By Kyrsoibor Pyrtuh
We the People:
We the people believe that the Constitution is the Fundamental Law which governs this vast and diverse Nation known as India. We the people/citizens had given to ourselves this Law which is above reproach, but yet amenable to the diverse contexts and situations or circumstances, thereby accommodating the aspirations and assertions of ethnic, religious, non-religious, language, caste, socio-economic and political groups of different hues and inclinations.
The Shillong Records Collection Centre, had observed the 75 years of the adoption of the Constitution on November 26, 2024 by launching the book entitled, India: From 1915 to 1950. The Shillong Records Collection Centre was created with the definitive philosophy to fulfil the political aspirations of the Hynniewtrep people in accordance with the treaties or agreements negotiated and signed between the Dominion of India and Hynniewtrep people of various Hima or States via their Syiem (Khasi Traditional Head) or representatives. To quote from the preface of the book, “In so far as India is concerned the period from August 15, 1947 to January 25, 1950 is a period of transition. Under great stress and strain…the Constitution of India was framed by the Constituent Assembly of India…and it was adopted on the November 26, 1949 which secures to all the citizens Fraternity assuring the dignity of individual and unity of the Nation…the words “Unity of the Nation” were substituted by the words “Unity and Integrity of the Nation” by virtue of the Forty-Second Constitution Amendment Act 1976.”
In the light of the present day politics of hate and bigotry which is being perpetrated with such impunity, we the people must stand up to the majoritarian politics of intolerance and oppression. The members of the Drafting Committee was prophetic when they penned down in the draft the necessity to add to the preamble, the clause about fraternity- “The Committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new constitution should be emphasised by special mention in the preamble.”(The Draft Constitution Dated February 21, 1948).
Historical Constitutional Aspect of the Hynniewtrep People:
This will give us a sense how this region became part of Dominion of India. The historical claims of the Hynniewtrep people within the Indian Constitution, particularly during the critical period between 1946 and 1949 was marked by significant political manoeuvring between the two major political groups: the Federation of Khasi States and the Khasi-Jaintia Federated National Conference. The tension and negotiations between these groups reflected not just the struggles for political representation, autonomy and identity for the Hynniewtrep people within the emerging framework of Independent India, but also the political maturity of the people back then.
In the Hynniewtrep region, the movement for political autonomy and self-rule can be traced back to 1923. The reason for the formation of the Khasi National Dorbar was laid bare in the Letter and Notice dated July 27, 1923- “You are all aware that the people of India had started a great movement for self-rule and independence. Since 1921 the British rulers had initiated certain reforms to facilitate participation of native Indians in Governance and many Indians have begun to occupy important positions including the bureaucracy…therefore it is imperative upon the native tribes of the Khasi Hills to wake up and to think for the good and future of the Khasi Nation in relation to the ensuing governmental and legislative reforms…to prepare ourselves to meet the imminent changes and to build the community in the sphere of education, self-rule and in every aspect of life…”
On the eve of Independence, there were twenty-five (25) Khasi Native States which had separate treaties with the British Crown, and they are entitled to regain their sovereignty. Unlike other Native/Princely States which had completely merged with the Dominion of India, the Khasi States signed the Instrument of Accession between 1947 and 1948, but they never ceded to the Dominion Government full and exclusive authority, jurisdiction and powers. However, it is opined that the Khasi States expressed their acceptance to be governed by the Constitution of India by their participation in the first general elections in 1952. Although the Sixth Schedule was appended to the Constitution to deal with the assertions of the Indigenous people of Assam, but no special provisions were granted to the Khasi States, regardless of the Instrument of Accession.
In fact, efforts were made to restore the Hima Jaintia (Sutnga) or Jaintia State and other British Areas under the Khasi & Jaintia Hills District to their former position under the Khasi State. This was done to bring together both the Khasi Native States and British areas of Khasi & Jaintia Hills as one administrative Unit within the purview of the new Constitution. This unification is made possible by virtue of the provision in the Annexed Agreement which was appended to the Instrument of Accession. According to para 4 of the Annexed Agreement, “…The Federation requests that all possible help should be given to facilitate the unification of all (Khasi) territory. All Khasi territories which decide to rejoin States of which they had formerly formed a part should be allowed to do so. Other parts of British India-Khasi Territory should, if they desire, be allowed to join the Federation as Units.”
In an unpublished paper, Government and Politics in North East India, it is stated that, “The Khasi States at no point of time expressed their willingness to be within the framework of the Sixth Schedule. On the other hand they expressed their views to have a separate administration along with the Khasi and Jaintia Hills District under the framework of the Constitution as per the terms and conditions laid down in the Instrument of Accession. Moreover, the Resolution adopted by the Khasi States Constitution Making Dorbar on July 21, 1949 reflects the political aspiration of the Hynniewtrep people, but to a great surprise the Khasi States along with the Khasi and Jaintia Hills District were brought under the Sixth Schedule. Thus, the Sixth Schedule may have many shortcomings but with due regard to the political situation and circumstances that were prevailing in the post Independence period, we may perhaps safely conclude that the Sixth Schedule was good enough as a stop gap arrangement”.
The debates within the Khasi ecosystem over the relegation of the Khasi States to the Sixth Schedule vis a vis the Instrument of Accession is very much vibrant and alive till date. Syed Mahamad Saadulla termed it as constitutional anomaly, while JJM Nichols Roy welcomed the scheme and the incorporation of the Khasi States in the Sixth schedule which in his opinion had enabled the same people of the district of Khasi and Jaintia Hills and the Khasi States to have one administration. However, Prof G. G Swell strongly put on record his objection and stated- “It was on this score that we opposed the coming of the Khasi States under the District Council which would then be under the aegis of the Government of Assam and therefore would mean their automatic merger with Assam. We thought that by keeping these States a separate entity it would quicker facilitate the creation of a separate State. Our efforts collapsed despite the fact that we had a majority in the Constitution Making Dorbar of the Khasi States…”
The Land of the Clouds Under the Constitution:
In January 1972, Meghalaya was granted full Statehood and is being governed by the Constitution. We had acceded to the Indian Union and accepted the Constitution, but yet there are unfulfilled dreams to be realized. In order to fulfill the objectives of self-rule and autonomy certain provisions as enshrined in the Annexed Agreement need to be incorporated in the Constitution. However, such act requires due consideration so as not to exclude and oppress the other tribal minority groups and non-tribal communities which have made the Land of the clouds their home for over a century.
For 75 years since the promulgation of the Constitution on January 26, 1950, we the people of the State have reaped the benefits and are still enjoying the rights, privileges and protection granted by the Constitution. The provisions, like the Sixth Schedule, Reservation, Minority status etc are enabling us to grow as individual citizens and community. Despite its democratic and welfare values, we are facing grave challenges in the form that the State’s political elite has merely created enclaves for the rich surrounded by an ever growing swamp of hunger, disease, unemployment, drug addiction, crime and violence. The stark difference between the greed of the rulers (including socio-religious) and people’s aspirations has kept on growing and the divide between the rich and poor ever widening. Ironically, the poor could not even have access to the “crumbs of development” that trickle down from the top and there is a complete leeching of people’s resources and livelihood.
Recently, Meghalaya is also courting religious fanaticism. This will create a great discord amongst the various socio-religious groups and rip the Hynniewtrep community apart. We the people must work together to protect and defend the Constitutional values of freedom, equality and secularism.