M’laya Assembly ratifies Constitution (126th Amendment) Bill

DSC_7086SHILLONG, JAN 20: The Meghalaya Legislative Assembly has unanimously passed a resolution ratifying the Constitution (One Hundred and Twenty Sixth Amendment) Bill, 2019.

The amendment provides for extension of reservation to Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Assemblies for the next 10 years.

“Now, this House ratifies the amendments to the Constitution of India falling within the purview of clause (d) of proviso to clause (2) of Article 368, proposed to be made by the Constitution (One Hundred and Twenty Sixth Amendment Bill, 2019…,” chief minister Conrad K Sangma said.

He said the Lok Sabha and the Rajya Sabha have passed the Bill in the month of December, 2019 and has forwarded to the state legislature for ratification before the Bill is placed for assent of the President of India.

Conrad said although the SC and the ST have made considerate progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exit.

“Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the SC and ST for another 10 years i.e. up to 25th January 2030,” he said.

Supporting the resolution during the special session, the opposition Congress however expressed concern over the decision of the Centre not to further extend reservation to the Anglo Indians and the period proposed for extension of the reservation to SC and ST.

The Meghalaya Democratic Alliance (MDA) government was also asked to articulate this concern while sending the ratification of the Bill to the Centre.

“…should we not as a House keeping in mind of the fact that we belong to the vulnerable group that some voice should emanate from us to indicate about our concern in as far as the period proposed for extension of this provision of the Constitution is concerned. Should we after 2030 lobby again for extension or should we allow it to just lapse?” Leader of Opposition Mukul Sangma said.

Mukul, also former chief minister, urged the chief minister and members of the House to look at this angle and said, “We must look at possibility of articulating our concern as we send this ratification.”

He said the proposed amendment does not extend anymore provision to one of the groups (Anglo Indians) and “therefore it draws our attention and concern in respect of the extention for a period of every ten years as in as far as Article 334 is concerned, it is silent”.

Expressing similar views, Mawsynram legislator Himalaya Shangpliang said that 10 years is perhaps too short a time to provide opportunities to tribal to develop and come up to the level of expectation.

“Why not we think on a larger scale perhaps (extending the reservation to) 20-30 years so that any planning for the tribal can be a comprehensive and dedicated one…since we still lack in many sectors,” he said.

Shangpliang also supported the suggestion of his colleague from Mawlai Process T Sawkmie on the need to set up a separate Commission for SC and ST to look into the welfare of the tribal people in the state.

On the other hand, Nongpoh legislator Mayral Born Syiem said that there are talks doing the rounds on the need to do away with reservation for SC and ST.

“I urge the state government to be sincere and ensure nothing like this happens and that the interest of the tribal is not hampered by the intention of the Government of India,” he said.

Stating that the 10 years reservation is a wake up call for the state, Hill State People Democratic Party (HSPDP) legislator from Mawkyrwat Renikton Lyngdoh Tongkhar said that the state should hope for the best and prepare for the worst.

“If (reservation) is snatch away, our people should be able to fight as many times the Centre has forcefully imposed laws which are against the tribals,” he said.

In his reply, chief minister said although the proposed amendment does not extend reservation for Anglo Indians but it does not affect reservation in Meghalaya. “It is an issue of course but now that parliament has passed (the Bill) it is the responsibility of this legislature here to ensure reservation of ST seats continues (by moving forward with the ratification),” he said.

According to him, the population of the Anglo Indian in the whole country is 295 and giving 2 Lok Sabha members and representation in 14 states which was quite a large number in all likelihood is the main reason why the proposed amendment was not extended to the Anglo Indians.

Conrad further clarified that the extension of the reservation for SC and ST has been a normal practice of the Parliament for a very long time and that it is not happening only now.

The period of reservation of elected seats was first extended in 1960 and it was again extended to 1970 by the 8th amendment then to 1980, 1990, 2000, 2010 by 23rd, 45th, 62nd and 79th amendments respectively, he said.

Meanwhile, the chief minister also assured the House that the suggestion to set up a Commission for SC and ST at the state level will be examined by the state government.

“It is a good suggestion and we will examine the matter. I will also discuss it with members as the interest of the tribal as whole is one of the most important agendas of any government of the day in the state,” he added.

By Our Reporter

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