By Our Reporter
SHILLONG, March 3: Social activist Cherian Momin has defended the constitutional validity of the recent notification mandating a valid Scheduled Tribe (ST) certificate for candidates contesting the Garo Hills Autonomous District Council (GHADC) elections.
In a statement issued on Tuesday, Momin responded to assertions made by Enamul Haque, who had questioned the legality of the February 17 notification. Momin argued that the GHADC is not a general representative body but a constitutionally entrenched autonomous institution established under Article 244(2) and the Sixth Schedule of the Constitution.
He stated that the Sixth Schedule is a special constitutional arrangement designed exclusively to secure tribal self-governance, preserve customary laws, and protect the socio-cultural identity of Scheduled Tribes. Momin asserted that the legal character of the GHADC must be understood within this framework, noting it is a tribal autonomous constitutional body rather than a secular territorial legislature for all inhabitants.
Addressing the argument that past electoral practices since 1952 did not require such a condition, Momin said constitutional legitimacy cannot be based solely on administrative precedent. He argued that if historical practices did not fully align with the protective intent of the Sixth Schedule, they cannot override the constitutional scheme.
Momin remarked that it would be constitutionally incongruous to permit individuals who do not belong to the protected community to exercise legislative authority over tribal land, inheritance, and customary law.
He maintained that the power to protect tribal customs includes ensuring that those entrusted with such power belong to the group the Schedule seeks to safeguard.
He further contended that the ST certificate requirement does not violate Article 14, which guarantees equality before the law, as the Sixth Schedule itself provides a sanctioned classification to protect tribal communities. Distinguishing between the right to vote and the right to contest elections, Momin noted that while the universal adult franchise is protected under Article 326, the right to contest is subject to qualifications prescribed by law.
Momin concluded that the autonomy of the GHADC is substantive and protective. He warned that any interpretation diluting its tribal character risks undermining the structural safeguards intended by the framers of the Constitution. He added that the notification must be assessed within this broader constitutional context rather than through general electoral principles.
