In News:

The Andaman and Nicobar Islands Administration has released the Draft Andaman and Nicobar Islands Tribal Councils (Preparation of Electoral Rolls and Conduct of Elections) Rules, 2026, proposing a formal electoral framework for the Nicobarese Tribal Councils. The proposal has generated opposition among the Nicobarese community, which fears that it could undermine their customary system of self-governance.

Who are the Nicobarese?

The Nicobarese are a Scheduled Tribe (ST) inhabiting the Nicobar group of islands, with a population of around 30,000. They are represented through seven Tribal Councils, including those of Car Nicobar, Nancowry, Kamorta, Teressa, Little Nicobar, and Great Nicobar. Their traditional governance is rooted in the Tuhet (extended kinship group) system and community consensus.

Key Provisions of the Draft Rules

The draft seeks to institutionalise a formal electoral system for Tribal Councils by:

• Prescribing a fixed five-year tenure for Village and Island Tribal Councils.
• Introducing electoral constituencies, electoral rolls, and formal procedures for nomination, scrutiny and withdrawal of candidates.
• Providing for the election of 5–9 Village Captains, direct election of the Chief Captain, while First Captains elect the Vice-Chief Captain.
• Reserving seats and leadership positions for women in Village and Island Tribal Councils.
• Retaining the administrative veto under the Nicobar Islands Tribal Council Regulation, 2009, enabling the Deputy Commissioner/Assistant Commissioner to invalidate council decisions considered prejudicial to public order or peace.

Traditional Nicobarese Governance

The Nicobarese follow a consensus-based governance model rather than periodic electoral competition.

• Every village is governed by a Village Council headed by a First Captain, assisted by a Second and Third Captain, generally chosen through community consensus or secret ballot whenever required.
• The Island Tribal Council comprises the First Captains of constituent villages, who elect the Chief Captain and Vice-Chief Captain.
• Leadership is based on community acceptance, merit, education, administrative ability, and trust rather than fixed electoral cycles.
• The captaincy system dates back to the 16th century and was later formalised by the British in the late nineteenth century.
• Tribal Councils received statutory recognition through the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 and the Nicobar Islands Tribal Council Regulation, 2009.

Concerns

The Nicobarese Tribal Councils argue that the proposed reforms may:

• Weaken the traditional Tuhet-based consensus system.
• Increase bureaucratic control over indigenous self-governance.
• Dilute the authority of customary institutions through formal electoral procedures.
• Strengthen administrative oversight because of the existing veto powers under the 2009 Regulation.
• Be linked to the proposed Great Nicobar Development Project, potentially reducing institutional resistance to large-scale development projects.
• Create legal concerns since the Andaman and Nicobar Islands, being a Union Territory, lie outside the Fifth Schedule, limiting constitutional safeguards available to tribal self-governance.

Way Forward

Electoral reforms should balance constitutional values of transparency, accountability and gender inclusion with the preservation of indigenous governance traditions. Institutional changes should be undertaken through Free, Prior and Informed Consent (FPIC) and extensive consultation with Tribal Councils. A hybrid governance model, drawing inspiration from the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), could strengthen democratic accountability while preserving the Tuhet-based customary governance system and ensuring that governance reforms remain independent of developmental or strategic projects.