SHILLONG: Laban Member of District Council (MDC) Ricky Shullai, today, intervened on the issue of the constitutional rights of the Khasi Hills Autonomous Council (KHADC) under the Sixth Schedule, stating that as an elected member under the sixth boundary to protect the tradition and laws of the House, he firmly stands to defend the Sixth Schedule.
He highlighted that historians have noted that the Syiems originally ruled the land and the people lived under self-governance.
He credited Reverend JJM Nichols Roy for bringing about the protection of the Sixth Schedule, emphasizing that the Sixth Schedule was not created to grant an identity, but rather to protect the pre-existing identity, sovereignty, and customary laws of the indigenous people.
He added that following the signing of the Instrument of Accession, these inherent powers were integrated into the Sixth Schedule in 1949, securing constitutional protection under the Government of India.
Shullai pointed out that changes began creeping in during 1878 when the British Government established the Shillong Municipality by applying the Bengal Municipal Act of 1876. He noted that while the initial agreement was to allocate land to the Municipality strictly for sanitation purposes, the Municipal administration has progressively expanded its scope over time, which has now adversely affected indigenous rights.
He noted that the Municipality first began encroaching in 1975, but the Supreme Court subsequently clarified that areas like Mawkhar and Motphran still fall under the jurisdiction of the District Council, necessitating building permissions from the Council.
While this created a strong legal precedent, the Supreme Court firmly established that these lands must remain under the oversight of the District Council. He maintained that the District Council is an autonomous body vested with comprehensive governance powers under the Sixth Schedule.
The Laban MDC expressed concern over an internal struggle with the state government regarding the 15th Finance Commission, which he claimed has stripped away their constitutional rights by integrating four MDC constituencies into Municipal Wards for scheme implementation. Shullai asserted his long-standing position that while they do want development schemes, these grants must come through proper constitutional channels that respect their legal rights.
He argued that the absolute priority must be the defense of the Sixth Schedule to protect the community rather than just chasing funds. He blamed a lack of seriousness and the failure to approach the court for losing ground to the Municipality, adding that the Municipality had already solidified its stance by 2025.
He requested the Executive Committee (EC) not to accept these developmental schemes because they originate from the Panchayati Raj framework, which directly conflicts with the self-governance mandate of the Sixth Schedule.
He urged the EC to completely reject the 15th Finance Commission funds if they fail to safeguard the constitutional rights of the KHADC, stating that maintaining legal rights is more valuable than receiving schemes, especially since the Finance Ministry used to smoothly route funds in 2020 via the District Council Affairs (DCA) department directly to the KHADC without requiring any Panchayati Raj portals.
Responding to the motion, Executive Member (EM) Deity H. Mawjaw acknowledged that the tribal areas are highly empowered under the Sixth Schedule, which grants them the authority to control administration and land management. She explained that Paragraph 20 of the Sixth Schedule clearly defines the tribal areas as the Khasi States and the Khasi-Jaintia District within the state of Meghalaya.
While normal areas or the Shillong Administered Areas—such as Police Bazar and the European Ward—were excluded from the governance of the KHADC, other administered pockets like Mawprem, Jaiaw, Mawkhar, Lumparing, and Laban remain fully under the administrative authority of the KHADC through the Sixth Schedule. She reiterated that the Municipality’s jurisdiction is legally confined to sanitation, while all other administrative powers belong to the KHADC.
Mawjaw expressed deep concern over any attempt by the Municipality to usurp the Council’s powers through developmental schemes, describing it as a dangerous threat. She assured the House that the Executive Committee is fully committed to rectifying this anomaly and is prepared to approach the highest authorities if necessary.
She concluded by stating that while the Council has previously raised these concerns with higher authorities, including the State Government, definitive results are still awaited, particularly since amendments to Paragraph 20 have begun defining and restructuring the tribal areas.
