ATSUM sees red over HAC induction
Source: Chronicle News Service / Newmai News Network
Imphal, September 05 2021:
All Tribal Students' Union Manipur (ATSUM), the apex tribal student organisations representing 34 tribes in the state, submitted a memorandum each to Governor La Ganesan and chief minister N Biren with regard to appointment of eight valley MLAs as members of Hill Areas Committee (HAC) of Manipur Legislative Assembly.
The memorandum urged the Governor and the CM to rescind the order issued on September 1 immediately to prevent social upheavals.
Both the memoranda gave reference to the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly and Hill Areas Committee order, 1972 by the President of India VV GIRI Sub-Section (1) of Section 3.According to the ATSUM memorandum, the appointment order issued in the name of the speaker of Manipur Legislative Assembly was unconstitutional, arbitrary and showcases the hegemonic attitude of the state government over the tribal people.
It also said that the speaker is not empowered by virtue of Article 371C to include eight non-hill house tax-paying assembly constituencies under the Hill Areas Committee.
The memorandum also said that the topographical representation of the surface features of a place in the valley, for instance, few hillocks at sporadic places and the existence of tribal villages in the valley do not qualify to be construed as hill areas due to the simple fact that only the President of India has the authority to define the area(s).
The first schedule of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 clearly specified 'Hill Areas' as the erstwhile Manipur North, now Senapati, Sadar Hills, Manipur East (Ukhrul), Manipur West (Tamenglong) and Manipur South revenue district (Churachandpur).
Chandel, Chakpikarong and Tengnoupal were revenue sub divisions of Manipur Central revenue district.
There fore, Hill Areas encompass only the assembly constituencies within the districts and sub-divisions determined in the first schedule under presidential order 2(C) and not by an incompetent authority like the speaker of the Assembly, it added.
The HAC was constituted by an order of President under power conferred by Article 371C of Indian constitution and the expression Hill Areas relating to constitution of HAC can only be declared/defined by the President through an order.
ATSUM then said that the order of the speaker defeated the Statement of Objects and Reasons of the Constitution (Twenty Seventh Amendment) Act, 1971 that states, 'Hill Areas of Manipur are predominantly inhabited by members of Scheduled Tribes.
To safeguard their interests special provisions were made in Section 562 of the Government of Union Territories Act, 1963 for a Committee of the Legislative Assembly of the Union territory of Manipur consisting of members from the Hill Areas.
When the Union Territory of Manipur becomes a state under the reorganisation scheme, the said section 52 will cease to be operative.
It is proposed, as a part of the scheme of safeguards For the people of the Hill Areas to continue this arrangement even after Manipur becomes a state.
So, a specific provision is being made in the Constitution for the formation of such a committee (clause 5).Therefore, inclusion of MLAs from assembly constituencies of unscheduled areas in the Hill Areas Committee is irrational.
The ATSUM memorandum then said that even the issuance of order of September 1 is being questioned of its legality from various quarters, issuing of another order dated September 4 by the secretary of the Assembly in the name of the speaker keeping in abeyance the membership of the 8 valley MLAs in the HAC instead of rescinding it, has further aggravated resentment among the tribal populace.
The apex tribal student body then said that the unconstitutional and arbitrary order violating the Constitutional provision is a challenge to the existence of the tribal populace living in the state of Manipur and urged the Governor and CM to rescind the order of the speaker to ensure that Constitutional provision is safeguarded.
Procrastination of the issue will attract social upheavals, the tribal student body cautioned.