CJ addresses seminar on district council courts
SHILLONG: Chief Justice of the Meghalaya High Court Ajay Kumar Mittal today said the Sixth Schedule to the Constitution of India is a mini constitution governing the administration of tribal areas of the north eastern part of the country.
“It was aimed at granting some kind of autonomy to the tribal populace so that they could be guided by their customary laws and practices and not be pushed to conform to a modern system of governance where they might not be able to negotiate their own liberal political space and to grow according to their own genius. It provides for administration of certain tribal areas as autonomous entities,” he said.
The Chief Justice was addressing at the inaugural function of the seminar on “District Council Courts of Meghalaya” organized by the Meghalaya State Judicial Academy at the conference hall of the High Court here on Saturday.
Kumar said that Article 244 of the Constitution of India provides for Administration of scheduled Areas and Tribal Areas.
The Constitution of India makes special provisions for the administration of the tribal dominated areas in four states viz Assam, Meghalaya, Tripura and Mizoram.
As per article 244 and 6th Schedule, these areas are called “Tribal Areas”, which are technically different from the Scheduled Areas under fifth schedule.
Presently, there are ten such Councils in the region of which the state of Meghalaya has three namely, Khasi Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Garo Hills Autonomous District Council.
He observed that there is a unique system of administration of justice in the state of Meghalaya where 3 sets of judicial institutions or functionaries and laws are in place.
Firstly, in the Normal Areas of Shillong (the three Municipal Wards of Police Bazar, Jail Road, European Ward and the Cantonment area), the Code of Criminal Procedure and the Civil Procedure Code are applicable as such, both in letter and in spirit, he said.
He said the Court of the District Judge and his subordinates have jurisdiction over these areas as per the provisions of the Bengal, Agra, Assam Civil Courts Act, 1887. The explanation to sub-section (2) of Section 1 of the Code of Criminal Procedure, 1973 distinctly recognizes such a unique feature relating to Shillong.
The chief justice said secondly, the Deputy Commissioner and his Assistants are empowered to try civil and criminal cases in the entire State of Meghalaya, barring the Normal Areas of Shillong, under the provisions of The Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills District 1937; The Rules for the Administration of Justice and Police in the Garo Hills District 1937; and The Khasi Syiemships (Administration of Justice) Order, 1950.
Accordingly to him, the last set of Judicial System in the state is found in the functioning of the District Council Courts having jurisdiction within the areas covered by the Autonomous District Councils i.e., KHADC, JHADC and GHADC, duly constituted under the provisions of the Sixth Schedule to the Constitution of India.
These District Council Courts are constituted under the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 for the Khasi Hills District; the Jowai Autonomous District (Administration) Act, 1967 for the Jaintia Hills District; and the Garo Hills Autonomous District (Administration of Justice) Rules, 1953 for the Garo Hills District.
He said significant it is to mention that in the second and third sets of judicial system, the strict letters of laws of procedure do not apply but the concerned Courts are to function with the spirit of such rules of procedure.
Succinctly put, the entire state of Meghalaya, save and except the Cantonment Area and the Normal Areas including Shillong Municipal Areas essentially answers to the description of “Tribal Areas” within the meaning of the Constitution of India, he said.
The administration of justice in these tribal areas is carried on as per the provisions of paragraphs 4 and 5 of the Sixth Schedule to the Constitution; and in terms of Administration of Justice Orders and Rules abovementioned, he said.
In his speech, Justice HS Thangkhiew said that the ADC Courts of KHADC, JHADC and GHADC are empowered to constitute Courts for trials of cases between parties belonging to Scheduled Tribe communities. The District Council Court for each district consists of qualified Judicial Officers, designated as Judges and Magistrates who are appointed by the Executive Committee with the approval of the Governor under The United Khasi-Jaintia Hills District (Administration of Justice) Rules, 1953.
He also informed that under the United Khasi-Jaintia Hills District (Administration of Justice) Rules, 1953, three classes of Courts have been provided, namely Village Courts, Subordinate District Council Courts and District Council Court. He also informed that these courts try all cases at different level when litigation is within the tribal areas and party or parties involved are tribals. They dispense justice in line with the traditional customs and usages.
After dwelling in detail about the powers and functions of the District Courts and the intricacy of traditional laws encountered in dispute resolutions, Justice Thangkhiew felt the need to put in place an efficient mechanism of administration of justice and expressed hoped that this seminar will deliberate on measures for a better administration of justice for the benefit of the people.
In the technical sessions, three topics were deliberated and discussed. The topics included The Sixth Schedule, its historical background and the implication of the Sixth Schedule for the tribes of Meghalaya deliberated by Dr. O L Snaitang, Important decisions of the Supreme Court of India viz-a-viz the District Councils in Meghalaya by T T Diengdoh, Sr. Advocate and the Powers and Functions of District Council Courts by Dr. S Kharsyiemlieh, Judge, District Council Court.
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