ADC Bill 2021 unconstitutional, unofficial document: O Joy
Source: Chronicle News Service

Imphal, November 23 2021: Veteran politician Okram Joy has said that The Manipur (Hill Areas) ADC Bill 2021 is an unconstitutional and unofficial document.

Addressing a press meet at his Kakwa residence on Tuesday, the Congress leader pointed out that as per para/section 4(2) and (3) of the presidential order 'The Manipur Legislative Assembjy (Hill Areas Committee) Order 1972, the Hill Areas Committee has the power to discuss and take resolutions on scheduled matters but not the power to draft a Bill and table the same in the assembly.

As such, the ADC Bill drafted by HAC is beyond the power vested by the Constitution of the country, he said.

As per 'Rules of Procedure and Conduct of Business in Manipur Legislative Assembly' framed under Article 208 of the Constitution, the assembly secretary cannot forward a Bill to the government, which is not referred to the HAC by the assembly.

Rule for recruitment and service conduct for assembly secretariat is framed under Article 187 of the Constitution.

As per Rule 4 of the same, the speaker superintends and hands over responsibility to the assembly secretary.

The secretary can forward anything discussed in the House only after getting the approval of the Speaker.

In the context of ADC Bill, the assembly secretary directly sent the Bill to the government without the approval of the Speaker and as a result, it should be considered as an unofficial document, 0 Joy explained.

He further pointed out that as per para 39 of the Rules of Business framed under Article 166 of the Constitution, any administrative department of the government should consult with the law department to construct statutes, acts, regulations and statutory rules, orders and notifications.

Para 42 of the same Rules states that the legislation should be submitted to the cabinet council only after a memorandum is issued after consulting the finance department if it involves expenditure from the consolidated fund.

Para 45 states that the law department should prepare a tentative draft of the Bill to the department concerned.

However, the ADC Bill skipped all these processes and as such it is an unconstitutional and unofficial document, he reasoned.

It is unfortunate and rather surprising that the state government is not declaring the draft Bill as an unofficial document till date.

It is an act of violating the law and misleading the public.

Contents of the Bill are very sensitive and the state government should take up immediate measures to ensure that peace and unity remain intact among the people of different communities in the state, he said.

O Joy also said that nobody will object if the government enacts a law for the welfare of the hill people without hurting the sentiments of others.

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