SHILLONG, JAN 28: Opposition political parties in the state on Thursday criticized the Meghalaya High Court for its alleged “lack of knowledge” about the Constitution of India by recently directing the government to frame laws for traditional bodies and headmen.
The political parties have also demanded the state government to accordingly refrain from any attempt to come up with such laws considering the subject matter do not fall under its jurisdiction.
The unanimous decision was taken at an all political parties meeting convened by the United Democratic Party (UDP) in the city on Thursday.
However, the meeting was attended only by leaders and representatives from the UDP, National People’s Party (NPP) and Khun Hynniewtrep National Awakening Movement (KHNAM), while majority of the other decided to give it a skip.
The invitee political parties who skip today’s meeting includes – ruling Congress, Bharatiya Janata Party (BJP), Hill State People Democratic Party (HSPDP), Nationalist Congress Party (NCP) and the Communist Party of India (CPI).
According to convener, while the Garo National Council (GNC) had officially written on its inability to attend the meeting but said it extends its full support, the others however did not inform the reason behind their decision not to attend.
Addressing the media after the meeting, UDP working president Bindo M Lanong said, “We have unanimously resolved to strongly oppose the recent order of the High Court since it is not under its jurisdiction to direct the state government to frame laws for traditional institutions.”
“It seems the High Court is not aware of the Constitution of India which empowers the autonomous district councils (ADCs) as the authority to legislate laws for traditional institutions,” he said while making a reference to Para 3 of the Sixth Schedule of the Indian Constitution.
According to him, keeping the spirit of the Constitution into consideration, the parties are opposing the order of the court as it is unacceptable and unreasonable.
The meeting also resolved to demand to the state government not to obey the court’s recent direction. Lanong said, “The government is urged to refrain from making any attempt to frame laws for traditional bodies and headmen as directed by the High Court.”
He said this is because of the fact that the state government is not the appropriate authority and it do not have the power to do so, as the Sixth Schedule has empowered the district council to legislate laws on matters related to these traditional institutions.
On the other hand, he argued when the traditional chiefs and headmen under one voice had agreed that the district council is the right authority over them, then why should the state government wants to go against their wish.
“Is it fair for the state government to frame laws for subjects belonging to another constitutional body (district council),” he questioned.
Further, the meeting also decided to urge the Meghalaya Governor V Shanmuganathan to speed up granting his assent to the KHAD (Village Administration) Bill, 2015 passed by the KHADC.
“We appeal to the governor to grant his immediate assent to the VAB of the KHADC like he did recently for the bill passed by the JHADC,” he said.
He informed that the three ADCs – KHADC, JHADC and GHADC- are also requested to take up the matter seriously by having a joint sitting to discuss and take steps regarding the recent order passed by the High Court.
“At the same time, we also suggest to the headmen and their respective bodies or Synjuk to be a party in any proposed petition to be filed against the recent High Court order,” he said adding “They should also oppose the state government for being the main architect of this entire confusion.”
The meeting also reiterated the demand for convening of an emergent special session of the State Legislative Assembly by the government to discuss on the high court order which is affecting the traditional bodies in the state.
Meanwhile, the political parties also demanded the state government to immediately denotify its recent notification, which seeks to restrict government servants from participate in community based organizations, association and traditional bodies, as functionaries.
Stating that such practice had been there for decades, Lanong said, “Even the then Assam government did not dare to interfere in this matter. However it is unfortunate that such decision has to come from our very own state government.”
He also said if the state government fails to withdrawn its decision against government employees, it will affect the functioning of the traditional dorbars especially those where literacy rate is still low.- By Our Reporter
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