Constitution Bill adds defection disqualification for tribal council members

It aims to establish Village and Municipal Councils within these districts, rename existing councils, and enhance their financial resources and administrative functions.

Who it concerns: Autonomous District Councils, Regional Councils, Village Councils, Municipal Councils, and the State Governments (specifically the Governors) in the tribal areas referred to in Article 244(2) of the Constitution, including states like Meghalaya and Tripura.

What the bill does

• Amends Article 280 to allow Finance Commissions to recommend measures to augment the Consolidated Fund of a State to supplement resources of District, Village, and Municipal Councils in tribal areas.
• Renames specific District Councils (e.g., Karbi Anglong, Dima Hasao, Garo Hills, Khasi Hills, Jaintia Hills, Tripura Tribal Areas) to 'Autonomous Territorial Councils'.
• Specifies the maximum number of members and nomination requirements (including gender and tribal representation) for the renamed Autonomous Territorial Councils.
• Mandates the establishment of Village Councils for rural areas and Municipal Councils for urban areas within each District Council within one year of the Act's commencement.
• Requires the reservation of not less than one-third of seats in Village and Municipal Councils for women.
• Vests the superintendence, direction, and control of elections for these councils in a State Election Commission appointed by the Governor.
• Expands the list of subjects (powers and functions) for which District Councils can make laws, adding areas such as health, education, land and revenue, urban development, and rural development.
• Allows the Governor to entrust additional powers and responsibilities to Village and Municipal Councils for economic development and social justice.
• Establishes a State Finance Commission to review the financial position of these councils and make recommendations on tax distribution.

Also in the document

• This is a Constitutional Amendment Bill.
• It introduces specific provisions for the disqualification of council members on the ground of defection.
• It includes a provision that if a council member is elected to Parliament or a State Legislature, their seat in the District Council becomes vacant after 14 days.
• Certain provisions regarding Village and Municipal Councils in Meghalaya are conditional upon approval by the Governor of that State.