The question of autonomy of Darjeeling hills is no longer an issue of mere administrative reforms, it has been the true reflection of the complex mosaic of the Indian federal structure, development of a community with self identity, distinctive language, culture and an effective movement for the protection of land rights. For over a considerable time span, the Darjeeling hills experienced upheavals for an honourable permanent political solution of their demands and expectations. On the basis of the Tripartite Agreement concluded in 2005, the 107th Constitution Amendment Bill raised in the Lok Sabha in 2007, had been an important watershed in the political history of Darjeeling. Uunfortunately, however, it couldn't turn into an Act due to the inexperience of conflict resolution mechanisms in the Northeast and extreme political polarisation. From the perspective of 2004-25, when the political equations in the Darjeeling hills have taken a different turn and when the Central Government has appointed an interlocutor for a permanent political solution to the problems of Darjeeling, the relevance of the 107th Constitution Amendment Bill as raised in the Lok Sabha needs to be revisited and reconsidered after bringing required modifications, inclusions and reforms.

For Darjeeling, the demand for separate politico-administrative rule is not a recent phenomenon, it is historically rooted in the Memorandum submitted in 1907 by the Hillmen Association to the British authorities for a separate administration of the Darjeeling hills. This demand was supported by the European Association and Planters' Association. During 1946, the undivided Communist Party of India did raise the demand for the right of self- determination, and thereafter for regional autonomy and constitutional recognition of the Nepali language. With these, the demands for autonomy of the Darjeeling hills did take legal and political shape. After Partition in 1947 and during the states reorganisation on the basis of language in the 1950s, the undivided Communist Party had reiterated these demands for the Darjeeling hills. During the decade of 1980, the turbulent movements of the Gorkha National Liberation Front led by Subhas Ghising had ultimately culminated in the Tripartite Agreement in 1988 which resulted in the formation of the Darjeeling Gorkha Hill Council (DGHC). Even after operation of the DGHC for nearly two decades, this structure could not fulfill the hopes and aspirations of the hill people due to its limitations and weak legal-administrative  structure. The GNLF Supremo had understood that a simple regional council would not be able to satisfy the Gorkha aspirations, the need of the hour was to arrange for a constitutionally recognised safety valve for recognition of the separate identities of the Gorkhas of Darjeeling. As a result, with a mutual tripartite agreement during 2005, the proposal was raised in Parliament in the form of a Bill in 2007 to bring the Darjeeling hills under the Sixth Schedule of the Constitution.

The 107th Constitution Amendment Bill, 2007 (The Sixth Schedule to the Constitution Amendment Bill) was a historical step towards fulfillment of the hopes and aspirations of the people the Darjeeling hills. This Bill primarily proposed to bring Darjeeling under the fold of the Sixth Schedule so that an Autonomous District Development Council with the highest level of autonomy and legislative power could be provided to the people of Darjeeling. Such autonomous District Development Councils have been prevalent in states belonging to Northeastern part of India, Assam, Meghalaya, Tripura and Mizoram. The 107th Amendment Bill proposed for Darjeeling  precisely a similar structure as provided to the Boroland Territorial Council, Assam, constituted by the Constitution Amendment Act, 2003. The proposed Amendment Bill, 2007, relating to the Darjeeling Hill Council, had provided for 33 Members in Council out of which 28 Members were to be elected directly by the votes of people and 5 members were to be nominated by the honourable Governor. An accurate balance was proposed to be maintained for the reservation of seats in the Council. 10 seats were reserved for Scheduled Tribes, 15 seats were reserved for the non-Tribal communities and 3 seats were made open to all. Out of 5 nominated members, two women nominations were proposed as mandatory. Such a balanced distribution of seats was important for the reason that during 2007 the tribal population of Darjeeling hills represented 32 per cent of the total population. The policy of seats distribution was designed to resolve the conflict of interests between the tribal and non-tribal population of Darjeeling and also to give recognition to the diversified demography of Darjeeling.

As per Section 3(c) of the 107th Amendment Bill, the Hill Council of Darjeeling was provided with the power of legislation on 45 Subjects. Such an arrangement was not a simple attempt to delegate legislative or administrative powers, rather it had attempted to explore regional sovereign authority. The proposed 45 Subjects include Land Reforms, Education, Forest Management, Agriculture and Water Resources. Importantly, there had been scope in the Bill to constitute local judicial administrative structures in the hill, wherein the customary laws could have been adjudicated to resolve local area based conflicts and dissents. In fact, the Sixth Schedule of the Indian Constitution stands for the protection of tribal lands, cultures, social customs, self identity, and local environment. The Schedule provided for constituting autonomous regional council having legislative, administrative and restricted judicial powers to ensure that participation of local people could be ensured in local decision making processes.

17 years after the raising of the Sixth Schedule Bill in the Lok Sabha, when there is a move for a permanent political solution for the Darjeeling hills, the experts suggest that the Sixth Schedule for Darjeeling be taken as the basic constitutional political structure along with accommodation and adoption of changes that have taken place between 2007- 2025. The opinions of social scientists and political leaders should be considered while bringing such reforms to the Sixth Schedule.

In October, 2025, the Government of India appointed Mr. Pankaj Kumar Singh, a former IPS, as interlocutor to bring forth a report for a permanent political solution for Darjeeling and Duars. Mr. Singh is not only a senior police officer but also a natonal security advisor too. The geo-strategic and political location of Darjeeling and Duars has been very sensitive from the point of view of India's national security. The Siliguri Corridor is also extremely important. The region is bordered by Bangladesh, Nepal, Bhutan, Tibetan China and the North-Eastern states of India. A national security advisor can well perceive the strategic concerns of this region. However, there has been dissent on the unilateral appointment of such an interlocutor. The state government has not been taken into confidence while making such an appointment which goes against federal principles. As a result, the future efficacy of such an interlocutor has been questioned. Critics said that such an appointment is a political gimmick on the part of the political party in power in the central government with a motive to strengthen the vote bank at a time when the assembly elections in West Bengal is in the offing. Experts have expressed doubts whether such an appointment of an interlocutor would be able to bring a permanent political solution for Darjeeling or would bring further complications. The West Bengal government has already officially said that the central government has not consulted with the state while making the appointment. It is always important to have coordination between the central government and state government for reaching any sort of permanent political solution in Darjeeling. It is not out of place to mention that the 107th Constitution Amendment Bill was raised in Parliament on the basis of consensus reached between the central and state governments and the then Darjeeling Gorkha Autonomous Hill Council with Inderjeet Khullar as the Interlocutor.

One of the principal demands of the hill people is to have Scheduled Tribe status for the additional eleven sects belonging to the Gorkha community. There were upheavals and violent political movement during November, 2015, on the issue and eleven people died. The inclusionary demand to have tribal status has a direct bearing on the autonomy movement to reclaim the right of self determination. If the eleven sects were provided with tribal status, it would have been easier to form tribal autonomous development council in the Darjeeling hills under the Sixth Schedule of the Constitution. It is noteworthy  that provisions of the Sixth Schedule do not make it mandatory that in order to constitute Autonomous Development Council, fifty per cent of the population should belong to the tribal category. History suggests that despite the existence of 38 per cent population belonging to the tribal category, there was no complication in constituting the Boroland Territorial Council by means of a constitutional amendment.

It is reiterated that by accommodating recent developments and challenges, the 107th Constitution Amendment Bill be reorganised and placed before Parliament for a permanent political solution for Darjeeling. Experts are of the view that before such modifications of the Bill, the issues of unemployment of the youth of Darjeeling, land rights, environmental issues and the Siliguri Corridor issues need to be considered thoroughly. Such a reconstituted highly empowered Autonomous Development Council would ultimately act as a 'social buffer' ensuring maximum participation of the people in the decision making process.

Instead of erecting concrete structures in the fragile hills of Darjeeling, the actual power of legislative decision making should be vested in the Autonomous Council for legislation on ecotourism and development of local culture. In the 107th Amendment Bill, tourism as a subject for legislation was vested in the proposed Council, ensuring 80 per cent employment in the field of travel and tourism. There aught to be control and prohibition on the illegal expansion of home stays.

To conclude, as the river Teesta perennially flows unabated, so the hopes and aspirations of the people of Darjeeling Hills are invincible. The most pragmatic solution to resolve the problems is to bring Darjeeling under the fold of the Sixth Schedule and to reach a permanent political solution. The chief executive of the Council should be provided the status of a cabinet minister of the state government. A strong bureaucratic structure along with trained administrative staff should be arranged to make the proposed Council operative and functional. Without dishonouring the sentiments, tears, toil and blood of the people of the Darjeeling hills, it is stated that the remodified and reformed Sixth Schedule Structure is a plausible alternative for the Darjeeling hills. Making Darjeeling a peaceful and glorious hub of the North-Eastern region should be the avowed objective and pledge of 2026.