ADC Act That Never Worked in Manipur: No State Act, But Territorial/ District Council in Sixth Schedule Under Article 244-A of Constitution

Article 371-C was provided for continuing the provisions of safeguards for the “Hill Areas” of Manipur provided under section 52 of the Government of Union Territories Act, 1963 which was to be deleted when Manipur became a full fledged state. This Article was followed by the Presidential notification dated 20th June 1972 which contains all the provisions under section 52 of the above Act.

The tribes should not forget that the Manipur (Hill Areas) District Council Act, 1971 is a State Act as it was enacted by Parliament when Manipur was a Part-C state without law making powers. Since the dominant community has 40 MLAs out of 60, the tribal MLAs do not have the numbers to get what they want even if they are in the ruling party. The only way forward, to ensure the “Hill Areas” are protected by constitutional guarantee and that the tribes are not under the mercy of the dominant community who have the numbers to amend/modify the state Act, or any other state Act anytime at their whims and fancy, the tribes should demand from Government of India for nothing less than inclusion of “Hill Areas” in the Sixth Schedule under Article 244-A, similar to the Bodoland Territorial Council status. There is no point of talking about the failed draft Manipur (Hill Areas) ADC Bill, 2021 as this Bill would still be under the mercy of the dominant community. It is premature to discuss the merits or demerits of the Bill, as the only objective should be to have a constitutional provision for the “Hill Areas” under Article 244-A and not a state Act for the “Hill Areas”. If Manipur “Hill Areas” is included in the Sixth Schedule under Article 244-A, Manipur government would have no jurisdiction to interfere in the functions and powers of the district/territorial councils as everything would be specified under the Sixth Schedule of the constitution including the right to receive funds directly from the Central government.

The Kuki-Zo has realised the hard fact that the tribes will continue to be oppressed, subjugated and exploited until the tribes free themselves from the shackles of the dominant community, and there is no point to hope for anything from the Manipur government which is a government dominated by Meiteis and work only for the valley. There are lofty options for the tribes, but it is better to be practical and demand now for something achievable as the Kuki-Zo tribes seem to have done. The Nagas should not wait for conclusion of the Indo-Naga peace talks which is likely to take more time under a coalition government at the centre and should also be demanding for inclusion of the “Hill Areas” of Manipur in Sixth Schedule under Article 244-A. A concerted and united effort will brighten the chances of the demand succeeding.