constituent assembly of india debates (proceedings)- volume vii

More documents

Recommendations

Info

2. Coming to the actual recommendations made by the two Sub-Committees, we are of the view that although certain features are common to all these areas, yet the circumstances of the Assam Hill Districts are so different that radically different proposals have to be made for the areas of this Province. The distinguishing feature of the Assam Hills and Frontier Tracts is the fact that they are divided into fairly large districts inhabited by single tribes or fairly homogenous groups of tribes with highly democratic and mutually exclusive tribal organisation and with very little of the plains leaven which is so common a feature of the corresponding areas, particularly the partially excluded areas of other Provinces. The Assam Hill Districts contain as a rule, upwards of 90 per cent of tribal population whereas, unless we isolate small areas, this is generally not the case in the other Provinces. The tribal population in the other Provinces has moreover assimilated to a considerable extent the life and ways of the plains people and tribal organisations have in many places completely disintegrated. Another feature is that some of the areas in Assam like the Khasi Hills or the Lushai Hills, show greater potentialities for quick progress than tribes in the other Provinces. They may also be distinguished by their greater eagerness for reform in which they have a dominant share than the apathy shown by the tribals of some other Provinces. Having been excluded totally from ministerial jurisdiction and secluded also from the rest of the Province by the Inner Line system, a parallel to which is not to be found in any other part of India, the excluded areas have been mostly anthropological specimens; and these circumstances together with the policy of officials who have hitherto been in charge of the tracts have produced an atmosphere which is not to be found elsewhere. It is in these conditions that proposals have been made for the establishment of special local councils which in their separate hill domains will carry on the administration of tribal law and control the utilisation of the village land and forest. As regards the features common to tribal areas in other Provinces, the Assam hill man is as much in need of protection for his land as his brother in other Provinces. He shares the backwardness of his tract and in some parts the degree of illiteracy and lack of facilities for education, medical aid and communications. Provision is necessary for the development of the hill tracts in all these matters and we have found it necessary to recommend constitutional safeguards of various kinds. 3. The differences between Assam and other areas as well as certain common features have been indicated above. While in Assam the Hill Districts present features of their own and the Assam Sub- Committee have confined their recommendations on the whole to these tracts, it has not been possible for the other Sub-Committee to deal with the problems of the tribes in exactly the same manner. The special features of the hills have been mentioned and they distinguish almost to the same degree the tribesmen in the hill and the tribesmen in the plains of Assam as they do the regular plains inhabitants. The total population censussed as tribal in the plains of Assam is about 1:5 million out of which possibly some 50 per cent. consists of tea-garden labour, drawn in part from other provinces. This portion of the plains tribals is of course a population which has assimilated in high degree the life of the plains. The stable population of plains tribals is more or less in the same position. As regards other Provinces, the degree of assimilation is on the whole greater whether the tribesman is found in the hills or in the more accessible parts although some of the small tribes in the Agency Tracts of Orissa and Madras have hardly come into contact with the plains. In any case their outlook is totally different. From the very manner in which partially excluded areas have been formed it has not been possible to include large numbers of tribals who are scattered about in the Provinces irrespective of whether their condition was advanced or otherwise. It has been necessary therefore to treat all persons of tribal origin as a single minority and not separately as in the case of Assam. In this method of treatment therefore the recommendations for other Provinces differ radically from the proposals for Assam. The excluded and partially excluded areas however contain considerable concentrations of tribes people and generally they are in hilly and comparatively inaccessible areas with no communications and facilities for the development of the population. Land for them also is a vital factor and protection of the tribals' land is an essential need. The financial requirements of the Scheduled Areas are considerable, and the Centre will have to come to the assistance of certain Provinces at any rate. Thus the essential features of the proposals for the tribals of Provinces other than Assam are proportionate representation for the tribals as a whole in the Legislature, the scheduling of certain areas as in need of special attention and in which the protection of land and the social organisation of the tribals is an indispensable need. To facilitate the proper administration of the
tribes, a Tribes Advisory Council with statutory functions is recommended for the Provinces of Madras, Bombay, the Central Provinces, Bihar, West Bengal and Orissa, and the application of provincial legislation to the Scheduled Areas is linked up with this Advisory Council. 4. The common proposals for Assam and other Provinces is that of provision of funds by the Centre and a separate financial statement in the budget for the Hill Districts (Assam) and the Scheduled Areas (other Provinces). The inclusion of provisions for the control of moneylenders is another common feature. 5. We have attached copies of the Appendices* to the separate reports which indicate the legal provisions necessary and a summary! of the recommendations of both the Sub-Committees. 6. We recommended that the plains tribals of Assam!! should be recognised as a minority and should be entitled to all the privileges of a minority including representation in the legislatures in proportion to population and in the services; and that their land should be protected. 7. Subject therefore to the special provisions for the representation of the Hill Districts of Assam, all tribals should be recognised as a minority for the purposes of representation in the legislatures and in the services. G. N. BARDOLOI, Chairman, A. V. THAKKAR, Chairman, N. E. F. (Assam) Excluded & Partially Tribal & Excluded Areas Excluded Areas (Other Sub-Committee. than Assam) Dated New Delhi, the 25th August 1947. Sub-Committee. ------------------------------------------------------------------------------------- * For the relevant Appendices of the Report of the excluded and Partially Excluded Areas (other than Assam) Sub-Committee, See pages 33-34 of the original reports. ! See page 63 of the original report. !! This means that Tea-garden labour and ex tea-garden labour which consists of tribals from provinces other than Assam are excluded. ------------------------------------------------------------------------------------- [Annexure XI] ------------------- APPENDIX D Appendix A to Part I of North-East Frontier (Assam) Tribal and Excluded
Page 1 and 2:
CONSTITUENT ASSEMBLY OF INDIA DEBAT
Page 3 and 4:
y election in the case of the State
Page 5 and 6:
This is purely, if I may say so, a
Page 7 and 8:
agenda and as a protest I demand th
Page 9 and 10:
and also the province of Orissa. Th
Page 11 and 12:
does not come in in any other way.
Page 13 and 14:
part of the Constituent Assembly Ru
Page 15 and 16:
(35) (21) Janjira Sangli Savantvadi
Page 17 and 18:
signature thereto. When the Bill is
Page 19 and 20:
should be elected and that House sh
Page 21 and 22:
language." I think those of my Sout
Page 23 and 24:
announcement regarding the procedur
Page 25 and 26:
sent in their amendments in full in
Page 27 and 28:
only as a translation. The English
Page 29 and 30:
Shri R. V. Dhulekar : *[Sir, I subm
Page 31 and 32:
The Draft Constitution has been bef
Page 33 and 34:
In the U.S.A. this dual polity is f
Page 35 and 36:
which could be replaced by Parliame
Page 37 and 38:
Government of India Act, 1935, I ma
Page 39 and 40:
In the second place, it is wrong to
Page 41 and 42:
India and the overthrow of the Cent
Page 43 and 44:
That is the amendment. Shri B. Das:
Page 45 and 46:
of joint electorate and that would
Page 47 and 48:
other provincial legislatures excep
Page 49 and 50:
11. The provisions of the Constitut
Page 51 and 52:
I have the honour to forward herewi
Page 53 and 54:
memoranda from the various Provinci
Page 55 and 56:
Central revenue and the subventions
Page 57 and 58:
22. The problem before us is how to
Page 59 and 60:
use or consumption within the Provi
Page 61 and 62:
succession duties. This will also g
Page 63 and 64:
esident of India (for, today, it is
Page 65 and 66:
contingency that may possibly arise
Page 67 and 68:
74. In the meantime we make the fol
Page 69 and 70:
The most outstanding advantage of t
Page 71 and 72:
States. We are aware that many prob
Page 73 and 74:
(14) Not less than 50 per cent of t
Page 75 and 76:
Provinces or Units. 1. Duties on Su
Page 77 and 78:
Province Federal List. 14. Taxes on
Page 79 and 80:
1938-39 2,51 1,50 3,05 1939-40 2,56
Page 81 and 82:
4. Export Duties on Jute and Jute p
Page 83 and 84:
C. P. West Bengal Bihar Orissa A sy
Page 85 and 86:
[ANNEXURE IV ] APPENDIX B (i) Sea c
Page 87 and 88:
Licence fees and fines are not incl
Page 89 and 90:
p = the population of the State con
Page 91 and 92:
10 Faridkot 1,000 11 Gwalior 480 12
Page 93 and 94:
14 Tehri -Garhwal 23 4* 17.4 #Inclu
Page 95 and 96:
(2) If at a joint sitting of the tw
Page 97 and 98:
Clause 194-A. - For, clause 194-A s
Page 99 and 100:
meet the costs of such schemes of d
Page 101 and 102:
From To (2) for entry 50, substitut
Page 103 and 104:
To SIR, THE CHAIRMAN, SUB-COMMITTEE
Page 105 and 106:
The North--East Frontier ( Sadiya,
Page 107 and 108:
general in others. The States have
Page 109 and 110:
the Provincial Government was in re
Page 111 and 112:
indistinguishable from non-hill peo
Page 113 and 114:
the Government of Assam. The Assam
Page 115 and 116:
tracts, while revenue is needed els
Page 117 and 118:
-----------------------------------
Page 119 and 120:
deals with the question of franchis
Page 121 and 122:
to be maintained with the developme
Page 123 and 124:
(3) If there are different tribes i
Page 125 and 126:
Provided that no such rules may be
Page 127 and 128:
Schedule A The Khasi and Jaintia Hi
Page 129 and 130:
time the problems of administration
Page 131 and 132:
the people, if tribal councils are
Page 133 and 134:
It has been mentioned that the dist
Page 135 and 136:
district and its external relations
Page 137 and 138:
that there is an understandable fee
Page 139 and 140:
[Annexure VIII] -------------------
Page 141 and 142:
12. The Central Government should c
Page 143 and 144: 7. Shri Raj Krushna Bose. Co-opted
Page 145 and 146: total tribal population of the prov
Page 147 and 148: 3. PARTIALLY EXCLUDED AREAS - The m
Page 149 and 150: members have to be non-tribals. The
Page 151 and 152: punctuated by disorder and even reb
Page 153 and 154: The introduction of kuth cultivatio
Page 155 and 156: aboriginal members should be electe
Page 157 and 158: prevent any unnecessary complicatio
Page 159 and 160: that no direct statutory safeguard
Page 161 and 162: lenders. We consider it necessary t
Page 163 and 164: The Dewanganj, Sribardi, Nalitabori
Page 165 and 166: Bengal United provinces Punjab Biha
Page 167 and 168: Bombay suburban 251,147 13,890 5.53
Page 169 and 170: Jalaun 482,384 6,361 1.31 Hamirpur
Page 171 and 172: British Territory 10,204,733 2,484,
Page 173 and 174: 13. Serithi Goudus. 14. Holva. 15.
Page 175 and 176: 3. Bathudi. 14. Ho. 25. Mahli. 4. B
Page 177 and 178: (2) In the Federal Legislature (Hou
Page 179 and 180: 4. Bissoy - Bharangi Jodia, Bennang
Page 181 and 182: 45. Savaras - Kapu Savaras, Khutto
Page 183 and 184: 3. Chenchu. 10. Paroja. 17.Binjhia.
Page 185 and 186: The Bhainsdehi Tahsil of the Betul
Page 187 and 188: [Annexure VII] To DEAR SIR, THE CHA
Page 189 and 190: Income Expenditure 1944-45 1,64,430
Page 191 and 192: provinces for the tribals or which
Page 193: Delhi, 25th Sept. 1947. MINUTE OF D
Page 197 and 198: Provided that land required by the
Page 199 and 200: may apply any such law to the area
Page 201 and 202: District Councils should be set up
Page 203 and 204: The Lakhimpur Frontier Tract should
Page 205 and 206: APPENDIX D General Summary of the R
Page 207 and 208: 7. The Federal Government should in
Page 209 and 210: Provincial Governments (other than
show all

constituent assembly of india debates (proceedings)- volume vii

Create successful ePaper yourself

Delete template?

Save as template?