Clause 5 of the IOA & AA clearly defines restriction of Indian Legislation: FKS

Shillong, Dec 15: The Federation of Khasi State once again has written to the Chief Minister of Meghalaya Mr Conrad K Sangma reminding him of the Clause 5 of the Instrument of Accession (IOA) and the Annexed Agreement(AA) which clearly defines restriction of Indian Legislation on the Khasi States.

In the letter sent to the Chief Minister the FKS mention that there is urgent need to pass resolution urging Govt of India to incorporate the Annexation the treaty terms of the Instrument of Accession of 17th August 1948 of the Federation of the Khasi States within the Constitution of India as a permanent solution to decades of conflict with Indian Central Legislation.

Reffering to the Citizenship Amendment Act 2019, Clause 5 of the Annexed Agreement of the Instrument of Accession and Annexed Agreement of the Khasi States accepted by the Government of India on 17 August 1948.

The KFS pointed out that Inview of the passing of the Citizenship Amendment Act  2019 and in reference to State Government Statement announcing its intention to convene a one day session in bringing in a resolution for extension of the provisions of the Eastern Frontier Regulation Act 1873 in Meghalaya we would also like to stress and emphasis the urgent attention of all the MLA/MDC/ and MPs for the need of the Meghalaya Assembly to also pass official resolution urging Government of  India to incorporate the Annexation treaty terms of the  Instrument of Accession of 17th August 1948 of the Federation of Khasi States within the Constitution of India as a permanent solution to decades of conflict with Indian Central Legislation.

In April 2012 the National Commission for Schedule Tribes also passed directives to the Ministry of Home Affairs to incorporate the IOA & AA within the Constitution of India. This is yet to be done inspite of numerous reminders to the MHA from the NCST.

The Union Ministry of Home Affairs, Government of India, had written to the State Government on 25th September 2014, 14th October 2014 and 27th November 2014 seeking a status report. However, State Government till date is yet to respond to this matter.

It may be recalled that the Sixth Schedule was not what the Federation Khasi States knowing fully well that it cannot protect our traditions and institutions and especially our land laws and the result of which is the series of agitation since coming into effect of the Constitution of India since 26 January 1950 after which the Khasi States faced the first teargas and lathi charge on  27 June 1952.  Since then for last 69 years we have been faced with onslaught of Central Indian Legislation in total violation of the treaty terms of the Annexed Agreements under the Instrument of Accession of 17th August 1948.

In Clause 5 of the IOA & AA clearly defines restriction of Indian Legislation on the Khasi States including the unconstitutional Municipality of Shillong and the Cantonment. It is also to be noted that the Federation of Khasi States did not sign the INSTRUMENT OF MERGER.  Infact since records prove that the 25 Khasi State did not sign the Instrument of Merger hence Central Legislation is totally restricted to the treaty terms of the Khasis.

In order to achieve the objectives we urge your government and the 60 MLAs to pass official resolution in the Meghalaya Assembly so as to urge Govt of India to incorporate the Annexation treaty terms of the  Instrument of Accession of 17th August 1948 of the Federation of Khasi States within the Constitution of India as a permanent solution to decades of conflict with Indian Central Legislation.

The Federation of Khasi States has been calling on all political parties to fulfill their promises to address the IOA & AA however this has only been lip service till date the FKS had also earlier called for notification of the ILP throughout the state and today we are encourage by your decision to pass resolution to this effect.

We therefore once again urge the state government to kindly take up this matter of adopting resolution not only on the ILP but also on the Instrument of Accession and Annexed Agreement of 17th August 1948 in accordance with treaty terms under clause 5 of the Instrument of Accession keeping in mind the spirit of Section 7 of the Indian Independence Act 1947.

The Khasi Chiefs look forward to meeting you to discuss the conflicts that would arise from such illogical Central legislation. The same letter was sent to all political parties in the state of Meghalaya, said Mr John F Kharshiing Adviser & Spokesperson,Federation of Khasi States in the press statement.

 

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