Introduction:
The hill state of
Meghalaya came into being on 21st January 1972,
carved out of the then composite state of Assam.
It encompasses three distinct autonomous areas
known as the Garo Hills, the Khasi Hills and the
Jaintia Hills, each predominantly inhabited by
the three ethnic major tribes, viz., the Garo
Tribes, the Khasi Tribes and the Jaintia Tribes
respectively. Today, the Garo Hills have been
subdivided into three districts, the Khasi Hills
into another three and the Jaintia Hills remains
a single unit.
State of
Meghalaya is the only State in the North East, the entire
area of which is governed by
the Provisions of Sixth Schedule (except Cantonment and
Municipality of
Shillong). United Khasi-Jaintia Hills District and Garo
HillsDistrict were
parts of tribal area of Assam having been placed at serial
no. I an2 of Part
A of the table appended to paragraph 20 of the Sixth
Schedule, as originally enacted.
An
autonomous State of Meghalaya within the State of Assam was
formed by the Assam
Reorganisation (Meghalaya) Act, 1969 comprising of the
United Khasi-Jaintia Hills
District and the Garo Hills District. This Act also inserted
paragraph 12A
making special provisions with respect to application of
lawsmade by the
Parliament and the State Legislature to the tribal areas in
Meghalaya.
The States
in the North Eastern Region were reconstituted by the North
Eastern Areas
(Reorganisation) Act 1971 and State of Meghalaya was formed
comprising of (a)
the territories which immediately before that day were
comprised in the
autonomous State of Meghalaya and (b) so much of the
territories comprised
within the cantonment and municipality of Shillong, as
did not form part
of that autonomous State. The table appended to paragraph 20
was divided into
three parts. Part II of the table covered the tribal areas
of the State of Meghalaya as under:
1.
United
Khasi-Jaintia Hills District.
2.
Jowai
District.
3.
Garo
Hills District.
The
Governor of Meghalaya altered the names of 'the United
Khasi-Jaintia
Hills District' as 'the
Khasi Hills District'; and the name of 'the Jowai District'
as 'the Jaintia
Hills District' by notification dated 14-6-19733
issued under paragraph 1 (3)(ff) of the Sixth
Schedule.
It is
pertinent to note that Part XXI of the Constitution does not
contain any special provision with regard to the State of
Meghalaya unlike other States in the
North
East. However, paragraph 12A was inserted by the Assam
Reorganisation
(Meghalaya) Act, 1969 with the formation of autonomous State
of Meghalaya within
the State of Assam making special provisions with respect
to application of
laws in Meghalaya. As per sub paragraph 1(a) if the laws
made by the
District Council under paragraph 3(1)(b) (the management of
any forest not being reserved forest) and under paragraph
3(1)(c) (the use of any canal or
water course for the
purpose of agriculture) is repugnant to any law made by the
Assam Legislature "with respect to any project
declared by the legislature of
that
State to be of State importance" then the law made by the
District Council to
the
extent of repugnant shall be void. Sub paragraph 1(b)
provided for
supremacy
of the law made by the Meghalaya Legislature over the laws
made
by the District Council in matters specified
in paragraph 3(1)(b) (the management of any forest not being reserved forest),
paragraph 3(1)(c) (the use of any -anal or water course for
the purpose of agriculture) and paragraph 3(1)
(f) (any other matter
relating to village and town administration, including
village and town
police and public health and sanitation). Sub paragraph (2)
and (3) empowered the legislature of Meghalaya to
make laws on any subject covered by paragraph (3) if so
requested by two or more District Council or Regional
Councils in Meghalaya. Under sub paragraph (4), the Governor
was given power, with
respect to any Act of the Legislature of Assam, and the
President was given power, with respect to any Act of
Parliament, to issue notification, directing that the any Act will not apply to
Meghalaya or shall
apply with such exception
or modification, as may be specified in the notification, with prospective or retrospective effect.
Paragraph 12A after
being substituted by the North Eastern Areas
(Reorganisation) Act, 19715 provides that
if any law or regulation made by the
District or Regional Council under paragraph 3, 8 or 10 is repugnant to
the law made by the Meghalaya Legislature, then the
law or regulation made by the District or Regional Council,
to the extent of repugnancy be void and the law made by the
State Legislature shall prevail. With respect to Acts of
Parliament, the power of President to issue notification
directing that the any Act will not apply to Meghalaya was
retained.
As of
now, there are following of District Councils in the State
of Meghalaya:
1.
Khasi Hills
Autonomous District Council.
2.
Jaintia
Hills Autonomous District Council.
3.
Garo
Hills Autonomous District Council.
