By Our Reporter
SHILLONG, Nov 28: Tura MP Saleng Sangma has petitioned the Ministry of Panchayati Raj, the Ministry of Tribal Affairs, and the Ministry of Home Affairs (NE Division), seeking urgent intervention against “attempts” to dilute the constitutional powers of the Autonomous District Councils in Meghalaya.
Sangma said that the recent developments in the state indicate that there is an attempt to undermine the constitutionally protected autonomy of the Sixth Schedule ADCs.
Referring to an official order issued by the Block Development Officer (BDO), South West Garo Hills, which directs local authorities to conduct Panchayat/Gram Sabha-type meetings in villages that fall under the jurisdiction of the ADCs, he said that such directives effectively attempt to introduce Panchayati Raj institutions in Sixth Schedule areas.
Stating that Panchayati Raj does not apply to Meghalaya, Sangma said that the Constitution clearly distinguishes the governance structure of Sixth Schedule areas, as Article 243M(1) explicitly exempts Meghalaya from Part IX (Panchayati Raj). Even the 73rd Amendment does not extend to Meghalaya or any Sixth Schedule area.
“The PESA Act, 1996, which provides for self-governance in Scheduled areas, applies only to the Fifth Schedule areas, not to Sixth Schedule states like Meghalaya,” he said, while adding that local self-governance in Meghalaya is, instead, anchored in the ADCs, which have legislative, executive, judicial, and fiscal powers under the Sixth Schedule, particularly in Paragraphs 3, 4, 5, 6, and 8.
“Attempted state-level interference violates constitutional safeguards. Any effort by the state government to override ADC legislation, dilute ADC authority, introduce Panchayat-like institutions, modify traditional village councils without ADC approval, or impose state decisions on subjects reserved for ADCs violates Sixth Schedule provisions, which grant ADCs authority over land, forests, village administration, local courts, markets, and taxation,” Sangma said.
He added that Paragraph 12A of the Sixth Schedule, which is Meghalaya-specific, stipulates that certain state laws cannot be applied to ADC areas without the District Councils’ approval.
He further referred to Article 243M, which prohibits the extension of Panchayat systems to areas covered under the Sixth Schedule.
“Any attempt by the state government to bypass or dilute ADC authority without following constitutional procedure is ultra vires,” he said, adding that earlier attempts, such as the Draft Meghalaya Village Council Act, 2011, to introduce Panchayat-like structures in Sixth Schedule areas were strongly opposed by all three ADCs.
He also said that the directive issued by the BDO in South West Garo Hills to impose Panchayat/Gram Sabha processes does not originate from any Union Ministry instruction, and such enforcement contradicts constitutional provisions.
“Local governance in Meghalaya must continue under the ADCs, as mandated by the Sixth Schedule, and I request your kind intervention to ensure that no state-level directive or administrative action is permitted to override, diminish, or bypass the powers vested in the Khasi, Jaintia, and Garo Autonomous District Councils,” the Tura MP said.
