By Our Reporter
SHILLONG, Oct 26: The KHADC Executive Committee (EC) has clarified that the KHAD (Administration of Justice) (Amendment) Rules, 2025, passed on the final day of the Council’s Winter Session, were enacted under powers granted by the Sixth Schedule of the Constitution.
Speaking to The Shillong Times, Executive Member in charge of Law and Legal Matters, Deity H Majaw, said the Council is fully empowered under Paragraph 3 of the Sixth Schedule to make laws and rules, including amendments to existing legislation.
“It is not necessary for us to wait for any amendment to the Constitution since the Council already possesses the authority to make such rules,” Majaw explained.
She noted that this is not the first time the legislation has been amended.
“In the past, minor amendments were introduced. The current amendment not only updates references from the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) to the Centre’s new criminal laws, but also incorporates several other significant changes,” she said.
Majaw further clarified that provisions of the CrPC and CPC do not directly apply to the Council’s courts, which are guided by customary laws.
“We implement these laws in spirit, not in letter, since the Council operates under its own traditional legal system,” she added.
Citing Paragraph 5(3) of the Sixth Schedule, Majaw pointed out that central laws do not automatically apply to suits and offences within autonomous districts or regions.
“While amending the Sixth Schedule is the prerogative of Parliament, the KHADC has acted within the powers vested in it,” she affirmed.
The Executive Member said the amended rules will now be forwarded to the District Council Affairs (DCA) department before being sent to the Governor for approval.
It may be recalled that the amendment rules were passed without debate on the last day of the Council’s Winter Session, as opposition MDCs did not propose any changes.
The KHAD (Administration of Justice) (Amendment) Rules, 2025, aim to align the Council’s judicial framework with the newly enacted Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagrik Suraksha Sanhita (BNSS), which have replaced the IPC and CrPC respectively.
Under the amendment, all references to “the Code of Criminal Procedure, 1973” in Sections 43(1), 55(2), and 56 of the Principal Act are replaced with “the Bharatiya Nagrik Suraksha Sanhita, 2023,” ensuring consistency with national legal terminology.
