SHILLONG, Feb 8: The Congress favours giving more teeth to the Sixth Schedule of the Constitution through the incorporation of provisions of Article 371.
“We can explore inserting some of the provisions of Article 371 in the proposed amendment to the Sixth Schedule,” MDC and Congress’s Mawkhar-Pynthorumkhrah candidate in the Khasi Hills Autonomous District Council (KHADC) election, Pynshngain N Syiem said during a common platform organised by the Dorbar Shnong Wahingdoh here on Saturday.
He pointed out that Paragraph 12A of the Sixth Schedule was done away with in 1972 by inserting Paragraph 12AA which states that Acts of Parliament and the State Legislature will prevail over the laws of the council.
According to Syiem, there is a need to bring back Paragraph 12A which states that no Act of Parliament and the State Legislature should apply to the subjects which the district council has been empowered with.
He also stated that Paragraph 3A of the Sixth Schedule only speaks about land allotment and there is no mention of mineral resources.
“In the proposed amendment, we can insert land transfer and mineral resources in Paragraph 3A. If we manage to do this, then we will be able to achieve the spirit of Article 371,” the Congress candidate said.
Meanwhile, he observed that Article 371 speaks about the legislative powers of the state.
“But we should understand that there are non-indigenous representatives in the state Assembly. We need to insert provisions in the amendment to the Sixth Schedule which will exempt the applicability of the Central and state Acts in the Sixth Schedule areas falling under the district council,” Syiem further stated. Meanwhile, stating that the Congress will continue to oppose the proposed uranium mining, he said the Supreme Court, in its judgment in 2019 on the PIL filed by Hima Nongstoin against Dima Hasao, clearly stated that the indigenous tribe owns not only the surface of the land but also mineral resources.
Syiem called for strengthening the Meghalaya Protection of Catchment Areas Act of 1990 so that the state government has a say on the matter of the protection of catchment areas falling under privately-owned areas.
According to him, there is a need to amend the United Khasi-Jaintia Hills Autonomous District (Management and Control of Forests) Act, 1958 to empower the council to take steps to protect the water bodies and catchment areas.
He said there is also a need to impress upon the state government to urge the Centre to bring an amendment to the Constitution (Schedule Tribes) Order, 1950, so as to recognise only the indigenous communities as STs in Meghalaya.
He said the amendment to the Constitution (Schedule Tribes) Order, 1950 will prevent people from other tribes, who are not indigenous of the state, from buying land which is now happening in the border villages.
Syiem said a policy should be formulated to regulate and streamline recruitment in the KHADC.
Suggesting departmental promotions, he said there is a need to amend the Khasi Hills Autonomous District Council Service Rules, 1961 to regulate appointment and promotions of the KHADC staff.
