This article is a comprehensive analysis of the current political climate in Meghalaya, with a focus on the tribal council’s call to revisit the Instrument of Accession. In addition, this article presents an overview of the socio-religious and customary issues of North-Eastern tribes in the face of changing times and federalism.
Recent Developments: The Call to Revisit IoA by Meghalaya Tribal Council
Recently, a meeting of traditional heads was convened by the tribal council in Meghalaya to reconsider the Instrument of Accession (IoA), which incorporated the Khasi domain into the Indian Union over 70 years ago. This move has been triggered by the assertion from leaders within the Khasi Hills Autonomous District Council (KHADC) that it is crucial to understand the paragraphs of this agreement, especially as several provisions have been omitted from the Sixth Schedule of the Constitution.
The Motive Behind Revisiting IoA
According to the KHADC leaders, the Federation of Khasi States should seek special status, similar to Nagaland under Article 371A. This article safeguards the socio-religious and customary practices of the Nagas and allows them to administer civil and criminal justice as per Naga Customary laws. Furthermore, Nagas are also accorded ownership and transfer rights over land and its resources.
Concerns Over the ‘Khasi Inheritance of Property Bill, 2021’
The recently introduced ‘Khasi Inheritance of Property Bill, 2021’, which demands an “equitable distribution” of parental property among siblings in the Khasi community, has irked some leaders of the KHADC. They argue this interferes with the social and customary practices of the Khasi people and propose that these provisions be added to the Sixth Schedule, which can be amended by Parliament.
Understanding the Role and Limitations of KHADC
The KHADC operates under the Sixth Schedule of the Constitution but does not have legislative powers. The final law-passing authority rests with the state legislature as per Paragraph 12 A of the Sixth Schedule.
The Importance and Features of Sixth Schedule
The Sixth Schedule provides for the administration of tribal areas in states like Assam, Meghalaya, Tripura, and Mizoram to safeguard tribal rights. Through Autonomous District Councils (ADCs), it allows for autonomy in the administration of these areas, each of which has the power to make laws concerning their jurisdiction.
An Overview of IoA
The IoA was a legal document first introduced by the Government of India Act 1935 and used in 1947 to enable rulers of the princely states under British paramountcy to join one of the new dominions of India or Pakistan created by the Partition of British India.
IoA and Its Link with Meghalaya
The IoA regarding the Khasi hills state was signed between 15th December 1947 and 19th March 1948, making it part of the Dominion of India. Meghalaya is divided into three regions – the Khasis, Garos, and Jaintias – each dominated by respective matrilineal communities.
Key Understandings of the Sixth Schedule of the Constitution
The Sixth Schedule under Article 244 facilitates the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — granting them some legislative, judicial, and administrative autonomy within a state. These ADCs administer the tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura, and Mizoram, providing them with the power to organize and re-organize autonomous districts. The jurisdiction of the high court over these suits and cases is specified by the governor.
Focus on UPSC Civil Services Examination
A question from the 2015 UPSC Civil Service Examination focused on the provisions under Fifth Schedule and Sixth Schedule in the Indian Constitution, which were designed to protect the interests of Scheduled Tribes. This examination brought the spotlight back on the administration and control of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.