To,
Shri. Pynshngainlang N Syiem, MLA & MDC,
Chief Executive Member,
Khasi Hills Autonomous District Council,
Shillong
Subject : Resolution of the Federation of Khasi States on 3rd April 2013
Refer : Your letter No.DC.II/Genl/8/2013/6 Dated the 4th March 2013
Your letter No.DC.II/Genl/8/2013/4 Dated the 11th February 2013
Your letter No.DC.II/Genl/92/2009-13/56 Dated the 4th January 2013
Our letter No. GCCM-FKS-JFK/ADC/2012-679 Dated June 25, 2012
Sir,
With reference to your above mentioned letter, the meeting of the Grand Council of Chiefs of Meghalaya (The Grand Council of Chiefs of Meghalaya, (comprising of Ka Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep, Federation of Khasi States, Sirdarship, Dolloi & Council of Nokmas) which met on April 3, 2013, in Shillong, deliberated the proposed Amendments to the Sixth Schedule to the Constitution of India, and unanimously passed resolutions which are attached for your reference.
The Grand Council of Chiefs of Meghalaya would also like to draw your attention to the National Commission for Schedule Tribes (NCST), a constitutional authority under article 338 which, after conducting a hearing issued a directive on 26 April 2012, to the Ministry for Tribal Affairs.
Thereafter the Council of Chiefs of Meghalaya met Shri.VK Chandra Deo, Union Minister for Tribal Affairs, on June 7, 2012, Shri. M.Venkaia Naidu, MP, Chairman, Parliamentary Standing Committee, Home Affairs, on June 8, 2012, and Smt. Sonia Gandhi, Chairperson, UPA and NAC, on June 9, 2012. (memorandum and correspondence of which is attached)
The issues of the Instrument of Accession and Annexed Agreement 17 August 1948, signed and accepted between the Khasi States and the Government of India is under active consideration, and if the proposed Amendments to the Sixth Schedule are undertaken without acknowledgement of the above developments there may be further confusion and contradictions of overlapping jurisdiction and authority on a number of issues, especially within the said Khasi States (then Indian States)
The Grand Council of Chiefs of Meghalaya, urge the(three) Khasi, Jaintia and Garo Autonomous District Councils to seek Constitutional interpretation from the Ministry of Law and Justice, Government of India and the also from the Supreme Court of India, on Section 7, of the Indian Independence Act 1947; the Instrument of Accession and Annexed Agreement (IOA & AA) signed and accepted by the Government of India on 17 Aug 1947; White Paper on Indian States, placed before Parliament by Shri. Sadar Valabhai Patel, Dy Prime Minister, i/c Ministry of States, (now known as Ministry of Home Affairs) vis-à-vis the constitutional validity of the Meghalaya Municipal Act of Meghalaya (particularly within the Khasi States).
It is in this connection and in view of the urgency of the matter, the Grand Council of Chiefs of Meghalaya proposes that alternatively the Instrument of Accession and Annexed Agreement 17 August 1948, signed and accepted between the Khasi States and the Government of India, must find mention either in the proposed amendments to the Sixth Schedule or by way of inclusion of a separate Thirteen Schedule and or by constitution of a Party less Council so as to include and provide political space to the Partyless institutions to the Khasi States and to support the vision of Late Rajiv Gandhi, former Prime Minister of India who in his official speech, on 15 May 1989, while introducing Panchayati Raj Bill in Indian Parliament, stated that quote ‘in Meghalaya there are Traditional Institutions of Self-Government which must be preserved’unquote.
It may also be pointed out that as noted and requested by the Ministry of Home Affairs, the State Government in collaboration with the three Autonomous District Councils should urgently initiate and constitute multiple legal teams to assist the Khasi States, Sirdars, Wahadadar, Lyngdoh, Dolloi, and Nokmas (54 Hima in Khasi Hills(includes the 25 Khasi States; 18 Dolloi and 1 Sirdar in Jaintia Hills; and 1400 Nokmas in Garo Hills) in finalizing the legislation and codification of traditional Laws in a time bound manner, such that the indigenous nomenclature of the three tire traditional and customary institution of Dorbar Kur, Dorbar Shnong, Dorbar Raid, and Dorbar Hima, (Syiem, Lyngdoh, Sirdar, Wahadadar, Dolloi and Nokma) instead of the word ‘chiefs’ must be mentioned in the Sixth Schedule in accordance with the IOA & AA 17 August 1948.
In conclusion, we call on the (three) Khasi, Jaintia and Garo Autonomous District Councils and the State Government of Meghalaya to pass resolutions urging the Government of India to fulfill the solemn national commitments made on the attainment of Indian Independence.
Khublei – Metila,
Bah John F Kharshiing, Bah Harlinjai Skhemlon,
Chairman, Grand Council of Chiefs of Meghalaya, & Sirdar Hima Mawdon,
