By H H Mohrmen
For the majority of the North Eastern states of the country, the Constitution 125th Amendment Bill of 2019 which deals with reorganising and empowering the District Councils, ought to be a very crucial piece of legislation. The Bill was introduced to commemorate the seventieth anniversary of the Republic of India, and more importantly, it will have a significant impact on how the district councils, villages, towns, and cities in these hill states are managed in the future. While the Bill is a crucial one, neither the state government, nor the district councils, or the general public have debated over it. Unfortunately, neither universities nor colleges have held a debate on the subject. Even the state’s political parties, both national and regional, have not discussed the Bill or its possible effects on the area if it becomes law.
Government passing the buck to the District Councils
The Shillong Times issue dated April 25 reported that the government has asked the three autonomous district councils to suggest recommendations and changes to be incorporated in the draft amendment to the Sixth Schedule. Prestone Tynsong, the Deputy Chief Minister in charge of District Council Affairs, who was a professional debater during the election campaign, has no suggestions to incorporate into the Bill. One can also question if he (or any MP, MLA, or MDC, for that matter) even had the time to read the prospective law. The Minister in Charge of District Council Affairs does not realise that the government is an equal stakeholder and has an important role to play in the process. The question is: why is the government unable to organise a meeting between the Chiefs of the District Councils and members of the public to debate at length on this very important legislation? What is the State Law Department or the State Law Commission doing? Why didn’t the government involve them too? Of what use is the Department of District Council Affairs if it can do nothing when a concern about such important legislation is raised?
The three ADCs and their contentions on the Bill
Reports in the press give one an idea that one of the disagreements that district councils have on the Bill is the introduction of a village council, which they fear will dilute the powers and functions of the traditional village administrative system practiced in the state. Point taken, but isn’t it immature for the ADCs to just raise objections to a section of the Bill without offering any suggestions on the issues raised? The state does have an existing Village Administrative System, but is it a perfect model of grass-roots administration? There is still scope to improve the institution of the Dorbar Shnong, and people who work with these organisations know where the gaps are. Hence, the government and the district councils should take this as an opportunity to address these lacunae and present their case with the concerned ministry. The other issue that the District Councils in Meghalaya raised is that of the minor tribes in their respective areas, which also needs to be debated as the issue is not something that one can just wish away.
The Bill and empowering the village administrative system
The statement of objects and reasons of the bill is clear which is that there is a need to relook at the provisions of the Sixth Schedule to the Constitution, which deal with administration of the tribal areas in the states of Assam, Meghalaya, Mizoram, and Tripura through district councils and regional councils. Although the councils were vested with legislative powers, their own sources of taxation and even the power to administer their justice and administrative systems, there is a need to re-examine the Schedule of the Constitution, especially in light of the Constitution (Seventy-third Amendment) Act, 1992, and the Constitution (Seventy-fourth Amendment) Act, 1992. It was observed that the two Acts, which are not applicable to the Sixth Schedule areas, have brought a considerable devolution of powers to local bodies in the other parts of the country in comparison with local bodies in the Sixth Schedule areas. The Dorbar Shnongs are less empowered than the Panchayati Raj Institutions which function in other parts of the country.
Administration of urban areas in the region
Another very important section of the Bill is with regards to the administration of urban areas. Administration of urban areas in Meghalaya is unclear as the Municipal is a state subject. The Bill clears all doubts as it envisages keeping the administration of urban areas under the District Councils. It is foreseen that within a period of one year from the date of commencement of the Act, each district council shall establish village councils for a village or a group of villages in the rural areas and municipal councils for an urban area or an agglomeration of such urban areas in the district. As villages are growing and the borders of some villages overlap with one another, it is imperative that these villages be treated as one administrative unit. This particular section of the Bill addresses that issue. The case in point is Jowai, which is in reality a municipality in name only.
Direct funding to the
District Councils
It was noted that there is currently no provision for the Finance Commission established pursuant in the Article 280 of the Constitution to provide separate funds for the autonomous District Councils in Sixth Schedule territories. As a result, the autonomous District Councils have poor socio-economic infrastructure. The Bill would amend Article 280 of the Constitution to add provisions for increasing a state’s consolidated fund to complement the District Councils’ resources, including village councils and municipal councils in the tribal regions within the states covered by the Sixth Schedule. It will, however, be on the basis of the recommendations made by the Finance Commissions of the said states.
Increasing the strength
of the House
The Bills also sought to increase the strength of the Councils with the objective of improving female representation in these Councils; it also made provision for the governor to nominate female members to the House. The Bill also requires the introduction of a provision in the Constitution providing for the disqualification of elected members on the grounds of defection. The much-debated “bam armaloi” will come to an end as no more double membership will be allowed in the future. The Bill envisages that if an elected member of the District Council is elected to the Lok Sabha or the State Legislature his seat in the District Council shall become vacant after the expiration of a period of fourteen days from the date of publication of the declaration in the Gazette of India or in the Official Gazette of the State from where he has been elected.
District Planning
Committee
The Bill also requires that each District Council establishes a District Planning Committee which will comprise members from the District Council/ Regional Council, village council as well as from the municipal council. The role of the DPC is to create a development plan for the district as a whole and also address other issues. It is also envisioned in the Bill that the Committee needs to be presented to the Governor for his assent before it starts functioning.
The role of the state
The state government cannot wash its hands of the activities of the District Council, as the Department of District Council affairs is under the state government. In fact, the Bill also envisages that the superintendence, direction, and control of the preparation of electoral rolls for and the conduct of all elections to the District Council, Regional Council, Village Council, and Municipal Council is vested in a State Election Commission appointed by the Governor for that state.
The Bill needs extensive discussion
The Constitution of India Amendment (One Hundred and Twenty-fifth Amendment) Bill, 2019, will amend Article 280 of the Constitution to allow the Finance Commission to suggest actions to increase the Consolidated Fund of the States in order to supplement resources for the Sixth Schedule Autonomous Councils, Village Councils, and Municipal Councils. It also moves to change the names of the current autonomous district councils to territorial councils. Additionally, it aims to increase the number of District Council seats and reserve at least two of those seats for women. It also seeks to establish the Territorial Council in place of the Autonomous Council and to create the State Finance Commissions in the States having the Sixth Schedule. Therefore, the public needs to be made aware of the move to amend this very important part of the Constitution after the Bill has been thoroughly discussed.