125th CONSTITUTION AMENDMENT BILL - POLITY

News: Recently, the Chief Executive Magistrates (CEMs) of 10 Autonomous District Councils (ADCs) from northeastern states of Assam, Meghalaya and Mizoram and Tripura met the Union Home Minister, putting forward the demand of passing of the 125th Constitutional Amendment Bill.

 

  • In this context, the Union government decided to form a committee headed by the Minister of State for Home Affairs to resolve the issues related to the Bill. 

 

What’s in the News?

What are the Proposed Amendments in the 125th Constitutional Amendment Bill?

  • The Bill aims to grant more financial, executive and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
  • Village and Municipal Councils: 
    • The proposal includes the creation of Village and Municipal Councils alongside the existing District and Regional Councils. 
    • Village Councils will be set up for individual villages or clusters of villages in rural areas, while Municipal Councils will be established in urban areas within each district.
  • District Councils will have the authority to enact laws regarding:
    • The number and composition of Village and Municipal Councils.
    • The delimitation of constituencies for elections to these councils.
    • The powers and functions of the Village and Municipal Councils.
  • Rules for Devolution of Powers: The Governor will have the authority to create rules for the devolution of powers and responsibilities to Village and Municipal Councils. 
    • These rules may cover:
      • The preparation of economic development plans.
      • The implementation of land reforms.
      • Urban and town planning.
      • Regulation of land use, among other responsibilities. 
    • The Bill proposes that the Governor may also establish rules for the disqualification of council members based on defection. 
  • State Finance Commission: The Bill provides for the appointment of a Finance Commission in these states to assess the financial status of District, Village, and Municipal Councils.  The Commission will make recommendations on:
    • The distribution of taxes between states and District Councils.
    • Grants-in-aid to District, Village, and Municipal Councils from the state’s Consolidated Fund.
  • Elections to Councils: Elections for District Councils, Regional Councils, Village Councils, and Municipal Councils will be overseen by the State Election Commission, which is appointed by the Governor for these four states.
  • Current Status of the Bill:
    • The Constitution (125th Amendment) Bill 2019, was introduced in the Rajya Sabha and was subsequently referred to the Departmental-Related Standing Committee on Home Affairs. 
    • The committee raised several concerns about the Bill in its 2020 report, and it has remained pending since then.

 Source: https://www.thehindu.com/news/national/centre-to-form-panel-sort-issues-stalling-amendments-to-sixth-schedule/article68446283.ece#:~:text=The%20Constitution%20(125th%20Amendment)%20Bill%2C%202019%20was%20introduced,has%20been%20pending%20since%20then