Schedule VI & Transfer of Land (Reg.) Act, 1971- RIP

By Morning Star Sumer

Two bold headlines, viz. “City headmen to defy HC order on NOC” and “Order on land transfer quashed”, both in the front page of The Shillong Times of Sunday, February 01, 2015, have compelled me to wriggle out of my shell into which I had, perforce, withdrawn in disgust because of the apparent lack of comprehension among our intellectuals and elected representatives, of the constitutional provisions for good effective governance in our state. Our intellectuals seem to have become comatose from the effect of some unknown disease which seems to defy diagnosis while the know-alls among our so-called leaders and politicians seem to have become extremely arrogant and egoistic.

                        As every unsophisticated Khasi tribal knows, headmen (Rangbah Shnong) were traditionally the grass root level administrators of villages in our culture. They were empowered by the Dorbar Shnong/Dorbar Pyllun (village committee/council/durbar) to govern or administer their respective villages. When these hill areas fell to the powers of British colonizers and came under their administration, British officials wisely took cognizance of the then tribal form of administration and allowed them to continue their traditional practices or customary laws which enabled them to govern peacefully while, at the same time, gradually introducing subtle changes to suit the demands of the times. When India achieved the goal of Independence in August 15, 1947, the system continued to operate till 26^th January 1950 – the first Republic Day – when the provisions of the Constitution of India came into force. From that first Republic Day onwards the Constitution of India became the political Bible for governance in India. However, because of the recognized backwardness of some areas, the founding fathers wisely saw it fit to accept the recommendations of the outgoing colonial powers to provide an appropriate system of governance in these areas, whence another set of provisions under the Sixth Schedule to the Constitution was enacted to safeguard the interests of various tribes inhabiting areas in different states or provinces like the Punjab, Madras (now Chennai), UP, Bihar, Orissa (now Odisha), Assam and Bengal (now West Bengal). The Schedule created the Autonomous District Councils (ADCs). The first ADC in the erstwhile province of Assam was established in 1952 with the inauguration of the United Khasi and Jaintia Hills Autonomous District Council on June 27, 1952 which, later, was split into two ADCs – the Khasi Hills Autonomous District Council and Jaintia Hills Autonomous District Council – which continue to exist now side by side.

                        A former Chief Justice of India (CJI), M. Hidayatullah, in his Anundoram Barooah Law Lecture delivered at Guwahati on November 19, 1978 had opined that the Sixth Schedule to the Constitution of India is a Constitution within a Constitution. Unfortunately none of our so-called leaders and politicians seems to have comprehended what that means. The result of that incomprehension is non-governance, both at the District and State levels. Non-governance has led to impasse such as the one now over the powers, functions and limit of these powers and functions of the RS (Headmen).

                        Instead of waking up from their stupor, the District Councilors (MDCs) chose to confront the High Court by bravado to invite disastrous judicial disciplinary action against the CEM whose fate now hangs in the balance at the Division Bench of the Meghalaya High Court.

This writer has always included constructive suggestions along with his comments on any important issue (s): sadly these suggestions seemed to have fallen on deaf ears because there had never been any reaction from readers: action by concerned authorities is even more impossible because of officials’ and politicians’ arrogance and egoistic mindset. However, it is necessary to din into their ears with suggestions because repetition may eventually cause them remorse to the extent that they may realize that they have been irresponsible so far and may, therefore, act more responsibly. To cut short this dissertation, it is necessary to briefly state that Para 3 (1) (e and f) of the 6^th Schedule to the Constitution empowers the ADCs to make laws for the establishment of village/town committees or councils (Dorbar Shnong) as may be deemed suitable to the aspiration of the indigenous population in the respective areas.

In a letter under the caption, “Traditional Institutions Vrs Law Enforcement” (ST January 6, 2015) this writer had suggested that “this issue should be addressed immediately to secure our rights to practice our customary laws within the constraints of the Constitution which is paramount in administration of justice in the Union, in which the majority of our people had reposed their faith for law and order since Independence Day 15^th August, 1947” It is up to the powers that be to do what they may deem fit.

                        The other caption headlined, “Order on land transfer quashed”, makes for interesting reading for seriously concerned readers of all hues on the political canvas. The cost of the legal battle between the Meghalaya Govt. and Amrit Cement Company should be put in the public domain as the people have the right to know how public funds are being misused by the custodians of the State’s Exchequer. One hopes that the NGOs are keeping their ears and eyes peeled to raise relevant questions after obtaining information through the process of RTI Act, 2005. Really seriously concerned readers should read Appendix A to the article in a booklet entitled “The Khasi Land Tenure System in the Context of Modern Society” which was discussed in the seminar convened by the KJWA on 4^th August, 2012. It will help if readers give their comments and suggestions – pros or cons – on the article and other articles or write-ups from any source(s) on this subject matter. It will help us to read and analyse each other’s perception with the view that a better and collective view may emerge that may help bring changes for the better.

Whatever may emerge from such exercise it would be useless if we are not willing to move the powers that be to do their mandated jobs/work for the people who had elected them in their respective constituencies.