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It’s not Article 125A, Biplab might have referred 125th Amendment (Bill) for ADC if BJP wins
TIWN Feb 10, 2023
It’s not Article 125A, Biplab might have referred 125th Amendment (Bill) for ADC if BJP wins
PHOTO : Biplab Deb addressing a BJP program on Feb 9, 2023

AGARTALA, Feb 10 (TIWN): Sacked Chief Minister Biplab Deb during his CM tenure ruined BJP’s image many times due to his gaffes and even after he was removed from CM post, Biplab Deb’s gaffes are still heard and whenever he delivers speeches netizens get feed of entertainment. While addressing Banamlipur, Biplab Deb claimed Article 125A will be implemented in ADC which will fulfil all demands related to Greater Tipraland. Netizens googled a lot but failed to find any such act/ provision to connect it with empowerment of ADC. However many say that Biplab Deb might have referred to the (125th Amendment) Bill.

https://www.youtube.com/watch?v=D7Bot9DIaZA TIWN YouTube Video, Biplab Deb's speech.

The government in 2019 had introduced Constitution (125th Amendment) Bill in Rajya Sabha to increase the financial and executive powers of the 10 Autonomous Councils in the Sixth Schedule areas of the northeastern region. The amendment will impact one crore tribal people in Assam, Meghalaya, Tripura and Mizoram.

 Key facts:

The proposed amendments provide for elected village municipal councils, ensuring democracy at the grassroot level.

The village councils will be empowered to prepare plans for economic development and social justice including those related to agriculture, land improvement, implementation of land reforms, minor irrigation, water management, animal husbandry, rural electrification, small scale industries and social forestry.

The Finance Commission will be mandated to recommend devolution of financial resources to them.

The Autonomous Councils now depend on grants from Central ministries and the State government for specific projects. At least one-third of the seats will be reserved for women in the village and municipal councils in the Sixth Schedule areas of Assam, Mizoram and Tripura after the amendment is approved.

6th schedule:

The Sixth Schedule of the Constitution deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.

 Key provisions:

The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on.

If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.

Composition: Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise. The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor. Each autonomous region also has a separate regional council.

The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the governor.

Village councils: The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor.

Powers and functions: The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor. The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions. He may dissolve a district or regional council on the recommendation of the commission.

On the Contrary article 125A is a wholly different thing has no link with ADC

Section 125A in The Representation of the People Act, 1951
1[125A. Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,—
(i) fails to furnish information relating to sub-section (1) of section 33A; or
(ii) gives false information which he knows or has reason to believe to be false; or
(iii) conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]

 

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