The Hill Area Committee (HAC) has termed the government meeting notice "ultra vires" and demanded a special session to table the pending Manipur (Hill Area) Autonomous District Council Bill, 2021.
The Hill Area Committee, Manipur Legislative Assembly held an emergency meeting on Monday with regards to the meeting notice issued by the Additional Chief Secretary (TA & Hills) and took resolutions.
The HAC resolution states that “as mandated by the Presidential order of June 20, 1972 and as unanimously decided by the Committee on August 16, 2021, the Hill Area Committee (Autonomous District Council Bill, 2021) as adopted was recommended for introduction in Manipur Legislative Assembly by the state government under Para 4, Function of the Hill Areas Committee. It quotes the Sub-Para 3”.
“The Hill Areas Committee shall have the right to consider and pass resolutions recommending to the government of the state and any Legislation or executive action affecting the hill areas with respect to any scheduled matter, so the Legislation or the executive action relates to the general question of policy and the legislation or the execution action is in conformity with the overall financial provisions for the Hill Areas made in the annual budget or contemplated in the plans of the state,” they stated.
The Resolution also quoted the second scheduled matters, Para 2 related to constitution and power and functioning of District Councils in the Hill Areas and the third schedule 12A wherein it states that “the council shall normally give effect to the recommendation of the Hill Areas Committee under sub-paragraph (3) of paragraph 4 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 but if the council is of the opinion that it would not be expedient to do so or that the Hill Areas Committee was not competent to make any such recommendations, the matter shall be referred to the Governor whose decision thereon shall be final and binding on the Council and action shall be taken accordingly”.
The Resolution also quoted Para No 7 of the Presidential Order, 1972, Modification in the Rules of Business of the Government of Manipur; “The modifications directed in the Third Schedule shall be made in the Rules of Business of the Government of Manipur, 1972 and shall not in any way be affected by any amendments that may hereafter be made in the said Rules by the Government under Article 166 of the Constitution, otherwise than with the approval of the President”.
The Resolution explained that “further the committee as mandated under the Rule 224 of the Rule of Procedure and Conduct of Business is permitted to conduct or attend meetings only on the direction of the Hill Areas Committee Chairman”.
Rule 224 of the Rule of Procedure and Conduct of Business in Manipur Legislative Assembly is reproduced herein below “the sitting of Hill Areas Committee shall be held in private and within the precincts of the house on such dates and at such times as the chairman may fix.
State legislature of which the Hill Areas Committee is a part and parcel of is supreme as per provisions of the Constitution of India and as such it is unprecedented that by an executive order signed by an official department representing the State of Manipur is not empowered under any rule to issue a notice requesting or summoning any Member of the Hill Areas Committee for or on behalf of the Committee to attend any meeting outside the precinct of the house under the rule 224 as stated above.
Citing all the above, The Hill Area Committee has termed the government meeting notice on November 27 as ultra vires which directly contradicts the Rules of Procedure and Conduct Of Business in Manipur Legislative Assembly and thereby breaking all conventions as followed by the Legislature since the creation of the state in 1972.
The committee finally resolved and reiterated that a special session of the Manipur Legislative Assembly be convened at the earliest for introducing and considering the Manipur (Hill Areas) Autonomous District Council Bill, 2021.
The resolution was signed by the chairman, Hill Area Committee, Manipur Legislative Assembly and the deputy secretary, Hill Area Committee, Manipur Legislative Assembly.
It may be mentioned that the Government of Manipur, through the secretariat of Tribal Affairs and Hills Department, had issued a meeting notice on November 27, 2021 inviting the Hill Area Committee Members, Manipur Legislative Assembly to attend with legal experts in addition to the members of the new committee constituted by the Government on the same date.
On the same day, through repeated orders signed on behalf of the Governor by Letkhogin Haokip, Additional Chief Secretary (TA & Hills) Government of Manipur, the Government had constituted a Committee to discuss the Hill Areas Autonomous District Council Bill, 2021 with the Hill Areas Committee, Manipur Legislative Assembly.
