(From previous issue)
This implies that even if the Assembly distorts the Bill while enacting it into law in partial or total disregard of the HAC reported and recommended Bill, the matter has to be submitted to the Governor by the Speaker in its entirety, and the Governor’s decision is final. With such provisions made by Article 371-C, the Hill Areas will have some laws ultimately. The question of Hill Areas having no laws does not arise.
(7) The Second Schedule of the 1972 Order has listed several Scheduled Matters for legislation, i.e. laws which can be initiated by the HAC and made into law by enactment by the Assembly, and they include: – Power and functioning of District Councils; allotment, occupation, or use, or the setting apart of land; management of any forest not being a reserved forest; use of any canal or water course for purposes of agriculture; regulation of the practice of Jhum; establishment of Village Committees or Councils (should be understood as Village Authorities) and their powers and other matters relating to village administration; public health and sanitation; appointment or succession of Chief or Headman; inheritance of property; marriage and divorce; and social customs.
This list can be enlarged by including any other matter which the Assembly may by resolution declare to be a matter which shall
come within the purview of the Hill Areas Committee. (The Second Schedule of the Presidential Order dated 20th June 1972).
(8) Article 371-C(2) provides an overarching role for the President of India, who can ask for a report from the Governor, apart from the annual report, 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. This means that the Government of India can issue directions to the State government regarding the making of laws on specified Scheduled Matters for the administration of the Hill Areas. The executive power of the Union can be made in any manner that would aid the smooth and streamlined functioning of the administration of hill areas as visualised by Article 371-C(2).
Finally, there is the issue of which method of law making is better for local self-governments; i.e. the law-making power of the Sixth Schedule under Article 244(2) and Article 244-A given to the autonomous district councils requiring only the approval of the Governor without involvement of the State government or Assembly, or the complex system of legislation given to HAC under Article 371-C and the Presidential Order dated 20th June 1972 for the administration of Hill Areas. The road under Article 371-C can be smooth or full of obstructions, but there are sufficient provisions to ensure that HAC will ultimately triumph by having laws even if it is through the tedious route of obstructions. This unique system of law making is already available to be implemented, and since no serious attempts have been made to implement the scheme for administration of Hill Areas envisaged by Article 371-C so far, this system deserves a shot. If it fails on account of unreasonable obstruction or otherwise, the people from Hill Areas can demand for another system. It is tempting to prefer the Sixth Schedule system of Meghalaya, but it should not be forgotten that it is a tribal State without the problems of a dominant community trying to suppress the other minority communities. Manipur has a dominant community who are not ready to share power with the tribes.
Conclusion
The scheme of legislation and administration of the Hill Areas of Manipur is already provided by Article 371-C. The scheme recognises the need to protect the tribes living in the Hill Areas by giving them laws to be drafted by the HAC and made into law in partnership with the State government and the Assembly. The legislation is to be piloted by the HAC and facilitated by the State government through the Assembly. Moreover, in case of road blocks, the oversight responsibilities of the Governor and the overarching role of the President are available to ensure that the administration of the Hill Areas works efficiently and effectively and laws to be implemented by the local self-government agencies are enacted one way or the other. With obstructions, the process may be long and tedious, but nevertheless, laws on Scheduled Matters for the Hill Areas will ultimately be enacted. This process of law-making should be smoothly executed if the people of the State, the majority community, and the tribes in the hill areas want to live in peaceful coexistence and harmony.
(Concluded)
Ngaranmi Shimray
New Delhi
Wednesday, March 11, 2026