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Draft Tribal Council Rules Spark Row, ANTCC Leader Seeks Withdrawal

Date:

Sri Vijaya Puram, June 5: The draft rules proposed for the conduct of elections to Tribal Councils in the Nicobar district have drawn criticism from the Andaman and Nicobar Territorial Congress Committee (ANTCC), with senior Congress leader TSG Bhasker urging the Administration to withdraw the draft and initiate wider consultations with tribal stakeholders before moving ahead.

In a representation submitted to Lieutenant Governor Admiral D.K. Joshi, Bhasker, who serves as Chairman of the Campaign Committee of ANTCC, raised objections to the Draft Andaman and Nicobar Islands Tribal Council (Preparation of Electoral Rolls and Conduct of Elections) Rules, 2026, contending that the proposed framework could adversely affect long-standing traditional governance systems within the Nicobarese tribal community.

According to Bhasker, the draft has been prepared without adequate consultation with the seven Tribal Councils functioning in the Nicobar group of islands and does not sufficiently reflect the customary institutions that have historically governed community affairs.

The proposed rules seek to establish a formal electoral process for Tribal Councils, including the preparation of electoral rolls and conduct of elections. However, Bhasker argued that the framework appears to have been designed on the lines of conventional electoral systems and may not be compatible with the traditional structures that have guided Nicobarese society for generations.

He pointed out that institutions such as First Captains, Second Captains, Village Captains and customary community committees continue to play a central role in governance and decision-making among the Nicobarese people. According to him, these systems have evolved over centuries and have helped maintain social cohesion and consensus-based leadership within tribal communities.

One of the principal concerns raised by Bhasker relates to the apparent omission of the Tuhet system from the draft rules. The Tuhet system, widely regarded as the foundation of Nicobarese social organisation, comprises extended kinship groups that play a significant role in community administration, resource management and social decision-making.

Bhasker contended that any framework governing Tribal Councils should recognise and incorporate this traditional institution rather than replacing or marginalising it.

He further cautioned that introducing an externally designed electoral mechanism without broad tribal consensus could alter the character of local governance and potentially create divisions within communities that have traditionally functioned through consensus-based leadership.

Another issue highlighted in the representation concerns the proposal for ward-based delimitation. Bhasker argued that dividing tribal settlements into electoral wards may be inconsistent with existing governance practices and could weaken village unity by encouraging competitive electoral politics.

The Congress leader also raised concerns regarding the preparation of electoral rolls and eligibility criteria for voting. He questioned how the draft would address the voting rights of families displaced by the 2004 Indian Ocean tsunami and tribal members currently residing outside their native villages for employment, education or other reasons.

He noted that the absence of provisions for postal ballots could effectively disenfranchise some members of the tribal community who remain connected to their villages but are unable to be physically present during elections.

The representation additionally expressed reservations over what Bhasker described as excessive powers being vested in administrative authorities under the proposed rules. He argued that the draft lacks an independent appellate mechanism for resolving electoral disputes and grievances, which could raise concerns regarding transparency and accountability.

Bhasker also pointed to what he termed internal inconsistencies within the draft. He questioned references to political party affiliations in certain provisions despite the elections being described as non-party based.

According to him, such contradictions require clarification before any legal framework is finalized.

Emphasising the unique constitutional and legal status of the Nicobarese community, Bhasker noted that the tribe enjoys protection under the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956. Given these safeguards, he argued that any legislation affecting tribal governance must be framed with sensitivity and active participation from the affected communities.

“The future of traditional tribal self-governance cannot be decided without the voice of the tribal people themselves,” Bhasker stated in his representation.

He called upon the Administration to engage with Tribal Councils, Tuhet representatives, community elders and other stakeholders before finalising any electoral framework for the Nicobar tribal institutions.

The Administration has not yet publicly responded to the concerns raised in the representation. The draft rules remain under consideration, with stakeholders expected to closely watch developments surrounding the future structure of tribal governance in the Nicobar Islands.

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