Article 371 & Sixth Schedule need further discussion: CM
Shillong,Mar 5: The state government is yet to discuss the provisions for Meghalaya as per Article 371 of the Indian Constitution since the state is also governed by the district councils..
According to Chief Minister Conrad Sangma, there is a need to discuss and debate on the pros and cons of the Sixth Schedule and Article 371 of the Indian Constitution.
In reply to a query by VPP legislator from North Shillong Adelbert Nongrum in the Assembly, Sangma said, “There are pros and cons of the Sixth Schedule and there are pros and cons of Article 371. If you look at all the Sixth Schedule areas, there are provisions of having a legislature wing, executing wing and a judiciary wing, whereas the Article 371 does not have those provisions…Therefore, it is a matter where one needs to discuss and debate.”
The chief minister also said the Article 371 is not same for all the states.
“This Article 371 does not mention anything about protection or having to implement central laws. My point being no Article 371 is uniform. For different states there is a different Article 371 with different provisions. Hence, if you say that the provisions that are there in Nagaland, then that is a matter to be discussed and debated”, Conrad said.
“But my point being it is a question of really looking at this entire picture. You have Sixth Schedule areas where there is a legislature wing, judiciary wing and executive wing which does not exist in the article 371. Now what do we prefer? I do not know whether this is the right platform to discuss all this as it will lead a huge debate,” he added.
No uniform civil code
Further, the chief minister also maintained that there is no question of bringing in the uniform civil code (UCC) to the state.
“We are very clear there is no question of bringing in UCC in our state nor are we adopting anything in that line,” he said.
“We are also very clear that if there are any moves to make a UCC that is in any way going to dilute the powers, dilute the customs and rights of the tribal people, then that is unacceptable to the government and the people,” Sangma added.
Mukul Sangma reacts
Leader of Opposition Mukul Sangma has said the Article 371 can be used as a political weapon against the state.
“There might be a possibility of weaponizing this as a political weapon. Therefore, I urge the government to let us have a discussion so that people will know the difference between the mandate of Article 371 and the mandate of the Sixth Schedule of the Constitution…” Sangma said while participating in the Assembly during the question hour.
Referring to the proposed amendment to the Sixth Schedule, the former chief minister said Para 12 a (b) must be restored to the original one.
“This is one very important part that the state is in position to apprise the government of India about whether the laws passed by the parliament at any point of time can be applicable or should be adopted in the state, let that power be vested to the state,” he said.
Sangma, who is also TMC leader, said that certain powers which were vested to the states have been quietly taken away.
“If we read para 12 a (b), we see that, earlier power to rescind in respect of application of any law enacted by Parliament was vested with the Governor but this has been taken and given to the President,” he said.
“There is a need to enlighten the people about provisions of the constitution vis-à-vis the Sixth Schedule and Article 371. I think it is only good to really have complete clarity otherwise I am afraid people will be misguided,” he said.
