Introduction
Meghalaya was created as an Autonomous State on April 2, 1970 comprising the United
Khasi-Jaintia Hills District and the Garo Hills District. It gained the status of a full state on
January 21, 1972. Local self-government is the foundation of Democracy. The Khasi Tribe had
its own traditional socio-political institution which was deeply rooted in their society and today
living. It can also be considered as traditional self-governing institutions. These institutions are
still responsible for the day-to-day administration of the people. The concept of self- government
in the Khasi Hills is centuries old, tribals were looking and managing their essential social
affairs based on popular will and consent, freely expressed, for ages. With the independence of India, the framers of the Indian Constitution' recognized the need to protect the interests of the tribal people of North Eastern India, including their interest in the land and forest resources.
This led to the framing of the sixth schedule which provided for the establishment of Autonomous District Councils. Hence, in pursuance of the Sixth Schedule of the Constitution of India, the United Khasi-Jaintia Autonomous District Council was set up in the United Khasi and Jaintia Hills District which was later bifurcated into two autonomous district councils, namely the Khasi Hills Autonomous
District Council (KHADC) and the Jaintia Hills Autonomous District Council (JHADC).
The KHADC exercises jurisdiction over the Districts of East, Khasi Hills, the West Khasi Hills
and Ri Bhoi District. The Garo Hills District Council takes care of Garo region of the State of
Meghalaya.
Paragraph I of the Sixth Schedule (Article 244 and 275) provides that the Governor may,by notification, create a new Autonomous District; diminish the area of any Autonomous
District; unites two or more Autonomous Districts or parts thereof so as to form one Autonomous
District; define the boundaries of any Autonomous District; and after the name of any
Autonomous District subject to the recommendation of and the decision taken on the report of
a commission; It appointed for the purpose. The Governor is the final authority for the abolition
or modification of the administrative areas of the Autonomous District Councils.
Constitution of District Council and a Regional Council
There shall be a District Council for each autonomous district consisting of not more than
thirty members, of whom, not more than four persons shall be nominated by the Governor and
the rest shall be elected on the basis of adult suffrage. There shall be a separate Regional Council
for each area constituted an autonomous region under the schedule. Each District Council and
each regional council shall be a body corporate by the name respectively of the District Council
of (name of the District) and the Regional Council of (name of the Region), shall have perpetual
succession and a common seal and shall by the said name sue and be sued. The Governor shall
make rules for the first constitution of District Councils and Regional Councils in consultation
with the existing tribal councils or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for the composition of the
District Councils and Regional Councils and the allocations of seats therein, the procedure and
conduct of business in the District and Regional Councils and the appointment of officers and
staff of the District and Regional Councils. The elected members of the District Council shall
hold office for a term of five years from the date appointed for the first meeting of the Council
after the general election to the Council, unless the District Council is sooner dissolved and a
nominated member shall hold office at the pleasure of the Governor.
Powers of the District Council and Regional Councils
The Regional Council for an autonomous region in respect of all areas within such region
and the District Council for an autonomous district in respect of all areas within the district
shall have the power to make laws with respect to the allotment, occupation or use, or a setting
part of the land, other than any land which is a reserved forest for the purposes of agriculture
or grazing, or for residential or other non-agricultural purposes or for any other purposes likely
to promote the interest of the inhabitants of any village or town; the management of c any forest
not being a reserved forest; s the use of any canal or water-course for the purpose of agriculture;
the regulation of practice of jhum or other forms of shifting cultivation; the establishment
of village or town, committees or councils and their powers; any other matter relating to village
or town administration, including village or town police and public health and sanitation, the
appointment or succession of Chief or Headman, the inheritance of property, marriage and
divorce and social customs.
Administration of Justice
The Regional Council for an - autonomous region in respect of areas within such region
and the District Councils for an autonomous region in respect of areas within the District other
than those which are under the authority of the Regional Councils, if any, within the District
may constitute village councils or courts for the trial of suits and cases between the parties all of
whom belong to Scheduled Tribes within such areas, other than suits and cases to which, the
provisions of this schedule apply, to the exclusion of any court in the State, and may appoint
suitable persons to be members of such village councils or presiding officers of such courts, and
may also appoint such officers as may be necessary for the administration of the laws made
under this schedule. The High Court shall have and exercise such jurisdiction over the suits and
cases to which the provision of this schedule apply as the Governor may from time to time by
order may specify.The Regional Councilor District Council as the case may be, may with the previous approval
of the Governor make rules regulating- the constitution of village councils and courts
and the powers to be exercised by them; the procedure to be followed by village councils, or
courts in the trial of suits and cases and also in appeals and other proceedings; the enforcement
of decisions and orders of such councils and courts; all other ancillary matters for the carrying
out of the provisions under this sixth schedule.
Conclusion
The District Council in the true sense of the term is the instrument by which it fulfils the
aspiration of the tribal people bringing all round development and welfare. The working of the
District Council and Regional Council in the State Meghalaya is quite satisfactory and praiseworthy
discharging its constitutional duty. It also needs to improve the working culture and
electing qualified and efficient people to the council who really want to work for the upliftment
of the tribal people. The District Council by virtue of Sixth Schedule can always make laws for
the promotion of tribal community in respect of the subject matter, including land, forest, market,
trade, custom and usage and it has full autonomy to legislate and administer on subjects
like, land revenue, primary education, customary laws etc.
There is a need to train the members of the District Council and more participation and
involvement of people is the need of the hour. It is important to note that a proper assessment
and timely review to the whole system] is reqired so that the purpose and objectives of the
establishment of the Autonomous District Council can be meaningful and serve the interests
and aspiration of the tribal people.
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