Shillong, May 28: The Grand Council of Chiefs of Meghalaya(comprising of the Ka Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep, Federation of Khasi States, Ka Dorbar Ki Dolloi, Ki Sirdarship, and Council of Nokmas) which was held on 9th May 2014, which expressed its serious concern as to the constitutional validity of the ban on coal mining in Meghalaya.
In this context the Federation of Khasi States, draws your urgent attention to the conditions of the treaty, Instrument of Accession and Annexed Agreement accepted by the Central Government on 17th August 1948 (a copy of the above agreement mentioned in the official White Paper on Indian States, was submitted and placed on record before Parliament by former Dy Prime Minister Late Sardar Valababbhai Patel) during 1949 and 1950.
It is also pertinent to note that the Federation of Khasi States did not sign the Instrument of ‘Merger’ they collectively and individually signed only a conditional Instrument of Accession with an Annexed Agreement on 15th December 1947, and which was accepted by the central government on 17th August 1948.
In the excitement due to the attainment of Independence the treaty obligations were overlooked. Constitutionally, on the other hand the treaty Instrument of Accession and Annexed Agreement is the official treaty that binds the Khasi States with the Dominion of India.
As you are aware, the Grand Council of Chiefs of Meghalaya (Federation of Khasi States, Council of Dolloi, Council of Nokmas) approached the National Commission for Schedule Tribes,(NCST), and the National Human Rights Commission(NHRC), who have stated and directed the Union Ministry for Tribal Affairs, Union Ministry for Home Affairs, Government of India, to take necessary steps to implement the IOA & AA.
In the meantime, we are concerned that inspite of our numerous memorandums to the Central Authorities, in a number of cases honorable courts and tribunals are interpreting Indian Laws, Acts, Rules, and Regulations, passed by parliament based on the existing land tenure system where Land elsewhere belongs to the Government of India, while in Meghalaya (Federation of Khasi States not merged) land customarily is held and belongs to the people.
There exist a Constitutional Anomaly in the Constitution since last 64years (1950-2014), and because of this anomaly which is yet to be rectified the Acts, Rules and Regulations passed by Parliament, are, in most cases in conflict with the traditional customary rights of the Khasi, Jaintia and Garo people over their Land, Water, Forest, Minerals, including Legislative, Executive and Judicial Powers etc..
In the present instance, the intrusion and the recent ban by the National Green Tribunal is unconstitutional and illegal as it violates the treaty rights agreed upon between the Indian Government and the Federation of Khasi States.
We also recollect, that the Coal Mines Nationalisation Act 1973 was vehemently opposed by the people of the State as this Act speaks of Acquisition of the rights of owners of coal mines (read section 3), in short, this Act bars any person except the Central Government and its authorized lessees to mine coal and other major minerals in India. We recollect our former MP late Prof GG Swell, had raised this matter with the Central Authorities and the response then, was that the State Government could move the center for such exemptions, which has not been done till date.
The pertinent question here is how can central government through these Acts own tribal Khasi, Jaintia and Garo Land in Meghalaya and in turn lease to mining companies to mine coal. One can understand if Government leased their own land to mining companies but that cannot be the case in Meghalaya (read the Agreement of the Khasi States mentioned in the White Paper on Indian States.)
If one reads the Coal Mines Nationalisation Act 1973 and the Mines and Minerals (Development and Regulation) Act 1957, both these Acts have been framed and legislated to have jurisdiction over Indian Land, their jurisdiction and extension over Khasi States, Jaintia and Garo, Land, Water, Forest and Minerals etc., is in our view a Constitutional Anomaly and seriously undermines the IOA & AA.
We also draw your attention to the recent note from the Parliamentary Standing Committee on Home Affairs, seeking opinion from State Government as to the demands for a separate ‘partyless council’ made by the Grand Council of Chiefs of Meghalaya, for which the Chiefs are awaiting the State’s response.
Under the circumstances there is urgent need for the State Government to move an official resolution under Para 12 A(b) of the Sixth Schedule, in the State Assembly for i)Suitably amending and exempting the many Acts and Rules applicable to Mining in India vis-a-vis Meghalaya ii) Incorporating the IOA & AA within the Constitution of India through a special Article so as to have permanent solutions to the frequent conflict between customary laws with Legislation passed by Parliament.(SP News)
