Shillong, March 06: The recent draft the Constitution (One Hundred and Twenty-fifth Amendment) Act, 2019 meant to amend Article 280 and Sixth Schedule has once again indicated the unwillingness of the Union Ministry of Home Affairs, Government of India to address the Instrument of Accession and particularly the Annexed Agreement of 17th August 1948 agreed between the Governor General of India and the Federation of Khasi States.
On the other hand the MHA and the respective state governments agree to implement the Two Memoranda of Settlement signed between the Government of India, State Government of Assam and United People’s Democratic Solidarity (2011) and Dima Halam Daogah (2012).
Another Memoranda of Settlement, signed between the Government of India, State Government of Meghalaya and Achik National Volunteers’ Council (2014). All these Memoranda of Settlement aim at enhancing autonomy of the existing Autonomous Councils, renaming the Councils and increasing the number of seats in the concerned Councils.
In view of the above, agreements it has been decided to amend the Constitution of India. Accordingly, the Constitution (One Hundred and Twenty-fifth Amendment) Bill, 2019, inter alia, provides for the following, namely:— (a) to amend article 280 of the Constitution enabling the Finance Commission to recommend measures needed to augment the Consolidated Fund of the States to supplement resources of the Sixth Schedule Autonomous Councils, Village Councils and Municipal Councils; (b) to rename the existing autonomous District Councils; (c) to increase the number of seats in the District Councils; (d) to provide for reservation of at least two seats for women in the District Councils; (e) to transfer additional subjects to Karbi Anglong and Dima Hasao Autonomous Territorial Councils; (f) to constitute the State Finance Commissions in the States having the Sixth Schedule areas; (g) to conduct elections to all Autonomous Councils by the State Election Commission; 8 9 (h) providing for disqualification of elected members on account of defection. This Bill is pending in the Rajya Sabha.
This policy by the State and Central Government of India and particularly the Union Ministry of Home Affairs to listen to only those who place their demands through armed violent conflict and ignoring bilateral treaties -solemn national commitments – is very unfortunate and this will prove detrimental to the peace and security of the region.
The above draft amendment while exempting village Councils and Municipal Councils from Meghalaya does not define what kind of institutions they would have in Meghalaya. It would have been resolved had the MHA and the Government of India acknowledge the existence of the Traditional Institutions of Self Government namely the Dorbar Kur, Dorbar Shnong, Dorbar Raid and Dorbar Hima in the Khasi, Jaintia and Garo hills of Meghalaya. The Memorandum by the Meghalaya Indigenous Tribal Constitutional Rights Movement (MITCRM), a conglomeration of 14 NGOs/Traditional Chiefs/ Civil Society groups has been completely ignored.
The reluctance to clearly define the traditional institutions of self government of Meghalaya (namely the Dorbar Kur – institutions of the clan, Dorbar Shnong-institution at village level, Dorbar Raid-institutions at provincial level and Dorbar Hima -institutions of State of the Khasi States in the Khasi, Jaintia -institutions of Dolloi and Garo hills – institutions of A’king Nokma – of Meghalaya) in the proposed draft of the the Sixth Schedule by the Union Cabinet is another lost opportunity for the people who are awaiting recognition for the last 71 years (1948 – 2019).
We call on the newly elected MDCs, and the State Government to reconsider this important matter and to urge the Government of India and the Parliament to correct this Constitutional Anomaly urgently before passing the above proposed draft sixth schedule amendment. Said Mr John F Kharshiing Spokesperson, Federation of Khasi States, Chairman, The Grand Council of Chiefs of Meghalaya.
