SHILLONG, FEB 7: The Khasi Hills Autonomous District Council has decided to file a petition against the NPP-led MDA government for claiming that the Bill passed for implementation of the Inner Line Permit system is “outside the legislative competency of the Council”.
The decision came in the wake of a letter received from the District Council Affairs (DCA) department through the Deputy Secretary W Rapthap on February 4, which informed that the Bill has been examined in consultation with the Law department.
Rapthap in his letter to the KHADC secretary had stated – “…it is opined that the Regulation namely the KHAD (As adapted from the Bengal Eastern Frontier Regulation, 1873) Regulation, 2018 passed by the District Council on October 26, 2019 is outside the legislative competency of District Council as it does not fall under any of the law making powers as provided under the Sixth Schedule to the Constitution of India.”
Speaking to media persons here on Thursday, KHADC chief Hispreaching Son Shylla informed that the district council has decided to challenge the decision of the state government before the Court.
“We will soon take a decision on whether to file a writ petition or a contempt petition before the Supreme Court or High Court after consulting with the Supreme Court lawyer BJ Hansaria,” Shylla said while informing that petition would be filed by next week.
The outgoing chief executive member said to say that the Bill is outside the legislative competency of the district council only reflects that the law department of the government is “very weak”.
“The DCA department has also committed a blunder by sending the letter to the KHADC instead of referring it to the Governor. This only shows that the government due to lack of understanding is treating the KHADC as its department,” he said.
He said the Bengal Eastern Frontier Regulation, 1873 is one of the many laws listed under the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952, which according to the Supreme Court’s ruling ‘still continues to operate’.
Shylla was referring to the a case filed in 1971 challenging the validity of the Regulation, 1952 promulgated by the Governor of Assam under paragraph 19 (1)(b) of the Sixth Schedule to the Constitution.
Quoting the judgment on the matter, he said the Supreme Court had stated that the Regulation (1952) came into force at once and continued to remain in force even after the District Council was set so also the power thereunder conferred on the Governor to extend them either to the District as a whole or to any part or parts thereof.
“Assuming however that the legislation was a delegated piece of legislation, there is no question of such a delegation being excessive nor it is correct to say that the power so delegated lapsed with the lapse of the legislative authority of the Governor under paragraph 19 (1) (b). The power of the Governor to legislate ended when the District Council was constituted. But the power conferred thereunder on the Governor to bring into force the laws set out in the Schedule continued and would continue so long as the Regulation remained on the statute book,” the judgement of the Supreme Court had stated.
Asked, the KHADC chief further slammed the ruling National People’s Party (NPP) and its ally United Democratic Party (UDP) for being insensitive towards the sentiment of the people of the state.
“This shows that the two parties does not want to implement the ILP,” he said. He also alleged that the present state government would try to bring administrator rule to prevent the district council from filing this petition which will expose its “foolishness”.
Shylla, who has decided to quit active politics, also appealed to the newly elected chief executive member and other members of the KHADC to pursue the matter to protect the interest and integrity of the district council.
By Our Reporter
+ There are no comments
Add yours