Meghalaya: BJP MDC Bernard N Marak urges Governor to restore Sixth Schedule sanctity in GHADC

CORRESPONDENT

SHILLONG: In a detailed and impassioned memorandum to Meghalaya Governor CH Vijayashankar, Bernard N. Marak, BJP leader and elected Member of District Council (MDC) from the nine-Tura constituency under the Garo Hills Autonomous District Council (GHADC), has raised serious concerns over what he described as “a series of constitutional anomalies and policy deviations” that are eroding the core principles of the Sixth Schedule in Garo Hills.

“With utmost respect, I write to bring to your kind notice a series of constitutional anomalies and policy deviations introduced and perpetuated in the Garo Hills Autonomous District Council (GHADC), which continue to erode the foundational principles and special protections enshrined under the Sixth Schedule of the Constitution of India,” Marak wrote in his memorandum.

He emphasized that these irregularities have not only compromised the constitutional autonomy of the GHADC but have also significantly weakened traditional institutions like the Nokmaship, while politically disenfranchising Scheduled Tribe communities. One of the key grievances Marak highlighted was the unauthorized adoption of the “Assam Schedule” within the GHADC without any official Gazette notification. He pointed out that this incorporation has enabled the operation of plain mauzas (5, 6, 7, 8, 9, 10) in hill areas originally governed by Hill Mauzas (1, 2, 3, 4), thereby undermining the authority of the traditional Nokmas. He urged the Governor to intervene and abolish the Assam Schedule from GHADC’s jurisdiction.

Marak also raised the issue of violations of tribal reservation norms, stating that, unlike the Khasi and Jaintia Hills Autonomous District Councils, reserved seats in the GHADC have been opened to general candidates. He appealed for strict directives requiring the compulsory submission of Scheduled Tribe Certificates during nominations for GHADC elections.

Additionally, he drew attention to the procedural anomaly where Scheduled Tribe residents of Garo Hills are being forced to apply for Scheduled Caste certificates and vital documents through State offices instead of the GHADC. Marak called for the restoration of the GHADC’s authority to issue such documents to prevent institutional redundancy and revenue loss.

On urban governance, Marak highlighted a constitutional violation, citing Article 243ZC, which prohibits the operation of municipalities in Scheduled Areas. He urged the Governor to issue a notification clearly barring municipal operations in areas administered by Nokmas.

Further, he accused the State Government of an “unconstitutional takeover” of several GHADC departments, including Education, Health, Forest, Transport, and Civil Works, through what he termed “administrative manoeuvring.” He demanded that these departments be returned to GHADC control for better local governance.

He also alleged illegal land classification in Tura, stating that Nokma lands were being unilaterally reclassified as Government Administration Department (GAD) land without proper acquisition procedures. Citing a 1975 Gazette Notification, he demanded an immediate halt to such actions.

Concluding his memorandum, Marak expressed deep concern over the overall condition of the GHADC, citing severe fund shortages, unpaid salaries for 41 months, and outstanding GST liabilities. He asserted that these systemic failures stem from constitutional violations and called for urgent intervention at the highest level to restore justice and indigenous self-governance in both letter and spirit.

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