Implementation of provisions given in Article 371-C and the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972, requires action from Hill Areas Committee (HAC) and MLAs.
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The tribes living in the “hill areas” of Manipur must understand how the provisions given under Article 371-C and the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 (henceforth referred to as the “1972 Order”) can be made to work. Making it work requires courage from the tribal ministers, the Chairperson of the Hill Areas Committee (HAC), and MLAs, along with ground support from the public, especially students and civil society organisations (CSOs).
Rights of the Hill Areas Committee
The Hill Areas Committee (HAC), constituted under Article 371-C for the “hill areas” of Manipur, is a constitutional body. The role, rights, and functions of the HAC have been laid down in the 1972 Order. Paragraph 4(3) of the 1972 Order states that: “The Hill Areas Committee shall have the right to consider and pass resolutions recommending to the Government of the State any legislation or executive action affecting the Hill Areas with respect to any Scheduled matter, provided that the executive action relates to general questions of policy and the legislation or executive action is in conformity with the overall financial provisions for the Hill Areas made in the Annual Budget or contemplated in the Plans of the State.”
Pressurise the Chief Minister
For the purpose of this paper, the writer focuses on how the intent of these provisions can be made to fructify, coupled with political strategies, particularly with regard to the enactment of laws by the state government for the “hill areas” on any scheduled matter.
Firstly, the onus of making laws for the “hill areas” on any Scheduled matter lies primarily with the tribal MLAs elected from the hill areas, who are part of the ruling party or coalition. They are part of the state government and currently include at least four Ministers in the Council of Ministers (cabinet). In addition, a tribal MLA from the ruling party or coalition serves as the Chairperson of the HAC. These five individuals, along with the other tribal MLAs, shoulder the responsibility of persuading the Chief Minister to facilitate the making of laws for the hill areas on Scheduled matters.
The 1972 Order enables laws for the hill areas to be drafted by the HAC and recommended to the state government through a resolution. To have the recommended Bill enacted into law, the HAC must work in coordination with the state government. It is the responsibility of the HAC to build a coalition with tribal MLAs from both the ruling party or coalition and the opposition to achieve what has been recommended through its resolution.
Party ideology and discipline may discourage deviation from the party line. However, as representatives of the hill areas, these MLAs have an added responsibility to safeguard tribal rights and ensure the enactment of laws for the hill areas on scheduled matters as provided under the Constitution and the 1972 Order. Furthermore, they owe a duty to their constituents to protect tribal rights and fulfil their responsibilities as members of the HAC.
If matters have to be pursued aggressively, tribal ministers, the Chairperson of the HAC, and MLAs, regardless of political affiliation, can threaten to resign from their positions and bring down the government over the issue of enacting laws for the hill areas.
In the current context, with about a year left before the term of the Manipur State Assembly ends, this is an opportune time for the tribal ministers, the Chairperson of the HAC, and MLAs to pressurise the Chief Minister to facilitate the enactment of the Manipur (Hill Areas) Autonomous District Council Bill, 2021. This Bill is currently pending with the state government and has yet to complete the process laid down in the 1972 Order.
The 1972 Order makes it mandatory for the Chief Minister and the Council of Ministers to act in accordance with Rule 12-A of the Rules of Business of the Government of Manipur, 1972, which reads as follows: “12-A. The Council shall normally give effect to the recommendation of the Hill Areas Committee under sub-paragraph (3) of paragraph 4 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972. But if the Council is of the opinion that it would not be expedient to do so or that the Hill Areas Committee was not competent to make any such recommendation, the matter shall be referred to the Governor, whose decision thereon shall be final and binding on the Council, and action shall be taken accordingly.”
How It Can Work
The Manipur (Hill Areas) Autonomous District Council Bill, 2021, was recommended by the HAC to the state government in 2021 during the Chairpersonship of Mr. Leishiyo Keishing, through a resolution. However, the Bill has not yet completed the procedure required under the provisions of the 1972 Order.
Rule 12-A of the Rules of Business of the Government of Manipur, 1972 requires the Council (cabinet) to either “normally give effect to the recommendation of the Hill Areas Committee” or, if it believes it would not be expedient to do so or that the HAC was not competent to make such a recommendation, to refer the matter to the Governor for a final and binding decision.
The state government has not acted under Rule 12-A, and the 2021 Bill remains pending for the state government to decide whether to table it in the Assembly or refer the matter to the Governor.
The next step, if the Bill is sent to the Assembly under Rule 12-A, is to proceed under Rule 140 of the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1964, which states: “140. Motion for introduction of Bills affecting the Hill Areas — When a Bill, other than a Money Bill, affecting the Hill Areas and containing mainly provisions dealing with any of the Scheduled matters is introduced, or on some subsequent occasion, the member-in-charge may make the following motion in regard to his Bill, namely: ‘That it be referred to the Hill Areas Committee.’ Provided that no such motion shall be made by any member other than the member-in-charge except by way of amendment to the motion made by the member-in-charge.”
The Bill introduced by the concerned Minister is to be referred to the HAC, which will examine the Bill and submit a report with specific modifications or new insertions or both. These will be reflected in its report. By virtue of the legislative role given under the 1972 Order, the HAC effectively becomes the permanent standing “Select Committee” of the Assembly with respect to laws affecting the hill areas on scheduled matters.
Furthermore, the Speaker has a specific role in submitting the matter in its entirety to the Governor if the Bill passed by the Assembly is substantially different from that reported by the HAC or if the Bill is rejected by the Assembly.
Rule 157-A of the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1964 provides the procedure for such situation. The Governor shall, as soon as possible after receiving the Bill, return it to the Assembly with a message recommending whether the Bill should be withdrawn or passed either in the form reported by the HAC or in the form passed by the Assembly.
Rule 157A of the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1964 is reproduced below: “157A(1). When a Bill as reported by the Hill Areas Committee is not passed by the Assembly in the form in which it has been reported but is passed in a form which, in the opinion of the Speaker, is substantially different from that as reported by the Hill Areas Committee, or is rejected by the Assembly, the Speaker shall submit to the Governor:
(a) in any case where the Bill has been passed by the Assembly in a substantially different form, the Bill as passed by the Assembly together with the Bill as reported by the Hill Areas Committee.
(b) in any case where the Bill is rejected by the Assembly, the Bill as reported by the Hill Areas Committee.
(2) When a Bill is not approved by the Hill Areas Committee but is passed by the Assembly, the Speaker shall submit to the Governor the Bill as passed by the Assembly together with the report of the Hill Areas Committee.
(3) The Governor shall as soon as possible after the submission to him of the Bill, return the Bill to the Assembly with a message recommending either that the Bill be withdrawn or that it be passed in the form in which it has been reported by the Hill Areas Committee or in the form in which it has been passed by the Assembly and the message received from the Governor shall be reported by the Speaker to the Assembly and accordingly the Bill shall be deemed to have been withdrawn, or as the case may be, deemed to have been passed by the Assembly in the form recommended by the Governor”.
Governor’s Role
Paragraph 9 of the 1972 Order provides: “Special responsibility of the Governor — The Governor shall have special responsibility for securing the proper functioning of the Hill Areas Committee in accordance with the provisions of this Order and shall, in the discharge of his special responsibility, act in his discretion.”
The Governor, therefore, has the authority to ensure the proper functioning of the HAC. The HAC may petition the Governor by pointing out the non-cooperative attitude of the state government and the Speaker in facilitating laws for the hill areas and seek his intervention to secure the proper functioning of the HAC.
President’s Overarching Role
Article 371-C(2) provides an overarching role for the President of India. It states: “The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur, and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.”
The HAC can bring to the notice of the President the grievances of tribal people in the hill areas arising from the absence of laws on Scheduled matters due to non-cooperation by the state government in facilitating the enactment of HAC recommendations. The President may then consider the Governor’s report and exercise the Union’s executive powers to remedy the situation.
Compelling the State Government to Act
A thorough reading of Article 371-C and the 1972 Order reveals how the Manipur (Hill Areas) Autonomous District Council Bill, 2021, currently pending with the state government, or any new bills proposed by the HAC, can be leveraged to pressurise the Chief Minister at this critical juncture, when the general election to the Manipur Assembly is only a year away.
Tribal MLAs, Ministers, and the HAC Chairperson have little to lose but much to gain politically if they can demonstrate their ability to work together and employ brinkmanship politics to secure the enactment of laws for the hill areas on scheduled matters before the general elections. At the very least, they can compel the state government to reveal its position on whether tribal people will be allowed to have their own laws for the hill areas as envisaged under Article 371-C and the 1972 Order.
Conclusion
Students, CSOs, leaders, and members of the intelligentsia from the hill areas should pressurise the tribal ministers, the Chairperson of the HAC, and MLAs to work unitedly to pressurise the Chief Minister during this crucial period. It is perhaps the most opportune moment, when the state government is politically vulnerable, a now-or-never situation.
If the current state government concedes to the demands of the HAC, it would be one of the greatest achievements of tribal pressure groups, opening the possibility for more laws specifically meant for the hill areas, something the tribal people urgently need in the present circumstances of ST demand by the dominant community.
Alternatively, if the state government rejects Bills concerning the hill areas, the intention of the dominant community will become clear whether they are willing to allow tribal people to have their own laws for the hill areas. Forcing the hand of the CM will enable the tribal people to determine where their interests and future lie; be it amendment of Article 371-C in the form of Article 371-A as provided for Nagaland, Sixth Schedule in the form of Bodoland Territorial Council, or separate administration as UT or state and accordingly chart their future course with renewed vigour.
Ngaranmi Shimray
New Delhi