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UPSC MEGHALAYA TRIBAL COUNCIL TO REVISIT INSTRUMENT OF ACCESSION (IOA) - English

MEGHALAYA TRIBAL COUNCIL TO REVISIT INSTRUMENT OF ACCESSION (IOA)

Why in News?

A tribal council in Meghalaya has called for a meeting of traditional heads to revisit the Instrument of Accession that made the Khasi domain a part of the Indian Union more than seven decades ago.

Why does Meghalaya tribal council want to revisit IoA?

The need to revisit the Instrument of Accession and Annexed Agreement was stressed by leaders in the Khasi Hills Autonomous District Council (KHADC). According to them, it is important to understand the paragraphs of the agreement, since many provisions are missing from the Sixth Schedule of the Constitution.

The Federation of Khasi States had sought special status, like Nagaland has under Article 371A, which protects socio-religious and customary practice of nagas with right to administration of civil & criminal justice as per Naga Customary laws.

Under Article 371A, Nagas also enjoys ownership and transfer of land and its resources.

Recently, introduced the ‘Khasi Inheritance of Property Bill, 2021 might have infuriated few leaders of KHADC, as an interference to social and customary practices of Khasi people. The bill called for “equitable distribution” of parental property among siblings in the Khasi community.

The KHADC said the provisions can be added to the Sixth Schedule, which “can be amended by Parliament”.

IoA and Meghalaya

• IoA with the Khasi hills state was signed with the Dominion of India between 15th December, 1947, and 19th March, 1948.
• Meghalaya is divided into three regions dominated by as many matrilineal communities – the Khasis, Garos and Jaintias.
• The Khasi hills straddle 25 Himas or States that formed the Federation of Khasi States.
• The conditional treaty with these States was signed by Governor General of India, Chakravarty Rajagopalachari on 17th August, 1948.
• Sixth Schedule
• The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state.
• The Sixth Schedule contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
• The tribal areas in these four states have been constituted as autonomous districts. The governor is empowered to organise and re-organise the autonomous districts.
• The acts of Parliament or the state legislature do not apply to autonomous districts or apply with specified modifications and exceptions.
• The power of direction, in this regard, lies either with the President or Governor.
• Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the Governor and the remaining 26 are elected on the basis of adult franchise.
• The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office at pleasure of the governor.
• Each autonomous region also has a separate regional council.
• The district and regional councils administer the areas under their jurisdiction.
• They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, the inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the Governor.
• They can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of the high court over these suits and cases is specified by the governor.
• The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
• They are empowered to assess and collect land revenue and to impose certain specified taxes.

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