SHILLONG: The High Court of Meghalaya has directed notice to be issued to the Attorney General of India while hearing a PIL on the relevance of the three autonomous district councils (KHADC, JHADC and GHADC) in the State.
While hearing the petition, Justice T.N.K. Singh and Justice S.R. Sen observed that the petitioner was questioning the ultra vires of Articles 244(A) and 244(2) of the Constitution of India, and directed that notice be issued to the Attorney General of India.
Earlier, N. Syngkon, the counsel for the petitioner Michael N Syiem, stated that after the creation of the State of Meghalaya by the North-Eastern Areas (Reorganization) Act, 1971, as per Census report 2011, out of the total population of Meghalaya 86.1 % is tribal population and as such, exploitation, subjugation and oppression of tribals by more advanced people of plains is without basis.
The counsel argued that the Meghalaya Legislative Assembly consists of 60 MLA constituencies, out of which 55 constituencies are reserved for tribals to protect the tribal rights by passing appropriate legislations.
The counsel referred to Paragraph 12A of the Sixth Schedule to the Constitution of India and contended that if any provision of a law is made by a District Council in Meghalaya with respect to any matter specified in sub-paragraph (1) of Paragraph 3 of the Sixth Schedule that contravenes any provision of a law made by the State Legislature with respect to that matter, then, the law or regulation made by the District Council shall be void and the law made by the State Legislature shall prevail.
Syngkon further contended that as per the federal structure, there can be only two Governments, one at the Centre and the other at the states with Executive, Legislative and Judiciary powers. As far as the State of Meghalaya is concerned there are two parallel governments i.e. one by the State and another by the District Council.
He also argued that continuation of the District Council is counter-productive for the growth and development of the State and also in the present scenario, utility of District Council in the State of Meghalaya is outlived.
The matter has been listed for hearing on November 17 this year.
