‘13th Schedule’ proposed for tribal governing bodies

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SHILLONG: Khasi chiefs and Law graduates of TISS, Mumbai recently held a discussion on a proposed ‘Thirteenth Schedule’ for traditional tribal governing institutions.

The presentation and discussion was held at Tata Institute of Social Science (TISS) Mumbai, for the students pursuing Masters of Law in Access to Justice, belonging to the Department of School of Law, Rights and Constitutional Governance.

During the discussion, John F. Kharshiing, Co-Chairman, Meghalaya State Planning Board and Chairman, Grand Council of Chiefs of Meghalaya and also spokesperson, Federation of Khasi States, gave a detailed presentation as to the constitutional anomaly existing within the Constitution of India vis-a-vis The First Schedule, The Twenty Five Khasi States, and the Instrument of Accession and Annexed Agreement, signed on August 17, 1948.

He briefed the students on the ‘relevance’ of Section 7 of the Indian Independence Act, 1947.

The traditional party-less political structure of the tribal governing institutions and the inherent contradictions within the Sixth Schedule to the Constitution of India was also highlighted.

The need for a separate schedule or article for the party-less political system of the Khasi states, was deliberated in presence of the legal faculty.

The lawyers interacted on a number of issues and were surprised to know about the Constitutional anomalies.

Some of the participants enquired about the present Constitutional linkages between the Chiefs of the Khasi States, the State Government and the Centre.

Kharshiing, explained that a Constitutional mechanism was required to implement the Instrument of Accession and Annexed Agreement, and a number of suggestions were proposed one of which was introduction of a 13th Schedule for the party-less tribal governing institutions, or creating a Regional Council under the Sixth Schedule, or by making the present ADCs party-less institutions.

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