Motion brought in House to ensure Govt-Council harmony
SHILLONG: Though a motion moved by Congress legislator P N Syiem was to ensure harmony between district councils and state government, two different interpretations have surfaced on the nominated MDC with Syiem reiterating that the government has no role in filling the lone post of nominated MDC under Assam Meghalaya District Council rules.
Moving a motion in the Assembly on Tuesday on the conflict between the State Government and the district councils and to adopt a mechanism for cordial relationship between the two, Syiem said that as per the Assam Meghalaya District Council rules, the Governor can nominate a member to Council as per the recommendation and the issue of getting advice from the government does not arise.
However, Chief Minister Mukul Sangma quoted paragraph 2 (1) of the Sixth Schedule to the Constitution stating that at least four persons can be nominated by the Governor to the Council. He also said that Article 163 of the Constitution and the subsequent court rulings highlight that the advice of the Government is taken for the nomination of members by the Governor.
However, contradicting this, Syiem said that the KHADC was merely following the Assam Meghalaya District Council rules regarding the lone nominated member and not the rule quoted by the Chief Minister which speaks about four nominated members.
He also said that as per the provisions of Assam Meghalaya District Council rules, the Governor is free to nominate a member and the need to take advice from the government does not arise as the district council is an autonomous body and its rules do not mention anything about the advice of the government.
With regard to the jurisdiction of MUDA Building Bye Laws, the Chief Minister said that the government will re-visit the existing laws so that there is no conflict with the district councils.
Earlier, while moving the motion, Syiem had also raised the issue of Saitsophen which is claimed by the State Government as its own land.
However, Syiem pointed that Saitsophen was part of erstwhile British administered area, and moreover, the district council had even issued patta.
The Chief Minister in his reply admitted that issue needs to be addressed.
Commenting on the role of the District Councils, the Chief Minister said they are the Autonomous Bodies constituted under the Sixth Schedule to the Constitution of India to safeguard the rights, interest, land, traditions and customs of the tribal people within their respective jurisdiction. They have been vested with certain powers for legislation and administration in respect of tribal interest. The Autonomous District Councils have also been vested with Executive and Judicial powers under the provisions of the Sixth Schedule.
He said that paragraph 3 (1) of the Sixth Schedule to the Constitution has vested in the District Councils the powers to make laws with respect to the subjects like allotment, occupation or use, or the setting apart of land, other than any land which is a reserved forest, for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town.
Other powers are the management of any forest not being a reserved forest; the use of any canal or water-course for the purposes of agriculture; the regulation of the practice of jhum or other forms of shifting cultivation; the establishment of village or town committees or councils and their powers; any other matter relating to village or town administration, including village or town police and public health and sanitation; the appointment or succession of chiefs or headmen; the inheritance of property; marriage and divorce; social customs.
“All laws made by the District Councils on these subjects shall have to be submitted forthwith to the Governor and, until given assent to by him, shall have no effect,” the Chief Minister said.
There are no specific provisions either in the Sixth Schedule or the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 for the State Government to examine the Bills sent by the District Councils before submission to the Governor for assent.
“However, under Article 163 of the Constitution, the State Government (Council of Ministers with the Chief Minister at the head) shall aid and advise the Governor in the exercise of his functions and therefore cannot absolve itself of this constitutional responsibility,” the Chief Minister added.