After
65 years of struggle, the traditional rulers of the State can finally
breathe a sigh of relief after the National Commission for Scheduled
Tribes (NCST) referred and asked the Union Ministry of Tribal Affairs to
make provisions to protect their rights.
The
Khasi Rulers/Chiefs entered into a treaty through the Instrument of
Accession and a conditional agreement with the Centre in 1947 seeking
protection of their rights and now after 65 years, the NCST after a
hearing on May 8, 2011, last year, has forwarded and referred the report
to the Ministry of Tribal Affairs to take appropriate action on this
matter. The decision to forward this matter to the Tribal Affairs
ministry came after the spokesperson of Indigenous traditional tribal
Khasi, Jaintia and Garo Chiefs, Clan Chiefs, Village Chiefs, Elders, in
Meghalaya, John Kharshiing, apprised the Commission of the
constitutional anomalies.
The
historical background relates to 1947, when over 25 traditional chiefs
of the 25 Khasi States, individually and collectively under the
Federation of Khasi states signed the instrument of accession (IOA) and
annexed agreement with the Centre on condition that special provisions
to safeguard their customary, and social rights, of these unique
Partyless institutions with ‘a recall electoral process’ be incorporated
into the Indian Constitution. It may be noted that the 25 Khasi States
did not sign the Instrument of Merger.
The
difference between the accession of the Khasi States with the dominion
and the erstwhile Indian Princely States was that while the latter
merged with the neighbouring States or constituted separate States with
the Indian Union by means of the Instrument of Merger and the process of
proclamation, Khasi States retained their identity within the provision
of the Indian Constitution, when the Instrument of Accession with its
Annexed Agreement was officially ,accepted by the Government of India on
August 17, 1948.
We may draw the attention of the Govt of India
to the fact that due attention was not paid to this Agreement by
quoting from, the speech made by Shri Sayeed Mohammed Sadulla, member of
the Drafting Committee during the third reading of the Constitution of
India on the 21st November ,1949,
"
Sir, the Khasi Hills have been relegated to the Sixth Schedule for
which Rev. Nichols Roy is very thankful, but there is a CONSTITUTIONAL
ANOMALY. Although the Constituent Assembly is not
to find a remedy for that, yet I must send a note of warning that this
small District of Khasi Hills embraced 25 native States, most of which
had equal rights with the suzerain power in Delhi. They were asked to
join the Indian Dominion in 1947. An Instrument of Accession accompanied
by an Agreement were executed by those Chiefs, and they were accepted
by the Central Govt..................I know that these Khasi people are
late in the day and nothing
can be done in the third reading but I request those Hon' ble
Members.................to see that this wrong is righted in no time for
the contentment and peace of this area will greatly conduce to the
safety and preservation of the boundaries of the Indian Union ".
These
Democratic Traditional Institutions still remain and continue to have
immense relevance in the day to day life of the Meghalaya People and
actually form the cutting edge of local governance and administration at
the village level. They command respect and reverence with the ordinary
Meghalayan and even if they find no specific mention in the
Constitution of India, their existence and continued relevance is
reflected in the (1) creation of the 6th Schedule (2) Exemption of Meghalaya from the 73rd and 74th Constitutional Amendment that introduced the Panchayati Raj Act.
This incompatibility between the 6th
Schedule and the Panchayati Raj Act has been responsible for negating
the aspirations of the late Prime Minister Sri. Rajiv Gandhi who in his
statement, while introducing the Panchayati Raj Bill in Parliament on 15th May 1989, spoke of the need to exempt Meghalaya from the Act. He spoke thus, quote “The
Bill recognises that in the three states of North East – Nagaland,
Meghalaya and Mizoram – there are traditional systems of self
Government, akin to Panchayati Raj, which must be preserved……….. In
these three states the Traditional systems will be
left undisturbed”.
The
constitutional anomaly that exists following the non-fulfilment of the
national commitment has resulted in many difficulties among the Khasi
States they subsequently came in conflict with laws enacted by
Parliament. “This affected the rights of the scheduled tribes especially
in relation to customary rights, land, forest, water, revenue, and
mineral rights,” as they till date administer their executive,
legislative and judicial rights over their territory and citizens ( U
Khun U Hajar)
Recently,
the Chairman of the Grand Council of Chiefs met Chairman of the
National Commission for Scheduled Tribes Dr Rameshwar Oraon in his
official chamber in New Delhi, to enquire on the status of the
memorandum submitted by the Grand Council of Chiefs on March 10, 2010
regarding the rights of the Khasi states. During
the meeting, the Dr Oraon was apprised of the treaty that was executed
wherein as per the the treaty, the Khasi states had set up a Khasi
States Constitution Making Dorbar comprising more than 100 members
during 1948-1949, and elected its first members after a Partyless poll.
“However
when the constitution came into effect, the treaty of the Federation of
25 Khasi States did not find place in the Constitution of India, which
is the cause for the present constitutional and legal conflicts that
exist in Meghalaya,” Ironically, unlike the Instrument of Accession of
Kashmir which found place in Article 370, the Federation of Khasi States
were denied their treaty rights to have representation in Parliament,
Assembly and even in the District council.
Numerous
memorandums have been submitted reminding the Central Authorities of
the unfulfilled National Commitment, to many former presidents and prime
ministers and the traditional heads of Meghalaya had also on several
occasions approached a number of former Meghalaya chief ministers and
members of parliament from the state, who gave many assurances but
nothing much was done till date.
The
NCST reference is important as it takes congnizance of the serious
constitutional anomaly. Dr Rameshwar Oraon, Chairman, NCST had stated
that the unique Khasi political institutions must be preserved. quote
“On one hand there is a conditional treaty while on the other nothing
has been mentioned in the Constitution of India on the Instrument of
Accession and annexed agreement of the 25 Khasi States” unquote.
After receiving the copy of the reference from NCST, a delegation of 20 Khasi, Jaintia and Garo Chiefs met Hon’ble Shri. V. Kishore Chandra Deo, MP, Hon’ble
Union Minister, Ministry of Tribal Affairs, in his official chambers in
New Delhi on June 7, 2012 and had a detail discussion with Union
Minister. On seeing the large delegation, the Hon’ble Union Minister
assured that he would personally visit Shillong, Meghalaya and if
possible addresses and meet the thousands of tribal chiefs of Meghalaya.
During
the discussion the Union Minister was concerned to note that the unique
Partyless Institutions were yet to find a separate space within the
Constitution of India, given their unique status. He assured the
delegation that his Ministry would take all steps to address this very
important matter. The Tribal Chiefs expressed
appreciation to the Hon’ble Union Minister for Tribal Affairs, when he
stated that his Ministry would go into the matter in detail and make
suitable recommendations for constitutional amendments to the Union
Ministry of Home Affairs, Govt of India.
The delegation comprised of Paiem, Dr Balajied Sing Syiem, Syiem of Hima(State) Khyrim, Paiem Latho Manik Syiem, Syiem of Hima(State) Mylliem, Mr Niandro Syiemiong, Syiem of Hima(state) Maharam, Mr Harlinjai Sirdar of Hima (State) Mawdon, Mr Kestonbel Manik Syiermlieh, Deputy Syiem of Hima(state) Nongkhlaw, Mr Freeman Syiem, Syiem of Hima(state) Sohra, Mr Kingkerious Lyngdoh, Lyngdoh of Hima(state) Mawphlang,Mr Hamphrey Lyngdoh Ryntathiang, Lyngdoh of Hima(state) Lyngiong, Mr K Comet Rymbai, Dolloi of Jowai, Mr Manbha Kyndoh, Dolloi of Narpuh, Mr R.Moon Garod, Dolloi of Nongbah, Mr Charles Momin, General Secretary, Council of Nokmas, Mr Joshwa Sangma, Executive Member, Council of Nokmas, Mr Lawrence Basaiawmoit, Myntri Hima Nongkhlaw, Mr Kodin Nongrum, Myntri Hima Sohra, Mr Kephas Langstieh, Myntri Hima Mylliem, Mr H Attlee Sing Syih, Vice Chairman, Elaka Narpuh, Mr Khrawbok Basaiawmoit, Executive Dorbar Member, Hima Sohra, and Mr John John F Kharshiing, Chairman, Grand Council of Chiefs
of Meghalaya, Adviser & Spokesperson, Federation of 25 Khasi States,
Briefly, presently in Meghalaya there are Chiefs administering their own territory variously known as Syiem -16, Lyngdoh-6, Wahadadar-1, Sirdar-34, in Khasi Hills, Dolloi -18, Sirdar-1 in Jaintia Hills, and 1400 Nokma
in Garo Hills and their governance is based on a unique Partyless
institution where there exist no fixed term but with a system for recall
of all traditional 6500 village Khasi, Jaintia and Garo Chiefs, Clan
Chiefs, Elders and Chiefs by their respective Dorbar
(John F Kharshiing)
Chairman, Grand Council of Chiefs of Meghalaya,
Adviser & Spokesperson, Federation of 25 Khasi States,
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