Shillong, Feb 16: The Hynñiewtrep Integrated Territorial Organization (HITO), today sent memorandum to the prime minister of India Mr. Narendra Modi through the BJP state president Mr. Ernest Mawrie asking the union government to implement the National Solemn commitment’s laid down in the Annexed Agreement signed and accepted by Shri. C Rajagopalachari, Governor General ofIndia and the Chiefs of the Federation of Khasi States on 17 August 1948.
In the Memorandum they have also included, De-politicisation and provision of 10 seats for the Chiefs, Syiem, Lyngdoh, Sirdar,Wahadar and Dolloi of Hima, Elaka to be elected amongst themselves as Nominated Member of the KHADC and JHADC with a term of two years etc in The Constitution (One Hundred and Twenty-fifth Amendment) Bill, 2019.
The organization in the memorandum stated that established in 2021 to promote and protect promote the social and customary laws and practices including the treaty rights (Instrument of Accession and Annexed Agreement -17 August 1948 copy enclosed) of the Khasi States and Jaintia people we place the humble facts below for your kind consideration and intervention.
HITO request the prime minister for urgent kind consideration and intervention with the office of the Hon’ble Prime Minister and the Hon’ble Union Minister, Ministry of Home Affairs, Government of India to urgently consider the constitution of a special committee to be chaired by Hon’ble Union Home Minister, to make effect and implement the National Solemn Commitments of the Instrument of Accession and Annexed Agreement signed and accepted by Shri. C Rajagopalachari, Governor General of India and the Twnety Five Khasi States and Federation of Khasi States on 17 August 1948. (Refer National Commission for Schedule Tribes (NCST) directives and communication to the MHA during April 2012 and Oct/Nov 2014).
That till such time that the National Solemn Commitments as agreed in the Annexed Agreement of the Instrument of Accession of 17th August 1948, are not completed the following interim suggestions and views may please be seriously considered by Hon’ble Prime Minister in the upcoming amendments of The Constitution (One Hundred and Twenty-fifth Amendment) Bill, 2019 : –
The need for de-politicization and or barring political parties (recognized by the Election Commission) from the District Councils of Meghalaya as done in the 4th April 2000 notification amendment of The Meghalaya Municipal (Amendment) Act 2000 wherein section 15 was inserted stating.
“Sec 15A. Political Parties barred to contest elections – No person shall be allowed to contest a municipal election on the ticket or the Symbol of a political party recognized by the Election Commission of India” this amendment was done to convince the 32 village traditional RangbahShnong in the city that no party based politics would be allowed to undermine the traditional customs of the Dorbar Shnong’s in the city.
The politicization of this social and customary institution by the political parties has reached such a level that during 2015-2018 a new political party came out of the KHADC.
It can be seen in the past 97% of MDCs in the KHADC contest the MLA elections, during the 2018 MLA general election 26 out of the 30 MDCs contested the MLA elections similar such instances are common in the past, causing a huge vacuum in the administration of the KHADC. iii) Numerous instances of interference by the MDCs in the DorbarShnong, Dorbar Raid and DorbarHima after the MDC elections leading to a number of litigation in the courts.
Special Assistance Schemes from the Government of India meant for the villages was divided among the ruling party MDCs as MDC funds and sanctioned only on the basis of political affiliation.
Such is the state of affairs that for some time now sessions are shockingly held only for 2days and at times even for only 1 day thereby not completing codification which is the very basic purpose for which it was enshrined in the Constitution of India.
The delay for decades to provide quality legislation for the DorbarShnong, Dorbar Raid and DorbarHima/Elaka in delivery of basic civic governance led to the recent agitation due to lack of garbage dumping locations in both KHADC and JHADC causing serious threat to the environment.
The inability and scant interest to resolve constitutional conflict due to politicization of the ADCs vis-à-vis the Forest Conservation Act 1980, the Constitution (Schedule Tribes) Order 1950 and 1976 just a few examples causing and forcing the emergence of hundreds of illegal sawmills which now results in huge loss to the exchequer of the State since 1997
The inability to resolve and make effect the IOA & AA of 17 August 1948 signed and accepted by Government of India and the Khasi States is one of the primary causes for the Constitutional Anomaly that exist till date and will be a monumental hurdle in the amicable resolution of the boundary disputes between the Khasi States – Jaintia Hills and boundary dispute with Assam and Bangladesh.
This present dispute only confirms that the Chandrachud Commission of 1985 did not do justice to the Khasi States. Please also note that the Khasi States are not in agreement with the Land Boundary Agreement (LBA) July 2015 agreed between India and Bangladesh.
Provision of ten (10) nominated seats for the Chiefs (Syiem, Lyngdoh, Sirdar, Wahadar&Dolloi) of Hima/Elaka in both Khasi Hills Autonomous District Council (KHADC) and in Jaintia Hills Autonomous District Council (JHADC) to be elected amongst themselves as nominated Members of the KHADC and JHADC with a tenure of two years so as to allow the 54 Khasi and 19 JaintiaHima/Elaka to participate in the expeditious codification of their social customary laws and practices.
Even if all the 54 Chiefs in Khasi and 19 in Jaintia Hills are nominated as MDCs the stated concern for financial burden does not arise, as no salaries would be required for the Chiefs of the (Hima/Elaka) in KHADC and JHADC expect sitting fees during the sessions.
The Sixth schedule to the Constitution of India came into effect from the 26th January, 1950. Since, the United Khasi-Jaiñtia Hills Autonomous District Council was yet to be constituted then, an Advisory Council was formed by the Governor of Assam, Shri Sri Prakasa for the constitution of the District Council as empowered under the provisions of the said schedule.
The Advisory Council which was inaugurated on the 24th of May 1950 by the Chief Minister of Assam, Shri. GopinathBordoloi consisted of 19 members, prominent among them was the most prominent Chief Olim Sing Syiem, Syiem of HimaKhyrim, and prominent leaders of the Khasi States Constitution Making Body and two other women.
Refer – recommendations of the National Commission for Review of the Working of the Constitution (NCRWC) constituted by the Prime Minister Atal Bihari Vajpayee, which was placed before parliament duing March 2002 which recommended besides others 5-Syiem, 5-Dolloi, & 5-Nokma to be elected amongst themselves as nominated MDCs in the three ADCs of Meghalaya.
The need for one of the Chiefs by rotation (Syiem, Lyngdoh, Sirdar or Wahadar) of Hima/Elakain KHADC and Dolloi in JHADC shall be elected as Chairman of the KHADC and JHADC respectively as this is a constitutional institution meant for protection of the social and customary laws and practices of the Khasi and Jaintia people and to ensure stability of the Council which has seen a record 43 Chief Executive Members in the KHADC.
In a span of six decades resulting in the non-completion of the critical and important codification of the social and customary laws and practices of the 54 Khasi and 19 JaintiaHima, Elaka’s for last 69 years. Only a few Acts and Rules have been framed for the Hima, Elaka which has caused immense conflict confusion and led the Chiefs to endlessly seek litigation from the courts of Law.
The mandatory election of one of the Chiefs as “Chairman” of the KHADC/JHADC will restore the respect of the institution and confirm to the social customary laws and practices wherein the Chief presides as Speaker of his DorbarHima in a neutral capacity since there is no ruling and no opposition in the Khasi &JaintiaDorbar system.
Since the Chiefs at Hima level is by nomination they would have better focus on the objectives of fulfilling the mandate of the Sixth Schedule as they would not be focused on their known objective of contesting the next level which is the MLA elections.
The urgent need to constitutionally recognize the tribal political institution of the Khasi, Jaintia, Nokma people such as Syiem, Lyngdoh, Sirdar, Wahadar, Dolloi, DorbarHima at the apex level, Syiem, Lyngdoh, Basan, Myntri, Banthai, Sordar, Dorbar Raid at the provincial leval and RangbahShnong, SordarShnong, MyntriShnong, DorbarShnong at the Level of the DorbarShnong level by name in a special article of the Constitution of India
The need to reduce the tenure of the District Council members from five years to four years. The need for a provision that the District Council Sessions must be held for a period of 20 days every month so as to complete quality legislation and codification.
The need to include “recall” provisions enabling twenty five percent (25%) of the illegible constituency electorate to sign a recall of their representatives and holding of fresh elections or to include “run-off ’’ provisions where the winner must be voted by 60% of the votes failing which a run-off must be conducted.
The Indian political electoral system is debatable as it is based on first past the post hence a majority of candidates are elected without achieving the majority votes.
For an institution which is to preserve and protect the social and customary laws and practices besides the Chiefs of the Hima who are nominated the elected MDCs must be elected by a majority (i.e) by 60% of the electorate in a run-off process
To conduct proper delimitation of the MDC Constituencies so as to ensure that the number of voters in each constituencies are same between the three Autonomous District Councils (KHADC JHADC and GHADC).
When delimitation for MP and MLA has been completed the delimitation for three ADCs is yet to be done fairly.While 7 MLAs in Jaintia Hills have 30 MDCs it is not understood how 29MLAs in Khasi Hills District have only 30MDC by the above number of MLAs the KHADC should get a minimum of 125 MDCs.
Recall the original proposal of the architect of the Sixth Schedule Rev JJM Nichols Roy was to provide a UNITED administration for the Khasi States and the small British Areas. This objective failed when politicizations of the ADCs happened with the creation of the JHADC being notified on 23 Nov 1964.
To include five elected “MDCs at Large” out of the 30 MDCs whose constituencies , electorate would include the entire District Councils. Having “MDCs at Large” would greatly enhance the quality of debates and discussions of the three ADCs. The views, opinions, suggestions and focus of the MDCs at Large would always be in the larger interest of the District Councils.
HITO the youths of the state we are totally disillusioned with the ineffectiveness and functioning of the Autonomous District Councils which poses a question on its relevance and tend to wonder if the Ministry of Home Affairs is concerned about the lack of focus and objectivity of these institutions since till date they have not even completed the legislation (codification) of the Acts and Rules of the Hima, Elaka in Khasi and Jaintia Hills. The Memorandum was sign by the Presdient Mr. Dobok Dkhar and five others members of the organsation.
