Consult Residents Before Abolition of Hereditary Chieftainship in Manipur

The Chief Minister of Manipur stated in the Assembly on the 4th of March 2024 that the state government will consult and take appropriate steps for implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967.

This is an Act that enables the abolition of the hereditary chieftainship. Incidentally, chieftainship was abolished in Mizoram by an Act called the Assam- Lushai District (Acquisition of Chief’s Rights) Act, 1954 and its subsequent amendment in 1955.

The Chief Minister has rightly stated that the state government will consult and take appropriate steps for implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967. The objective of doing so is clearly for abolition of hereditary chieftainship which is prevalent mainly among the Kuki-Zomi tribes.

Under Article 371-C, a committee known as  the “Hill Areas Committee” (HAC) has been constituted consisting of all elected representatives from the “Hill Areas” of Manipur. This Committee has been given specific functions and subjects under the Presidential notification dated 20th June 1972 called the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 containing four Schedules. The Order itself contains various definitions and functions of the HAC. The “Hill Areas” of Manipur have also been determined under the First Schedule”. The “Scheduled Matters” falling under the HAC are listed in the Second Schedule. This Order notified the modification in the “Rules of Business of the Government of Manipur, 1972” under the Third Schedule. Modification in the “Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1964” was also made under the Fourth Schedule.

The state government should note that para 4 of the Order dated 20th June 1972 lays down one of the functions of the Hill Areas Committee as below:-

“(1) All Scheduled matters in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee.”

The Scheduled Matters for the HAC, relevant to the proposal for abolition of chieftainship, has been laid down in the Second Schedule under para (9) as under:-

“(9) The appointment or succession of Chief or Head man.” In view of the specific functions and Scheduled Matters given to the HAC under the Presidential Order dated 20th June 1972 emanating from Article 371-C which provides for Special provision with respect to the State of Manipur, it is important that the state government follow the due process under the Constitution by referring the matter to the HAC as it relates to the “Hill Areas” and “Scheduled Matters”. The Chairperson and members of the HAC should assert their rights to discharge their functions and duties as provided under the Constitution. They may also resort to taking up the matter with the Governor under para 9 of the Order dated 20th June 1972 in case the state government and the Speaker chose to ignore the HAC on this matter.

The state government has rightly stated it will consult and take appropriate steps for implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act,

1967. Nevertheless, the mandatory requirement for the state government to refer matters to HAC and obtain its recommendation is pointed out, without going into the merits or demerits for abolition of the hereditary chieftainship.

The hope is that the HAC will not be by-passed by the state government in the decision-making process on the issue of abolition of hereditary chieftainship which is prevalent in the “Hill Areas” of Manipur among the Kuki-Zomi tribes.

First published by East Mojo

(The views expressed in the article are those of the authors and do not reflect in any way his affiliation to any organization or institution)