By B M Lanong
Records confirm that the Autonomous District Councils (ADCs) in the North East found their place in the Constitution of India, as a result of the prolonged debates in the Constituent Assembly, culminating in the formation of a Sub Committee in 1947, to study and recommend mechanism to protect and develop the cultural, customary and other fundamental rights of the minority tribals in the North East. The Chairman of the Sub-committee was the then Assamese stalwart, Late Gopinath Bordoloi. It may be noted that a well known Khasi leader (late) Rev. J.J.M.Nichols Roy, who later became known as an architect of the ADCs was one of the members of a four-member Sub-committee.
The Sub-Committee, in its report, recommended setting up of District Council bodies in the Hill Districts of the north east region, which was subsequently debated in the Constituent Assembly and accepted. The Sixth Schedule was adopted in September 1949. However the inauguration schedule for the ADCs in the then ‘auld lang syne’ period went anti clock-wise too, beginning with the GHADC which falls in the present West Meghalaya today, in April 1952, with Capt.Williamson.A.Sangma as the first CEM and shri Mody K.Marak, the first Chairman.
Two months later, the composite UK&J Hills ADC was inaugurated in June 1952, with Mr Josingh Rynjah as first CEM and Fredishon War as its Chairman.
After bifurcation of UK & J Hills District into the Khasi and Jaintia Hills Districts respectively, the JHADC in East Meghalaya was the last to be created in November 1964. After formation of the formal Executive Committee, Mr Edwingson Bareh became the first CEM and Showales K.Shylla, the first Chairman.
When the Sixth Schedule was incorporated in the Constitution of India, paragraph 3 of the Schedule specifically empowers in Para 3 (1):-
- allotment, occupation or use of land………
- village or town administration……..
(g) appointment or succession of Chiefs or Headmen
(h) inheritance of property
(i) marriage and divorce
(j) social customs, among others, which manifest clearly the road map of the District Council in terms of its inclusive and exclusive authority on matters of their Cultural and Customary life, their land , property, their economy and their other related administrative concern.
What we witness today is a desperate attempt of the State Government to deliberately hijack this vital most pillar of the District Council, tantamounting to a serious breach, a negation and invasion of the sacrosanct tribal entity, including their constitutional rights for the sake of a cheap political agenda.
Will there be any justification or for that matter, any space left for the subjects of the District Council to follow and conduct themselves under the dictates of the State? Assuming that there arise any erroneous violations of any provision of the State law, by any chief or headman, which authority will determine, hear and decide? This definitely, is not the underlying philosophy of paragraph 12A nor of the Sixth Schedule itself.
District Council Elections
In Garo Hills Autonomous District Council (GHADC) the last election held was on 21st February 2009, ushering in the way for Cong (1) party to form the Executive Committee. Woefully, life of the GHADC was extended at least three times, to allow the Congress E/C to occupy by default, for over one year and a half extra, in a most undemocratic and unconstitutional paradigm.
The quinquennial term of the ADCs are normally the same as in all other elected Houses in India. In Meghalaya, only during the 1975-77 emergency in the Country, the State witnessed an extension of its term for about a year, correspondingly so in the District Councils. Only during such extra-ordinary circumstances, extension or dissolution of the House as the case may be can occur. What this State government did now, in Garo Hills was another political circumvention for its benefit than anything else, which however, has left a very unhealthy precedent.
The Anti-Defection Law
When I was in the Congress–led coalition government, I piloted an anti-defection resolution under the Scheme of the 10th Schedule, which was unanimously adopted by the State Assembly in 2011, urging the centre to incorporate the said law in the 6th Schedule of the Constitution of India, as done in the Parliament and in all the State Assemblies. The state government obviously did not follow up with the centre, since fishing in troubled waters is a paying adventure.
Defection which was an eyesore in the country during the pre 1985 era, is rampant today in all the three Autonomous District Councils in Meghalaya. Only in KHADC, within a span of just about a year, there came about three Ruling Executive Committees, each round led by Mr Ardent Basaiamoit, Mr Adelbert Nongrum and now Mr Pynshngain Syiem as CEMs respectively. Amazingly, the same few MDCs who hold the magic trump card, artfully gambled to win a seat for themselves every time. For the principled and law-abiding, law is merely a formality. Because of a few others, the restrictions under the 10th Schedule are a dire necessity.
To tide over the ongoing imbecility, the UDP has worked out a formula to try for a quasi-judicial binding agreement with all its Candidates under the spirit of the Contract Act, which will be a great test in the Judiciary if there be any member who violates the deed, after winning the election from party ticket.
The current election to the GHADC slated for the 12th of October 2015, will be a real litmus test for the people of Garo Hills, which could as well be taken as a precursor to another final event in 2018. Everyone is excited and waiting for the outcome. The countdown has already begun.
The ruling Congress is facing, for the first time in Garo Hills, after a series of cake-walk battles with the then minnows, a crucial fight to reckon with. All the parties are cornering the Congress party from all sides, mainly for taking everybody for a ride in the affairs of the GHADC, then the countless corruption scams with comparatively poor development, the many serious fall outs, due to partisan deal with the militant groups and total failure to deal with militancy, among others. The people of Garo Hills are desperately yearning for an early return of peace, normalcy and development of the halcyon days.
(The author is former Deputy Chief Minister of Meghalaya)