Tura, Mar 2: Enamul Haque, an aspirant candidate for the forthcoming General Election to the Garo Hills Autonomous District Council (GHADC) from 17 Balachanda GDC Constituency, has raised grave constitutional concerns arising out of the Notification of Feb 17 issued by the Chief Executive Member of GHADC mandating compulsory production of a valid Scheduled Tribe (ST) Certificate as a condition precedent for contesting any General or Bye-Election to the Council.
In his letter to the media Haque stated that since the establishment of the District Council in 1952, non-tribal citizens have contested elections in constituencies that were not expressly reserved in accordance with law.
“I myself had contested the 2021 GHADC election from the same constituency without any statutory impediment. The sudden issuance of this notification represents an unprecedented departure from settled constitutional and electoral practice,” said Haque.
The notification, he said, purports to rely upon Paragraph 11 of the Sixth Schedule to the Constitution of India. However, Paragraph 11 merely provides that laws and regulations made under the Schedule shall take effect upon publication in the Official Gazette. It does not confer substantive legislative authority to prescribe new qualifications or disqualifications for membership of the District Council.
“The legislative competence of a District Council is specifically enumerated under Paragraph 3 of the Sixth Schedule, covering subjects such as land, forests, inheritance, village administration and social customs. Prescription or alteration of election qualifications does not fall within these enumerated subjects. Therefore, any attempt to introduce new eligibility criteria through executive notification amounts to assumption of power not granted by the Constitution,” he asserted.
Further, he added that under Paragraph 2(6) of the Sixth Schedule, the Governor is empowered to frame rules regarding the constitution of District Councils and matters connected with elections. The conduct of elections to GHADC is governed by the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951.
“These Rules do not prescribe any blanket disqualification barring non-tribal residents from contesting elections, except in respect of duly reserved seats. Any alteration in election qualifications must therefore be carried out through lawful amendment of the governing Rules with requisite approval, not through executive notification,” stated Haque.
“It is a settled constitutional principle that executive instructions cannot override or amend statutory rules. Publication in the Official Gazette cannot validate an action taken without legislative competence. What cannot be done directly cannot be done indirectly,” felt Haque.
With elections set to be held on Apr 10 and nomination filing beginning on Mar 9, Enamul felt introducing a fundamental change in eligibility criteria at this advanced stage of the electoral process violates the well-established constitutional principle that the “rules of the game” cannot be changed once the electoral process has been set in motion. Such abrupt alteration invites uncertainty, litigation and administrative instability.
“A blanket disqualification of a class of citizens without express statutory amendment or constitutional mandate is manifestly arbitrary and violative of Article 14 of the Constitution of India. The Sixth Schedule, framed under Article 244(2), is designed to protect tribal interests and secure self-governance, but it does not expressly impose a total prohibition on non-tribal residents from contesting elections unless specifically provided by law,” stated the release.
He further felt that the issue was not merely personal but concerns the larger question of constitutional governance, rule of law, and democratic fairness within the Autonomous District. The matter warranted urgent public discussion and constitutional scrutiny.
