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Which one of the following regarding the tenure of the elected members of the Autonomous District Council is correct?
Explanation
According to the Sixth Schedule of the Constitution of India, which governs the administration of tribal areas in the North-Eastern states, the tenure of elected members of an Autonomous District Council (ADC) is specifically defined. While general texts mention a five-year term [2], the precise legal provision under Paragraph 2(6A) of the Sixth Schedule clarifies that elected members hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections [4]. This term is subject to the Council not being dissolved earlier by the Governor under Paragraph 16 [3]. In contrast, nominated members serve at the pleasure of the Governor [3]. This provision ensures that the five-year clock begins only when the Council formally commences its legislative and administrative functions, rather than the date of the election results or the administration of the oath.
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 417
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 417
- [3] https://www.mea.gov.in/Images/pdf1/S6.pdf
- [4] https://upload.indiacode.nic.in/schedulefile?aid=AC_CEN_5_5_00045_196955_1517807324804&rid=220