SHILLONG: For the introduction of a system of spot verification of people entering Meghalaya, as demanded by the 13 pro-ILP pressure groups, it would be necessary to create an Influx Control Protocol (ICP) through an amendment of the Constitution, lawyer Erwin K. Syiem Sutnga has said in a letter addressed to Chief Minister Mukul Sangma.
Sutnga said in his letter that the present constitutional position was that all interstate migrations of genuine Indian citizens were governed by Entry 81 of Union List (List 1) of the Seventh Schedule of the Constitution.
“The demand of NGO’s for spot checking and verification will have to be protected by the sanction of law demanding the creation of an Influx Control Protocol (ICP), which can be created under the Constitution by way of amendment of Article 371 to incorporate the powers of Entry 81 as special powers for the State of Meghalaya since the State List (List 2) has no such provisions and even if any law is made without this amendment it will be tantamount to colourable legislation,” the legal expert said.
He said that this would pave way for a three-tier card system which was expected to control influx while ensuring genuine Indian and tribal residents of this state were not harassed.
According to Sutnga, the situation pointed to the need for a legal as well as constitutional recognition of the problem.
Sutnga said that only a legal and constitutional framework could safeguard the interest of the indigenous people of the state from the problem of interstate migration and illegal entry of foreigners.
The lawyer also stressed the need to review the Indo-Nepal treaty of 1950 in the light of the need of Meghalaya to control influx.
He also wanted the Government to give more powers to headmen so that they could be the recognized authorities to certify to Government the births and deaths as well as population census of their respective areas.
Ban on coal mining
Expressing concern over the ban on rat hole mining, Sutgna said that the need of the hour was to implement a holistic mining policy to address the issue of coal mining.
“Though the effort of NGT is to be appreciated, action of the NGT is a negation of our unique rights and points to the lack of proper initiative by the Government of Meghalaya and the Autonomous District Councils to deal with the matter.”
