Recall proposals, KHADC asks Gov’t

SHILLONG, AUG 29: The Khasi Hills Autonomous District Council (KHADC) has asked the Congress-led state government to recall back its proposals submitted to the Centre on the proposed amendment of the Sixth Schedule to the Constitution of India as it was done without any consultation with the stakeholders of the state.

The district council is also of the view that the proposed amendment of the Sixth Schedule should be in line with the Annexed Agreement signed between the Government of India and the 25 Khasi states.

The decision was taken at a meeting convened by the KHADC Chief Pynshngain N Syiem with the three NGOs – Khasi Students’ Union (KSU), Federation of Khasi-Jaintia & Garo People (FKJGP) and Hynniewtrep Youth Council (HYC) held in the city here on Tuesday.

“We have decided to soon write to the state government with a request that it should recall back its earlier proposals sent to the central government on the matter as the same was not done in consultation with the stakeholders,” Syiem told reporters.

He said that the state government should ensure that its proposal on the proposed amendment of the Sixth Schedule carry the views of all the stakeholders especially the autonomous district councils (ADCs).

The state government had twice in 2013 and 2015 submitted its views on the Draft Sixth Schedule to the Constitution (Amendment) Bill, 2012 and Draft Constitutional (One hundred and twenty-third Amendment) Bill, 2015 for amending Article 280 of the Constitution of India and the Sixth Schedule to the Constitution.

In its letter to the Ministry of Home Affairs (MHA) on November 7, 2013, the state government has expressed its reservation on the proposed substitution of sub-paragraph (a) Paragraph 12 A of the Sixth Schedule.

It stated that Paragraph 3 of the Sixth Schedule contains subjects like Management of Forest, Establishment of Town Committee and matters relating to Town Administration which are very critical in the present days context on which the state government with its resources has a very important and crucial role to play.

“The state government is of the view that it is not desirable to substitute the existing Paragraph 12 A (a) as it will create confusion and may give rise to conflict between the autonomous district councils and the state government,” the letter had stated.

Syiem however said, “That is why the Forum of Councils under Sixth Schedule (FOCUS), comprising of ADCs from NE region had written to the Centre for ensuring that Paragraph 12 A (a) should be omitted and ensure subjects under Paragraph 3 are brought within the purview of the ADCs.”

According to him, Paragraph 12 A (a) will ensure that Acts passed by the district council will not prevail over Acts passed by the state government.

Stating that the proposed amendment should be done as per the Annexed Agreement (AA), the KHADC chief said this is because the source of the Sixth Schedule is the AA.

“The AA has clearly stated in matters of legislation concerning subjects of common interest passed by the Assam Legislature there should be some machinery either by representation in that legislature or otherwise set up whereby the legislation, where necessary, can be adopted or modified to suit the conditions and circumstances existing in the Khasi Hills,” he said.

Asking the government to go through the AA before submitting any proposals to the Centre, he said, “This is because we cannot do away with the AA that was signed with the 25 Khasi states.”

Meanwhile, Syiem informed that the next meeting to discuss on the proposed amendment of the Sixth Schedule will be held on September 5.

The Meghalaya Indigenous People’s Forum (MIPF), which has been taking up the matter, besides the traditional headmen and others, will also be invited to the meeting.

“This is to ensure that there is a unanimous voice of the people on the matter before a proposal on the proposed amendment is submitted to the Government of India,” he said.

By Our Reporter