By Toki Blah
Fact is there are hardly 35 days left for 2014 to end. On midnight of 31st December we shall be ringing out the old year, ringing in 2015 and wishing ourselves, near and dear ones, and the wicked old world, a very Happy New Year. It’s a universal ritual carried out every New Year’s Eve – to hope for a prosperous and happy 365 days ahead. A vague sentimental wish for good things to happen; for year round contentment; for all bad things to vanish. There is nothing wrong with entertaining fond hopes and wishes for the future. Problem is too many of us place too much faith on luck than anything else for the fulfilment of these dreams. For a practical few however, for those who dismiss Luck and concentrate more on practical planning, introspection and preparation, their wishes generally do come true.
Planning and preparations sound OK but what has introspection got to do with achieving future happiness? Truth is, a large part of the misery we experience in life is because of the psychological and mental baggage we bring along with us from our past into our future. Historical mental blocks from yesteryears that cause us to fall flat on our faces and prevent us for seizing opportunities tomorrow has to offer. We then end up blaming others for our own mental bankruptcy; others for our inability to visualise tomorrow. A scenario so familiar to Meghalaya and its people! So can we try to analyse some of the issues that have kept most of us, especially the indigenous population, off balance for the last 40 years? Perhaps self analysis is called for. That’s why introspection is so important if we want to help ourselves.
Let’s start with one of the issues that caused a demand for turning back the clock. There is this call for pre Independence status for the Khasi and Jaintia Hills. The ills of today can only be wiped out if tomorrow can be rewritten as yesterday or so we have been told. Let’s for a minute imagine that the status of the Federation of Khasi States is restored to the 1949-50 status. The role and powers of the State Government and the District Councils done away with! The development, administration and governance of over 30 lakh people entrusted to the kind benevolence of the Traditional Institutions. Then what? A balkanisation of Meghalaya? Do we start fighting among ourselves then? No one seems to have an answer to this nightmarish scenario, but hope is that with a little bit of luck, we’ll manage somehow. Needless to point out where unfounded sentimental hope has always led us!
Of interest is the recent news that the Centre has asked the State Government to submit a report and its views on calls to revert back to the Standstill Agreement, the Instrument of Accession and the Treaty of Merger. It’s obvious the babus at MHA are clueless about the issue and when in doubt throw the ball to the State Govt’s court. If a solution is found, the Home Ministry takes the credit. If the problem proves stubborn, it’s the fault of the State and its people. The game is not to solve problem but to get rid of a pesky file! This game of bureaucratic one up-man ship has been honed to perfection in so far as NE issues and problems are concerned. It’s a highly irresponsible, negligent and cavalier form of administration fraught with unforeseen dangers. The North East and its people have in the past paid dearly for such Central nonchalance. Time has come to call this bluff.
So what should the Government of Meghalaya do with this latest backhand notice from the MHA? Perhaps it should tell MHA not to sow mischief by raking up a matter that has already been decided by the highest court of the land since 1960; tell it to do its home work before issuing such ridiculous directions; in short, tell it to “kindly shut up”. There is the Supreme Court judgement on T.Cajee (CEM Khasi Jaintia Autonomous District Council) vs Jormanik Syiem and others, AIR report 1961,27(Y)48C40. The court verdict is quite clear on the matter. All Dominion of India agreements, treaties and pacts, are superseded and made redundant by the coming into force of the Constitution of India as on 1952. This is the legal position as it stands today and binding on the Central Govt and the state Govt as well. If the MHA is unhappy with such a judgement; if it still harbours doubts – that is a MHA problem. If MHA is so keen on flogging a dead horse, so be it. In the process however please keep our state out of it and this time Meghalaya should get its perspectives right and refuse to be bullied!
Having said that, one cannot be deaf to the cries for justice from the Traditional bodies nor be blind to the inadequacies and shortcomings of the Constitutional mechanism devised to uphold traditional and indigenous governance systems of these Hills. Mounting evidence exists that the ADCs have failed to carry out their constitutional mandate. Shabby treatment meted out to the traditional heads is one such example. Failure to protect indigenous identity and the environment is another. 6th Schedule provisions can hardly be blamed for ADC delinquency. However the composition of these bodies may perhaps have more to do with their failure and inability to govern and perform. Demands for 6th Schedule abrogation have started but before we begin throwing the baby out with the bathwater, perhaps it would be prudent to do some introspection as to why the ADCs have become such institutions of ridicule?
It is to be recognised that the 6th Schedule was framed with twin objectives, that of meeting the aspirations of the people through inclusive governance and secondly of assimilating so called backward areas into the framework of free democratic India. The above was to be achieved through Autonomous District Councils composed of elected representatives, and herein lay the fault line. Elections to the ADCs were through party based representatives. Experience has shown that MDCs viewed the District Council as a stepping stone towards a more desirable political career in the state Assembly than as a platform for uplifting indigenous culture and traditions. From an institution designed to bring in inclusive governance, the District Council was transformed into a training academy for political wanabes. Objectives of the 6th Schedule gave way to demands of opportunistic party politics. No wonder the irrelevance of the ADCs is becoming more pronounced with each passing day.
If doing away with the 6th Schedule is not the answer then perhaps amending it would do the trick. How about filling the Legislative wing of the ADCs with Traditional Chiefs instead of elected representatives? The mandate for such members is to debate, discuss and legislate on pertinent issues as enshrined in the provisions of an amended 6th Schedule. Its something they are good at. Such members will be given sitting fees but shall in no circumstance be allowed to assume Executive Powers. Execution of ADC legislation will be taken up by professional Executives (CEOs) who will be outsourced from the open market. Such CEOs will be assisted by experts in Finance, Development and Environmental & Cultural Management who also will be contracted from the open market. Employ them on a Hire and Fire basis. The job of the Legislative is to ensure compliance of its laws. Let’s have inclusive governance ably assisted by professional competence. Time we took tradition by the horns and amalgamate it with modern systems of governance! Why not? Why not indeed!
Author is President of ICARE