Schedule 6 of the Indian Constitution and ILP: Understanding exemptions in the CAA debate

After being postponed for more than four years, the Citizenship Amendment Act (CAA) of 2019 was finally notified, bringing its enforcement nationwide. It is currently in use in a few designated districts throughout nine states. For the rest of the nation, undocumented non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan will effectively receive expedited citizenship upon the announcement of regulations. In the raging CAA implementation debate, one thing that might have slipped from the public discourse is its exemption of areas under sixth schedule and areas that have an inner-line permit(ILP). 

In accordance with Article 244 of the Indian constitution, the sixth schedule was implemented in 1949. Through the establishment and operation of autonomous district divisions known as Autonomous District Councils, or ADCs, the sixth schedule was created to safeguard indigenous and tribal people. The sixth schedule grants great autonomy to the native and tribal populations in the northeastern states. Tripura has only one autonomous district council; Assam, Mizoram, and Meghalaya have three. In other words, these are small independent states operating under the Union of India. 

It is infamous for compromising the constitutionally declared principles. It infringes upon equality before the law, including the right against discrimination, as stated in Article 14, and,  fundamental rights as indicated in Article 15. It is well known to discriminate in a number of ways against non-tribal citizens residing in the states listed. Finally, but just as importantly, Article 19 states that the clause violates the freedom to settle wherever in India. 

On a different note, the protestors in Ladakh until earlier this week were demanding recognition of their homeland under the Sixth Schedule through a hunger strike led by Sonam Wangchuk. After repeated discussions with the state unit of BJP and the central authorities, the protestors were not given anything, let alone statehood or a Sixth Schedule listing. The government, by paying no heed to the demands has created serious questions among the locals about their flora and fauna, which has been severely affected, especially since the last decade when 3 Idiots, a movie based loosely on Mr. Wangchuk’s life, made Ladakh into a popular tourist destination. 

On the other hand, an Inner Line Permit(ILP) is a formal travel document that the Indian government issues to let a citizen of India enter a protected area for a restricted amount of time. Indian residents residing outside of such states are required to obtain a permit in order to enter the protected state. The document is an attempt by the government to control access to specific locations close to India's international border. This was instituted by the British in 1873 to keep them from starting any business ventures that would compete with the agents of the Crown. Additionally, it safeguards the tribal traditions of northeastern nations, including Arunachal Pradesh, Mizoram, Manipur, and Nagaland in India, as well as Lakshwadeep. ILPs differ for tourists and long-term residential applicants, often for employment purposes.

Questions on the constitutionality of the ILP, especially Articles 14,15 and 19, remain similar to the areas in the Sixth Schedule. 

This implies that residents of Afghanistan, Bangladesh, and Pakistan who are migrants belonging to the recognized communities based on religion are not eligible to receive Indian citizenship. On the other hand, one might also look at this as a haven for the unprotected minorities from surrounding countries, especially the Rohingyas from Myanmar or China. 

One should also evaluate the the constitutional complications of the operations in the Northeast, which will be brought about in the future, considering its a group of sensitive states.

 Picture Credits - TV9 Bharatvarsh