and Mizoram. The bill seeks to enhance financial and legislative powers of the Autonomous District Councils (ADCs) in these states, ensuring better governance and development.

Key Provisions of the 125th Constitution Amendment Bill

1. Increased Financial Empowerment: ADCs would receive direct funding from the Consolidated Fund of India, reducing dependency on state governments.

2. More Legislative Powers: The councils would be allowed to frame laws on subjects like land management, village administration, and minor forest produce.

3. Urban Governance for Tribal Areas: The bill proposes establishing elected village and municipal councils within ADCs for better local governance.

4. Greater Representation: Nominated members in ADCs will be replaced with elected representatives, ensuring better democratic functioning.

Why Is the Bill Important?

Better Infrastructure & Development: Direct funding would improve roads, schools, healthcare, and local governance.

Preserving Tribal Identity: Stronger self-governance would protect traditional tribal customs and institutions.

Reducing Bureaucratic Delays: Enhanced financial and legislative powers would allow councils to implement schemes faster.

Reasons for Delay in Passage

Political Apathy: Despite repeated demands from tribal leaders, the government has not prioritized the bill.

State Government Concerns: Some state governments fear losing control over funds and decision-making.

Electoral Calculations: Political parties may be hesitant to push the bill due to its potential impact on local power dynamics.

Lack of Consensus: Differences between various tribal organizations and state governments have led to delays in finalizing provisions.

Impact of the Delay

Tribal communities continue to face underdevelopment due to limited resources.

The gap between tribal councils and state governments widens, leading to administrative inefficiencies.

Loss of faith in the government’s commitment to tribal welfare and constitutional protections.

Conclusion

The delay in passing the 125th Constitution Amendment Bill has hindered much-needed reforms in the Northeastern tribal regions. The central government must demonstrate political will to enact this crucial legislation, ensuring greater autonomy, financial security, and development for tribal communities.

What is the 125th Constitution Amendment Bill?

The 125th Constitution Amendment Bill, 2019, was introduced by the Government of India to provide for tribal and administrative empowerment in small tribal areas.  It mainly deals with amending the Sixth Schedule to enhance the power of Autonomous District Councils (ADCs) in Assam, Meghalaya, Tripura and Mizoram.

Key Features:

1. Increasing economic and administrative powers – Giving more financial and administrative powers to the Autonomous District Councils.

2. Establishment of Urban Local Bodies – Allowing the formation of Municipal Councils and Nagar Panchayats in these areas.

3. Empowerment of Village Councils – Making governance more effective at the village level.

4. Grants and Financial Assistance – Providing more financial independence and support to the Autonomous Councils.

Significance of this Bill:

Protection of culture and rights of tribal communities in the North-Eastern States.

Providing more independence and resources to local governance.

Decentralisation and effective implementation of development schemes.

However, even after 6 years, there has been no concrete progress on this Bill.  If the government gives it priority, it can be passed in future.