Lai Autonomous District Council

The Pawi–Lakher Regional Council (PLRC) was created under the provision of the Sixth Schedule to the Constitution of India, as a result of the demand for political autonomy by the Pawi and the Lakher, who inhabit the Southern part of Lushai Hills. It is worth noting that PLRC was the only Regional Council of its kind in India, established under the provision of Sixth Schedule to the Constitution of India. With the upgradation of the Lushai Hills as Union Territory of Mizoram, the Mizo District Council was abolished. However, as the Pawi, the Lakher and the Chakma were not in favour of the abolition of the Regional Council, the PLRC was trifurcated into three Regional Councils, namely, the Pawi Regional Council(PRC), the Lakher Regional Council(LRC) and the Chakma Regional Council(CRC) on 2 April 1972 and the three Regional Councils were upgraded to the status of full-fledged Autonomous District Councils on 29 April 1972. Subsequently, the Pawi Autonomous District Council(PADC) was changed into the Lai Autonomous District Council(LADC) and the Lakher Autonomous District Council was changed into Mara Autonomous District Council(MADC) in 1988. As a matter of fact, PLRC was the root, from which, the present three Autonomous District Councils of Mizoram, viz. the LADC, MADC and the CADC, sprang up.

The then Pawi-Lakher Regional Council (PLRC) comprised all of the present Lai Autonomous District Council, Mara Autonomous District Council (MADC), and Chakma Autonomous District Council (CADC). The PLRC also had international boundaries with Myanmar and Bangladesh. Beside the Pawi(Lai) and the Lakher (Mara), other tribes, namely Bawm, Tlanglau, Pang, Riang(Bru), and the Chakma, also inhabited the PLRC area. The PLRC covered all the Lakher inhabited areas within Mizoram due to its compactness as well as the ethnic identity consciousness of the Lakher. However, it could not include all the Pawi inhabited areas within Mizoram because of the scattered locations and the overwhelming influence of the Mizo Union over some Pawi villages. Pu Z. Hengmang, the then Advisory Committee Member of the Lushai Hills and the first President of the Pawi-Lakher Tribal Union (PLTU), has said he tried hard at least to include all the Pawi villages of the region but he was not successful in the face of strong resistance from the Mizo Union Leaders. Thus, Pawi-villages — Lungleng, Muallianpui, South Tawipui, Darzo, Thingfal, Mamte, Thlengang, South Vanlaiphai, North Tawipui, and Sairep — were included in the Lushai Hills District. After settling the boundary dispute and demarcating it, the PLRC Advisory Committee could not take any immediate decision for locating a headquarters but ultimately Saiha was selected to be the headquarters. But Lunglei was proposed to be used as the interim headquarters.

The PLRC was entrusted with law making powers as provided in paragraph 3 of the Sixth Schedule to the constitution of India. Legislative, Executive, Financial and Judicial functions. Accordingly, it was expected to uplift the tribal communities of the region in the domain of culture, custom, agriculture, health, village communications, and sanitation, economic and rural development. In this connection the PLRC had made various Acts, Rules and Regulations on the subjects assigned to it by the Sixth Schedule. The Pawi-Lakher Regional Council (PLRC) was the root from which the present 3 Autonomous District Councils of Mizoram evolved.

The Pawi Autonomous District Council (PADC) continued to be governed by the Interim Government till the conduct of District Council Election. In the interim period, the MRC's of the then PLRC, namely L. Chinzah, U. Zathang, Arun Kumar Dewan and Lalchema continued as members and K. Sangchhum and B. Sangchema were nominated by the Administrator of Mizoram. Members who were earlier designated of as Members of Regional Council(MRC), then came to be known as Member of District Council(MDC) with the upgradation of the Regional Council to the status of full-fledged Autonomous District Council. In spite of being identified as Pawi in Mizoram, the Lai regarded the appellation "Pawi" as a derogatory term, as such; they never identified themselves as Pawi but Lai. So, the leaders of Lai began to fight and demand for abolition of the name ‘Pawi’ and wanted to change it into ‘Lai’. Thus, under the Sixth Schedule to the Constitution (Amendment) Act,1988 of Indian Parliament (No.67 of 1988) and by Notification No.DCA/E/154/81/40.the name Pawi Autonomous District Council was changed into Lai Autonomous District Council (LADC) in 1988. However, the name of the tribe is still listed as Pawi in serial number 13 of the list of Schedule Castes and Schedule Tribes of Mizoram. The three Autonomous District Councils of Mizoram, viz, the Lai Autonomous District Council (LADC), the Mara Autonomous District Council(MADC), and the Chakma Autonomous District Council were under the administrative jurisdiction of Chhimtuipui revenue district till August 1998, and Chhimtuipui district was bifurcated into two new revenue district, namely, Chhimtuipui West District with headquarters at Lawngtlai and Chhimtuipui East District with headquarters at Saiha by the Govt. of Mizoram. The Chhimtuipui west district comprised the areas covered by the LADC and CADC excluding the areas under Sangau Assembly Constituency of the LADC. The Chhimtuipui East District comprised the remaining areas of the then undivided Chhimtuipui District covered by the MADC and areas under Sangau Assembly Constituency of the LADC. Later on, per General Administration Department Notification No.F.20016/2/99 dated 3 June 1999 of the Govt. of Mizoram, Chhimtuipui West District was changed into Lawngtlai District and the Chhimtuipui East District was also changed into Saiha District. As the Lai were not satisfied with the allocation of Sangau Block under the administrative jurisdiction of Saiha District, the winter session of the LADC on 4 December 2000, unanimously resolved to request the Govt. of Mizoram, to reallocate Sangau Block under the administrative jurisdiction of Lawngtlai District. As a measure for facilitating better administrative efficiency as well as fulfilling the wishes of the Lai people, the Govt. of Mizoram placed Sangau Block under the jurisdiction of Lawngtlai District since October 2005.

The structural organisation of the LADC is broadly categorised into three main organs such as Executive, Legislative and Judiciary. The working of three organs in the form of the Legislative, Executive and Judiciary signify the autonomous powers of the District Council in exercising control over its administered area. It is an interesting feature that each of the three organs is allotted a separate Secretariat/building and each organ is headed by a separate Secretary LADC or Legislative Secretary for Legislative and Court President and Recorder for the Judiciary. Thus here lies the peculiarity of the Autonomous District Council as a bona fide constitutional body, armed with constitutional powers for protection of the ethnic customs, cultures, traditions, language and identity of the minorities.

As provided in rule no 15 of the Mizoram Autonomous District Council (Constitution Conduct of Business etc.) Rules, the post of Secretary, Lai Autonomous District Council was created in 1972. Accordingly, the appointing authority of the Secretary LADC or Legislative Secretary lies with the Chairman but not with the Executive Committee as provided in the same Rule. The Rule further says that the Secretary shall not be a member of the District Council. Thus, the Secretary as the administrative Head shall assist the Chairman and the Deputy Chairman in all legislative affairs and dealings of the LADC.

The Legislative Department functions in a Legislative Secretariat building. The Legislative Department calls session and makes necessary arrangement for session of the District Council. It also has see that 4 months shall not elapse in summoning session of the District Council but the session may be summoned often in case of emergency as provided in the LADC (constitution conduct and business etc.) Rules. It also receives questions for session from the MDCs, which should be submitted to the chairman for scrutiny, However, members should submit the question at least 15 days before the session. The Chairman has to see that questions relate to matters which are the concern of the District Council as provided in the 6th Schedule. After that questions, which are approved by the chairman would be sent to the concerned Department. For preparing appropriate answers, which should be clarified by concerned Executive Member (EM) in the session. Further, the legislative Department also sends the bills for approval of the Governor, after being authenticated by the Chairman and also makes arrangements for summoning the session for electing the Chairman, Deputy Chairman and the CEM. It also has to record and publish the proceedings of the District Council Sessions. The Secretary is also prepare a report of each meeting of the LADC and send copies of such reports to :- (i) The Government of Mizoram through the Secretary, District Council Affairs. (ii) The Chief Executive Member, LADC. (iii) The Deputy Commissioner, Lawngtlai District and (iv) All MDCs of LADC

A copy of such report, when confirmed and signed by the Chairman shall be accepted as the record of the proceedings of the LADC. Besides this, it is also the duty of the Secretary :- (i). To take charge of all records of the LADC. (ii). To keep the books of the District Council. (iii). To keep a list of business for the time being before the District Council. (iv). To superintendent the typing or printing of all papers ordered by the Chairman to be typed or printed. (v). To make out from time to time a list of all select Committee sittings. (vi). To assist the district council and all select committees in such manners as they function. (vii). To write all letters directed by the Chairman of the District Council to be written.

The Executive functions of the District Council are vested in the Executive Committee. So, all orders or instruments executed by the Executive Committee are to be made by order of the District Council. The Executive Committee is headed by the Chief Executive Member(CEM) but the administrative responsibility of the Executive Committee lies with the Executive Secretary. However, a person to be appointed as Executive Secretary shall not be a Member of the District Council. In accordance with the provision laid down in suh paragraph 2, Paragraph 6 of the Sixth Schedule to the Constitution of India, certain departments are created in the LADC with the approval of the Governor of Mizoram. As such, there are now 22 departments in LADC functioning under the supervision of the Executive. The Executive Secretary is the overall in charge of these 22 departments which are under the control of the executive and he is also the main channel of communication between the LADC and the State Govt.

The Executive in the LADC is the organ, which executes the laws made by the Legislatures. The administrative head of the Executive is the Executive Secretary and the Executive Secretary has to assist the Chief Executive Member in dealing with the Executive works of the LADC. Besides these, departments which are under the executive Secretary, are also supervised, controlled and directed by the Executive Secretary through the General Administration Department.

The Judiciary is also an important organ with small manpower, which significantly denotes the mini-government nature of the LADC. There are___ village Council Courts, two Intermediate District Council Courts and the District Council Court at the apex, designated as the LADC Court. However, all three types of courts, can litigate cases only when both the conflicting parties are tribals and they cannot litigate if non-tribals are involved. If anyone is not satisfied with the litigation of a village Council Court, he or she can appeal to the Intermediate District Council Court and from the Intermediate District Council Court to the LADC Court. Likewise, if any party is not satisfied with the decision of the LADC Court, the High Court can be approached for appeal. The working of LADC as mini-government with three organs such as legislation, executive and Judiciary is a unique feature of the Sixth Schedule. In fact, the LADC has also received grant-in-aid annually from the state and the Central Government, and it also earns its own revenue from various sources. It also undertakes various development works through the development departments, such as PWD, PHE, Rural Development(RD), LAD, Agriculture Department, Horticulture Department and Planning and Development Dept. It also takes steps for propagation, protection and preservation of the Lai ethnic identity through Arts & Culture Deptt.