Edwingson Bareh v. State of Assam & Ors.

The case asks: could the Governor create the Jowai autonomous district under the Sixth Schedule, and was the notification valid?

The Supreme Court did not disturb the High Court’s majority view. The Governor’s notification stood. The Court read the Sixth Schedule strictly: follow the set procedure (commission → report → decision → notification). No constitutional change can happen by a Governor’s fiat.

Bottom line: with proper Sixth Schedule steps, creating an autonomous district aligns with India’s asymmetric federal design.

• Is the Governor’s notification creating the Jowai autonomous district constitutionally valid?
• Does such creation fit India’s asymmetric federalism?
• Do powers of District and Regional Councils respect the federal structure?

• Sixth Schedule, Para 14: Pathway to create/alter autonomous districts—appoint a commission, consider its report, then decide.
• Sixth Schedule, Para 1(3): Scope of Governor’s authority within the Schedule’s limits; does not confer power to amend the Constitution.
• Federal Consistency: District/Regional Councils must function within listed subjects and limits; they do not rewrite Union–State powers.

The Supreme Court dismissed the appeal. It did not interfere with the High Court’s majority view. The notification creating the Jowai autonomous district stood valid on the record.

• Sixth Schedule procedure is the controlling law; it must be actually followed.
• A Governor cannot, by notification, amend the Constitution; only Parliament can.
• Autonomous district councils operate within the Schedule; they do not upset Union–State power sharing.

• Creation of an autonomous district under the Sixth Schedule is valid when the commission–report–notification chain is observed.
• Governor’s role is bounded by the Schedule; it cannot substitute for Parliamentary change.
• District/Regional Councils’ powers remain subject-limited and do not break the federal core.

The decision shows how India manages asymmetric federalism: it allows special tribal self-rule but insists on a clear legal path and constitutional limits.

• Follow Sixth Schedule steps strictly.
• Governor cannot amend the Constitution.
• Autonomous districts are part of India’s federal design.
• Councils’ powers are limited and structured.

Mnemonic: BAREH = Bound by schedule; Autonomy with rules; Report first; Executive not Parliament; Holds valid

1. Bound by Schedule: Use the Sixth Schedule path.
2. Report first: Commission ➜ report ➜ then notify.
3. Executive not Parliament: No constitutional changes by notification.

Sixth Schedule

Part of the Constitution that provides self-governance for certain tribal areas in the North-East.

Autonomous District

A district with a District Council exercising limited legislative/executive powers on listed subjects.

Paragraph 14

Procedure to create or alter autonomous districts after a commission’s report.

Regional Council

Council for a region inside an autonomous district to manage local matters.