By Our Reporter
SHILLONG, March 1: Former Phulbari MLA and GHADC MDC, S.G. Esmatur Mominin has mounted a sharp attack on the reported move by the Garo Hills Autonomous District Council mandating Scheduled Tribe certificates for candidates filing nominations for the upcoming election, declaring that the council has no authority to impose such a condition.
Invoking the Sixth Schedule of the Constitution, Mominin said the composition of a district council is clearly laid down — 30 members in total, with a maximum of four nominated by the Governor and the remaining 26 elected on the basis of adult suffrage. He stressed that adult suffrage means any citizen above 18 years of age who is a registered voter and otherwise qualified to contest.
He asserted that the 29 elected seats of the council are unreserved and that the power to introduce reservation or alter constitutional provisions rests only with Parliament.
According to him, the District Council cannot, on its own, mandate ST certificates for filing nominations. Any such move, he said, amounts to overstepping constitutional limits.
Terming the development “unconstitutional,” Mominin maintained that amendments to the Sixth Schedule can only be made by the central government. He further claimed that the council had not even sought the Governor’s assent before proceeding with the move. He said that if candidates are prevented from contesting on these grounds, the matter would be taken before the competent authority and, if required, challenged in court.
On the demand for a separate electoral roll, Mominin said the authority lies with Parliament and would require constitutional amendment. He stated that unless such amendments are enacted, the demand cannot be implemented at the council level.
At the same time, the former legislator acknowledged the role of NGOs and pressure groups in influencing policy decisions. He, however, cautioned that not all demands made by the NGOs/ groups fall within the powers of the state government or the district council, reiterating that constitutional boundaries must be respected.
Mominin concluded by calling for development within the framework of the Constitution, stating that any deviation from established provisions would undermine both governance and democratic principles.
