The proposed amendment seeks to align the Council’s laws with Bharatiya Nyaya Sanhita and Bharatiya Nagrik Suraksha Sanhita
By Our Reporter
SHILLONG, Oct 22: The Opposition in KHADC on Wednesday strongly opposed the proposed amendment to the Khasi Hills Autonomous District (Administration of Justice) (Amendment) Rules, 2025, introduced by the VPP-led Executive Committee (EC) on the opening day of the Council’s summer session.
The amendment, tabled by Executive Member in charge of Law, Deity H Majaw seeks to align the Council’s laws with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagrik Suraksha Sanhita (BNSS), which replace the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) under central law.
However, opposition leader Titosstarwell Chyne raised strong objections, questioning the legal basis for introducing such amendments without prior changes to the Sixth Schedule of the Constitution.
“We understand that the Principal Act of the Administration of Justice was framed in 1953 under Paragraphs 4 and 5 of the Sixth Schedule. The question now is — on what basis are you bringing this amendment when the Sixth Schedule has not yet been amended as per the 125th Amendment Bill, 2019?” Chyne argued.
He reminded the House that the previous Executive Committee had earlier submitted suggestions to the central committee tasked with examining amendments to procedural codes within the autonomous councils.
Chyne further questioned how the KHADC could incorporate provisions referencing the BNS and BNSS when Paragraphs 4 and 5 of the Sixth Schedule — which empower autonomous councils to administer justice — remain unchanged. “We cannot introduce the proposed amendment until the Sixth Schedule of the Constitution itself is amended,” he reiterated.
Pointing to the sub-section II, clause I and clause IV of the proposed amendment, Chyne noted that these still refer to the Indian Penal Code, 1860, which has already been replaced by the new central codes. “It is clear that the IPC and CrPC have been replaced by the BNS and BNSS. Therefore, introducing this amendment without corresponding constitutional changes is premature,” he said.
The opposition leader further observed that he has notice there are still many defects in the amendment rules brought the EC.
The KHAD (Administration of Justice) (Amendment) Rules, 2025 will undergo a clause-by-clause discussion and debate on the last day of the current session.
