SHILLONG: John F Kharshiing, Adviser & Spokesperson, Federation of Khasi States, has petitioned Chief Minister Conrad Sangma to pursue with the Centre to desist from passing the Citizenship (Amendment) Bill (CAB) in its present form which is in conflict with Clause 5 of the Annexed Agreement (IOA) of the Instrument of Accession and Annexed Agreement (AA) of the Khasi States accepted by the Centre on August 17, 1948, and which is yet to be concluded.
In a letter to Sangma, Kharshiing said that clause 5 of the IOA & AA clearly defines restriction of Indian legislation on the Khasi states including the unconstitutional municipality of Shillong and the Cantonment.
He said the Federation of Khasi States did not sign the instrument of merger.
Due to the constitutional anomaly, the municipality of Shillong and Cantonment have been wrongly excluded from the purview of the Sixth Schedule and the proposed CAB without first addressing the treaty terms of the Khasi States is further complicating the rights, customs, legal jurisdiction and authority of the Khasi States.
He urged the state government to move the Centre to desist from clearing such a bill without settling and concluding the treaty terms of the IOA & AA.
In April 2012, the National Commission for Schedule Tribes also passed directives to the Ministry of Home Affairs to incorporate the IOA & AA within the Constitution of India.
This is yet to be done inspite of numerous reminders to the MHA from the NCST.
The Federation of Khasi States had also earlier called for notifying the ILP throughout the state to safeguard the indigenous people, however even this has not yet been implemented.
Kharshiing asked the state government to take up the matter of exempting not only the Sixth Schedule area but the entire area under the jurisdiction of the Khasi States in accordance with treaty terms under clause 5 of the Instrument of Accession keeping in mind the spirit of Section 7 of the Indian Independence Act 1947.
