By Phrangsngi Pyrtuh
The Indian legal system is inspired by the British system where the rule of law is prerequisite to the functioning of democracy. The British supplanted the ancient laws of India with their own version of judicial system which still continues and holds sway in almost all aspects of the Indian legal system. For instance the rule of law introduced by the British is indispensable to democracy that the British introduced. Yet the same process was exempted for certain parts of India such as the hill regions of Assam. The special areas of the North East were never brought under the direct control of the British Raj. Instead the Inner Line Permit system ensured that the hill regions were largely left to continue as they were as long as they remained subservient to British suzerainty.
It was the British who initiated the legitimization of local self government in 1882 though local self government had existed in India since time immemorial. Yet the British masters hesitated to apply the same yardstick of empowering (through modern democratic means) the local institutions such as the Dorbar Shnong of the hill areas of the North East. Alexander Mckenzie first articulated the concept of a “northeast” frontier implying the limited British administration in civil and legal matters in the north eastern hills. As a result tribal institutions were insulated from exposure that would have changed their worldview on grass-roots democracy based on equal rights and representation irrespective of class (clan), gender etc.
Post 1947, the framers of the Indian Constitution created instead a mini-constitution (the 6th schedule) thereby contradicting the novelty of establishing modern democratic practices throughout the country which is the establishment of modern democratic institutions concomitant to the rule of law which itself keeps changing. In the 6th schedule areas however, another tier of informal and non-institutionalized entities exist which practice and uphold communitarianism. In this system decision is taken by members of the clans (mostly males) on common resources etc. The Rangbah Shnong (RS) and the Dorbar becomes the nominal head to assent those decisions. Modern democracy based on transparency and accountability (still) does not exist and there is absence of law in the administration of common resources.
The VAB 2014 is supposed to empower the RS but a clear reading of the clauses of the VAB contradicts the intention of the KHADC. The real power rests with the Executive Council (EC) and not with the Dorbar as provided in clause 19 and sec 9 (iv) of the VAB among many others.
Since 1950, the 6th schedule is taken as the holy grail for providing immunity to the ADCs on matters relating to village governance, resources etc. The NGT and the High Court ruling have proved shallow this belief. The 6th schedule just like other parts of the Constitution and is not infallible and sacrosanct. There will come a day when this Schedule would be deemed unnecessary. What will the ADCs, the saviours of the Jaidbynriew, the regional parties do then? The lack of jurisprudence and legal thoughts is clear to many. This I blame on our unwillingness to change with time. If the ADCs had their way, then modern laws and modern democratic practices have no role to play at all. In fact many laws applicable and passed by the KHADC are either outdated such as the Appointment and Succession of Chiefs and Headmen Act, 1959 and other laws relating to nomination and suspension of the Syiem etc.
Following the High Court judgment on RS, the KHADC and the state government are now engaged in a tug of war over the Village Administration Bill (VAB) 2014. There is a baseless and growing fear that the High Court intends to dismantle the RS altogether through the ruling. It does not help that our regional parties and the Government have not made efforts to enlighten the citizens of Meghalaya that this is not the case. There is no interference (from the Court )whatsoever even though there is ample case for doing so on grounds (lack) of democratic norms and principles.
The RS is a non-legal entity as far the Court is concerned and his non-adherence to satisfy the law renders him (and his institution) vulnerable to different sorts of interpretation. We have our own political leaders and administrators to blame for the stalemate. Probably a sort of contractual arrangement between the RS and the Government would have assuaged the situation without causing the logjam seen presently. The KHADC had existed since the 1950s and the State government in 1972. Neither one anticipated or foresaw the problems that could arise from delegating administrative works through the RS. It reflects the state of jurisprudence in the state. And it is not just about the RS. The NGT ban on coal mining also reflects the inadequacy of our legislators, administrators et al on the need to have properly framed and regulatory laws on Mining. As far as mining is concerned there is no rule of law. The NGT ban is thus a blessing in disguise inviting us to be alive to the need to have laws which are the hallmark of democratic practices.
So while the Indian legal system is shedding off the legacy of the British system by churning more progressive laws which includes those of the environment and human rights, we are using the 6th schedule to prolong half baked democratic practices in the name of tradition to protect the Jaidbynriew. We want the Dorbar Shnong to be legally empowered but at the same time women’s empowerment is something we are still uncomfortable with. This is ironic. The VAB 2014 did not have a single utterance on women’s empowerment. Therefore can we claim that the VAB is a progressive law? In fact there are many discrepancies with the VAB but since the public mood is already that of panic and confusion, the KHADC is hoping to cash on this mood and get the Bill passed without briefing the public of the intricacies of the Bill and thereby scoring brownie points to further patent the issue of the Jaidbynriew as its own. If the present VAB 2014 is not modified then we may have a déjà vu situation where the RS becomes politicized in the same vein that the nomination, suspension of the Syiem etc has been for so long. At the end of it we would have been none the wiser and all the more foolish.