ATSUM pitches for Article 371C special provision
Source: The Sangai Express
Kangpokpi, May 04 2022:
The All Tribal Students' Union Manipur (ATSUM) has apprised the Governor, the Chief Minister and the Hill Area Committee (HAC) Chairman to protect the special provision guaranteed under Article 371C and the subsequent order dated 20th June 1972 issued by the then President VV Giri by revoking and modifying the Government's order dated 26th August 2008 and 26th April 2022 through a memorandum today.
The ATSUM submitted the memorandum to Governor La Ganesan, Chief Minister N Biren Singh and HAC Chairman, Dingang-lung Gangmei for consideration by attracting Article 371C of the Constitution and Item No.7 of the 2nd Schedule of the Mani-pur Legislative Assembly (Hill Areas Committee) Order, 1972 .
The Government's office memorandum dated 26th August 2008 issued by the Principal Secretary (Revenue) referred to recognition of village while the other Government order No.9/11/98-CHA(Pt-II) A dated 26th April 2022 issued by Addl Chief Secretary (TA&H) referred to constitution of the Cabinet Sub-Committee to redraft the rules (Village Recognition Rules in Hill Areas and Valley) .
The ATSUM's memorandum signed by its president Paotinthang Lupheng and general secretary SR Andria stated that the HAC is constituted for dealing with the hill matters, however, the impugned notice dated 26th August 2008 and the order dated 26th April 2022 concerning hill matters were issued beyond jurisdiction without the consent and approval of the HAC.
While providing the grounds for revocation and modification of the alleged impugned notification and orders, the ATSUM stated that the Manipur Land Revenue and Land Reforms Act, 1960 and its Rules, 1961 are not extended in the hill areas of Manipur by virtue of the proviso of Section 2 of the MLR & LR Act, 1960, and as such, the Principal Secretary (Revenue) has no authority to issue the impugned order dt 26th August 2008 with respect to villages in the hill areas of Manipur.
It also stated that by virtue of Article 371C and the subsequent order dated 20th June, 1972, issued by the then President of India VV Giri, the Central and the State Government including the Revenue Department have nothing to do with the land and forest in the hill areas and the villages thereof, and as such, the impugned notice dated 26th August 2008 and the order dated 26th April 2022 are ab-initio void and cannot be acted upon.
It continued to state that the Department of TA & Hills is incompetent to issue the impugned order dated 26th April, 2022 without referring the matter to the HAC which was constituted under Article 371C of the Constitution.
Hence, the impugned order is ultra vires and is not binding upon the parties, it added.
It further stated that as per the provision guaranteed under Item no.7 of the 2nd Schedule of the Scheduled Matters of the Manipur Legislative Assembly (Hill Areas Committee) Order dated 20th June 1972, the subject matter of "village in hill areas" is absolutely within the purview of HAC, and accordingly, HAC is the only competent authority to deal with all matters relating to villages in the hill areas.
By issuing the impugned notice dated 26th August 2008 and the order dated 26th April 2022, the special provision guaranteed under Article 371C is defeated and thereby reduced to mockery, it added.
It then stated that mere executive order cannot supersede the mandatory provision guaranteed under Article 371C of the Constitution while adding that the impugned order is arbitrary, illegal, bias, unconstitutional, discriminatory, ultra vires and ab-initio void.
Therefore, in view of the above stated reasons, the two impugned orders i.e.Office Memorandum dated 26th August 2008 with regard to recognition of village issued by the Principal Secretary (Revenue) and Order no.9/11/98-CHA (Pt-II) A dated 26th April, 2022 issued by Additional Chief Secretary (TA&H) in connection with constitution of Cabinet Sub-Committee to redraft the rules (Village Recognition Rules in Hill Areas and Valley), be revoked so as to protect the special provision guaranteed under Article 371C and the subsequent order dated 20th June 1972 issued by the then President, VV Giri, the ATSUM memorandum added.
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