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The hill areas of Assam are the Garo hills, the United Khasi and Jaintia Hills, the United Mikir and North Cachar Hills and the Mizo Hills. According to the background note and the press state- ment of the Government of India, the Law that is proposed to ba enacted is for the constitution of an autonomous State consisting of the Garo Hills and the United Khasi and Jaintia Hills. It is left to the United Mikir and North Cachar hills to join the autonomous State at any later stage. The Mizo Hills are not brought into the autonomous State at all. In this view of things the larger demand for the formation of a State for the hills peoples of Assam loses all its content and meaning. In case the United Mikir and North Cachar Hills go into the autonomous State, the Mizo Hills area which in in the State of Assam will be separated from the other part of the State of Assam by an enclave of the autonomous State of Assam consisting of United Mikir and North Cachar Hills areas in the middle. The Mizo Hills are kept separate and not to be included in the autonomous State probably because of the serious nature of the Law and Ortier situation there. This enclave of the autonomous State is bound to create administrative problems and difficulties for the Assam State Government in the Mizo Hills area.

The District Councils constituted under Schedule VI of the Consti- tution are to be continued. The dual administration oJi the areas within Shillong Cantonment is also to be continued. A portion of Shillong Cantonment would be within the adminifltrative control of the Cantonment administration, the District Council Administra- tion, the State Government Administration and the Administration of the autonomous State. It Is rather an unhappy state of affairs propoMd for the capital of tht State.

No doubt thi" Constitution Amendment Bill is only an enabling meaiure, and the Law that is to be passed hereafter would be the mibatantial legislation. Even then, since this Bill is going to be passed with a definite purpose, it ought to have been made possible for the Select Committee to hold sittings within the state of Assam itself. It would have been possible for the members of the Select Committee to know the pulse of Assam In better measure. It has often been stated on behalf of Government in the course of the Select Committee proceedings that the legislation Is being pursued on account of the consensus in Assam. It may be that the Assam Hills Peoples Leaders Conference has tentatively agreed to some of these suggestions. But the Select Committee have received memoranda from the Hill State Peoples Democratic Party. We have also re- ceived various telegrams from different individuals and Associations within Assam. I do not want to enumerate all of them. The State Government of Assam itself brought forward amendments to this Bill, and a mere reference to the evidence of the Chief Secretary antl the Advocate General to the Government of Assam would show that with what an amount of suspicion and doubt regarding the details of the Law to be enacted hereafter, the Assam State Govern- ment Itself ia looking at this Bill. The amendments proposed by the As"am State Government have not been accepted by the Select Commute*.

I register my voice of dissent against the Bill as it has come out now but with some verbal or minor amendments. The Bill will be one more step definitely backward in the matter of national and emotional integration. The Bill paves the way for the advancement of fissi- paroua tendencies elsewhere in the country also.

Naw DILHI; K. CHANDRASEKHARAN.

March S, 19flft

n

The Constitution (Twenty-second) Amendment Bill, when adop-

ted, is going to be the basis for the Reorganisation of the State of Assam, as envisaged in the 11th September declaration of the Gov- ernment of India. Though another Bill is coming up before the Parliament at a later stage for the actual reorganisation of the State and it is being said by those at the helm of affairs that there will be enough scope at that time to discuss in detail the pros and cons of the proposed reorganisation, I am afraid, the Bill in its present form shall l e aw little opportunity for the same. This Bill only envisages a sub-State consisting of the Khasi-Jaintia and Garo Hills within the State of Assam. As such, the scope of the Bill is very limited and does not create any ground for solving the entire pro- blem of the hill areas of Assam. I would like to make it clear that the Samyukta Socialist Party (Assam) had all along been deman- ding solution of the problem of the Hill areas of Assam keeping in view the economic and so'cio-political set-up of the North Eastern Region as a whole. The S. S. P. (Assam) a? such was not a party to the so-called concensus arrived at by the Union Govt, the Govern- ment of Assam and the APHLC over the 11th September declara- tion nor to the idea of giving it a 'fair trial' as propagated by certain other elements in Assam out of despair and helplessness.

The Proposed reorganisation as outlined in the 11th September declaration has satisfied nobody in Assam, neither the hills people nor the people of the plains; both of the Brahmaputra and the Surama Valley. Even in Khasi-Jaintia and Garo Hills, for which the sub-state has been proposed, many neople whatever be their number now feel let down bv the APHLC leadership and have formed the Hill State People's Democratic Party to further carry on their struggle for a separate Hills State. The demand for auto- nomy for the Plains Tribala and the Rajbanshis mostly in the Goalpara District has now been jointly taken up by the three Dis- trict (Sub Divisional) Conffrew Committees of Goalpara, Dhubrl and Kokraihar. Section* of certain backward Committees like the Ahoms and the Muttocks in the Districts of Sibsapar and Lakhimpur in Upper Assam have also been demanding autonomy for the areas Dredonainated by them. The Mikir Hills District Council in a memorandum submitted some time back to the Government of India, said. " we deem it fair that similar status and adminis- trative arrangements proposed for the Khasi-Jaintia and Garo Hills as appear in the latest proposal be extended to Mikir and North Cachar Hills. It is more a question of recognising distinct political entity of our tribes, and is not a mere question of joining or not joining the proposed state of M"fhalaya," Certain elements* ix the

Garo Hills also plead for the recognition of their 'distinct political entity'. The people of Cachar District are also perturbed about their future set up, if North Cachar and Mikir Hills at a later staate opt to join the proposed sub-State.

It is now clear that the present Bill falls far short of preparing the ground for a real solution of the problem of political and adminis- trative realinement of the North Eastern Region as a whole. The S.S.P. (Assam) Is of opinion that "(1) The scheme of reorganisation should be taken up in two stages, namely (a) the extension of demo- cratic rights to the people and decentralisation of State powers to the different district units, both bills and plains in Assam, as also NEFA, (b) establishment of a new integrated political set up com- prising the present States of Assam, Nagaland, Manipur, Tripura and NEFA-

(2) Any scheme of reorganisation must be based on the princi- ple' of a four pillar state, namely, the State standing on the four pillars of the centre, the State, the District and the village or town."

Under such circumstances, if the Bill in its present form ia enact- ed the problem of Assam's Reorganisation is not going to be solved, many complications leading to bureaucratic red-tapism shall arise; agitation for autonomy by the people of other hills as well as the backward people of the plains shall continue; the most sensitive North Eastern Region as a whole will never see peace and real in- tegration. So I am opposed to trie Bill as such.

NEW DELHI; GOLAP BARBORA.

March 5, 1969.

m

I am unable to agree to the retention of clause (3) of Section 2 of the Bill.

The normal parliamentary practice is that any Bill, except a Bill to amend the Constitution, is passed by a simple majority of mem- bers present and voting. Clause (4) of Section 2 of the Bill provides for this. Under this clause the Reorganisation Bill will be passed by a simple majority of members present and voting. But clause (3) referred to above provides that an amendment of certain provisions of the Reorganisation Law will have to be passed by a vote of two- thirds of the members present and voting. This is an anomalous position and it restricts the freedom and usual privilege of Parlia- ment- Moreover, the scheme of an Autonomous State is a new con- cept in the political set-up of the country and can work successfully only if rigidity is eschewed and sufficient flexibility is provided for future adjustments and reciprocal cooperation between the two states, the Assam State and the Autonomous State. Clause (3) r>f Section 2 will greatly hamper, or even defeat, this purpose.

NEW DEWII; O. G. SWEt-L-

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IV

Before we took up the business of Joint Committee on the Consti- tution (Twenty-second Amendment) Bill, 1968, there had been so many deliberations, discussions and consultations. Besides, there were so many committees and commissions in connection with the formation of autonomous state within Assam, such as SRC report, Mehta Commission anu Patasker Commission etc. It is the over all national consensus that the weaker section i.e. the tribal people be given a fair deal to grow according to their genius and tradition. Their hopes and aspirations should be fulfilled. I associated myself with this view. But I apprehend that we are going to set up prece- dence for the demand and creation of so many States within Indian Union and thus make mincemeat and vivisection of our Indian Union. There are such movements in the offing. In Uttar Pradesh the biggest State of India, which has ever since returned three Prime Ministers of India, there is a demand for the formation of a tribal province within U.P., consisting of eight districts. Not only that, there is also underground movement for the bifurcation of the biggest province in India, The Sikhs wanting a home land of their own. T*unjftb was divided due to creation of Hindustan and Pakistan. Again East Punjab was bifurcated into Punjab and Haryana. The tribal people want a separate district within Haryana. In the far North in West Bengal the hill tribes want Darjeeling to be declared a tribal district, whereas in the far South the Muslims of Kerala want Calicut to be declared as a separate Muslim district. Telan- gana people want a separate statehood. Vidarbha is rumbling. There is the demand for a Jharkhand Pradesh for the hill people whose number is about 148 lakhs. We created Nagaland with 3i lakhs of population. So there should be rethinking and reconsideration on the formation of separate states or sub-states on the grounds and con- sideration of political, social, strategical, cultural, tribal, economical or any other points of view. All these breed suspicion and pose un- rest to the security and integrity of the nation.

From these points of view I make my minute of dissent to thl* Bill.

NEW DELHI; DEBANANDA AMAT.

March. 10, 1969.

V

The decision to re-organise the present State of Assam, as de- manded by the APHLC, an organisation of leaders founded in 1960, Is based on erroneous principles and sentimental rigmaroles- What can be the idea behind this demand for disintegration? (i) If it is •o-called linguistic exploitation of the Hills people by the Brahmaputra Valley people, then even a cursory glance into the provisions of the Assam Official Language Bill of 1960 will convince one of how false and fake this slogan of linguistic exploitation is. There is no attempt in any of the provisions of the Assam Language Act towards imposi- tion of Assamese on the people of the Hills, (ii) If the demand is based on the slogan of so-called economic exploitation of the Hills people by plains people, then this theory is exploded by the Patasker

Commission Report with facts, figures and statistic*. We must not iurget tnat the Indian Income-tax Act does not extend to the hills areas oi Assam. And who is reaping the benefit out of it? Is it the people in tne masses or their leaders who matte available the permits and licences they obtain to tne non-triDal business-men in the Hills7 These business-men are exempt from paying the income-tax accru- ing out of the earnings on these permits and licences that are in the name oi the Hills leaders. Now, who has exploited whom7

The seed ol disintegration is inherent in this proposal to re-orga- nise the present State oi Assam- These disruptive force* havo emer- ged not only witnin Assam, but also elsewnere in the country. If tor the sake oi re-organisation a separate State or sub-State 1* con- ceded to a people numbering only 13,15,149 (Census Report, 1961), how could a similar political status be denied to 42 lakhs of tribal people in Orissa or a similar number in Bihar? The same problem wiil arise with respect to some other States of India, including West Bengal where the percentage oi tribal people ia larger than that of Assam.

Apart from these basic facts that are bound to disrupt our national life this Constitution (Twenty-second Amendment) Bill, 1068 is fraugnt with dangerous possibilities as also a naked attempt to vio- late the Constitution and bypass the legitimate aspirations of the State oi Assam ior composite living and concerted thinking. Article 368 of the Constitution makes certain things obligatory. This pro- posed Bill seeks to bypass and do away with this obligatory provision of the Constitution. Not to speak of ratification by a majority of States as provided in Article 368 of the Constitution, even the State of Assam whose interests are vitally connected with any proposal to re-organise the State is sought to be bypassed in this Bill. It can be clever political manipulation, but it is not right statesmanship. Should the Parliament bypass Article 368 of the Constitution? The Parliament, an embodiment of justice and fairplay, must not give encouragement to such a hazardous proposition.

The Bill, as framed and constituted, is bound to give rise to a host of administrative problems so far as the State is concerned. Unfortunately, this proposition enshrines the idea of a Federation within a Federation which is India. If there can be a Federation within a Federation for the strategic area of Assam, then why not a similar thing for other parts of India? Or Is Assam to be made a laboratory for all sorts of experiments? Why ia this double think- ing?

NEW DELHI;

HEM BARXTA

March 10, 1969. PRAKASH VIR SHASTRI

VI

This is a bill which is of great significance. This intends to amend the Constitution of India for the 22nd time, so as to enable to bring In a sub-State for the Hills People of Assam.

Thin measure aims at constituting what is known as an "Autono- mous Stats" within the State of Assam, which Is absolutely a new concept. We have m our Constitution States with equal powers and certain units administered by Centre direct But we have no State at present known as 'Autonomous State' within a State. The argu- ment put forward by the Home Minister is that the provision of this 'Autonomous State' is to satisfy the desires of the Hills People of Assam to have a State, so as to enable them to develop equally with other people having the administrative machinery in their own hands. There was a long and continued agitation for a separate State by the Hills People of Assam. The Government of Indi* agreed With the representatives of the Hills People, that their desires would be met satisfactorily. But unfortunately to them the present measure Is not in any way meeting with their demands inasmuch as this intends to create only a Sub-State instead of a separate State.

In Part X of the Conatitution, after Articla 244, a new Article 244A la introduced giving powers to th* Parliament to create a 'Sub- State' within tha State of Assam by partly nominating and partly electing a legislature and to empower it to have the powers to make 3AWS for that Sub-State, to define matters with respect to which the •xteutive power of the "Autonomous State" shall extend and to pro- Tide that a portion of any tax levied by the State of Assam shall be assigned to this 'Autonomous State' etc. This clearly shows that the functions and the powers of the Autonomous State of Assam are limited to the extent to which the Assam State legislature agrees to and not beyond that.

The present amendment of the Constitution limits the scope and functions of the Autonomous State and therefore I call it a 'Sub- State'. I objected to this approach to this question fundamentally. I moved an amendment in the Select Committee to grant a full and equal state for the Hills People of Assam, separate from the Assam State. This was not agreed to by the Committee. I still hold that there is no use in granting this sub-state which will not satisfy the Hills People and will only create further complications and uneasi- ness. When once the Government of India agrees that the Hills People should have equal opportunities for their own developments, it is only fair that they are given full Statehood rather than giving a sub-state and create further suspicion in their minds.

Under the circumstances I wish that the Government would at least bring in suitable amendments in the Parliament so as to rectify this defect in the present measure and grant to the Hills People of Assam a full and separate State.

Further, this Amendment Bill also provides in sub-clause (3) of Section 2 that any further amendments to the legislation that the Parliament may pass for creating this sub-state should have a majo- rity of not less than two-thirds of the members present and voting. This provision does not stand to reason. If the Parliament can pass a legislation to create an 'Autonomous State' with a simple majority how could It lose the right to pass an amendment to that legislation In the wme manner? To extend it to a "Two-Thirds majority" for

tuture amendments looks absurd. I objected to this provision as well along with many others, but the Committee did not agree with us. However, 1 feel that this provision also should be amended by the Parliament to make it one of a 'simple majority'. When this point was brought to the notice of the Attorney General, while examining him, he opined that the Parliament has right to fix whatever sort of majority it requires and there is no legal impediment. However, I do not object to this on legal grounds only but on reasoning and pro- priety too. The arguments that easy and repeated amendments, if brought to such a legislation, could jeopardise the equilibrium that is likely to achieve at present, cannot hold water for the purpose of limiting the powers of Parliament in such an unreasonable manner. This matter warrants a thorough rethinking more so to allay the fears of the Hills People that they are not equally treated. They should not be made to feel that a premium is put on their further aspirations.

NJW pEUtt; K. ANANDA NAMBIAR Marsh 10, 1968.

vn

In considering the Bill, I am constrained to say that 1 am vat* happy over the carving out "of autonomous units" out of the bill areas specified under clause 2 of the BILL I am conscious of the fact that the Constitution Amendment Bill is the result of a con- sensus among the concerned parties about the need for reorganisa- tion of the State of Assam on the lines outlined in the BilL I would not like to do anything which would come in the way of agreed solutions. But agreed solutions must not contain the germs of future trouble and confusion. We have always been thinking of the development of India as a united Federal Republic consisting of strong States, rooted in attachment to the Federal principle but the parcelling out of hill areas into autonomous units is fraught with serious dangers to Indian units and will strengthen ftssiparous ten- dencies in the country. This Assam experiment will have wide- spread repercussions and it would be difficult to resist in future demands for separate statehood for Vidarbha and Telengana. What we are witnessing today is the dismantling of the fabric of a united India. I feel it my duty to express my deep misgivings about the wisdom of step which is now being taken in this Bill as in my opinion this Bill will create more problems than it seeks to solve.

NEW DELHI; A. D. MANI MaTch 10. 1966.

vxn

The founding fathers of the Indian Constitution provided a distinct pattern of administration for the tribal people of Assam within the overall unity of that strategic and sensitive part of India.

The list of tribal areas and the pattern of the administration en- visaged for them has been given in detail in Schedule VI of the Constitution, A distinction has been drawn in it between the tribal areas of NEFA and ASSAM. The pattern given mainly deals with the tribal areas of Assam.

The idea behind distinct and separate pattern for tribal areas which were sought to be governed by autonomous district councils was to safeguard their distinct social and economic structure and provide full scope for the fulfilment of their local and evtn parochial aspirations.

Even before this scheme could be given a fair trial, certain ele- ments in Naga hills under inspiration of foreign missionaries began to demand scrapping of the system and its replacement by full fledged statehood. Some extremist sections began to demand com- plete separation from India. The Government of India failed to deal with the recalcitrant elements effectively and decided to appease tJjpm by the creation of the state of Nagaland with a population of less than four lakhs.

It was then clear to all thinking people that the example of Nagaland will encourage such separatist demands in other hill areas also sooner or later. The warning was given in clear terms in the Parliament by a Member of leading members of the Jan a Sangh.

The developments in Mizo hills, and the demand for separate statehood by Assam Hill People Conference for other Tribal areas is the logical sequel to the policy of the Government of India re- garding Nagaland.

It was then suggested by the Jana Sangh that the whole prob- lem of the hill areas of Assam and their relationship with Assam plains should be studied de-novo in the context of real or imagi- ned fears and aspirations of the Tribal people, their mistrust of Assam Government and the needs and compulsions of overall se- curity and integrity of the country.

The coming into existence of Pindi-Peking axis and their hostile designs for the dis-membennent of Assam and its incorporation in China and Pakistan added new dimensions to the problem. It made the Jana Sangh suggestion for the appointment of a defence-orien- ted high power commission to go into the question of reorganisation of the entire Eastern Region including the valley of Assam, the hill areas of Assam, Manipur, Tripura, Nagaland and NEFA, all the more relevant and urgent. But instead of doing that the Govern- ment of India and Government of Assam continued to tinker with the problem purely from partisan point of view. The conflicting and contradictory pronouncements by the Spokesmen of the Government of India on the eve of 1967 elections created new hopes and fears In different sections of Assam people and created an explosive situa- tion an inkling of which was given by the happenings In Gouhatl in January, 1968.

The present Constitution Amendment Bill seeks to create an autonomous sub-State consisting of the Khasi, Jaintia and Garo hills within the state of Assam. It is suggested that it will satisfy the aspirations of the hill people without destroying the overall unity of the State of Assam. Garo Hills arc to be included in the new 9W* but North Lachar and Mikir hills ar 314 THE GAZETTE OF INDIA BXTRAOEDINAJtY [PAIT II

have been given option to continue their present autonomous dis- trict status within t he state of Assam or join t he n ew hill State in course of t i me according to their will.

The main snag in this scheme is that it aims at a piecemeal and half-hearted solution of t he problem and therefore, will t e nd to com- plicate and aggravate the problem instead of solving it. Already there are representations from vocal sections of t he Khasl a nd Jaintia hill that they w a nt full fledged statehood and not t he sub- state as envisage in this hill. A n u m b er of representations from Garo Hills w a nt its present status as autonomous district to be con- tinued or at least to h a ve option to opt out of t he proposed hill state if they so decide in future. There are others who have demanded full fledged statehood for each hill district on t he pattern of Naga- land. The non-Tribal minorities like the Gorkhas, the Plain people and others have been scared by the schema and have deman- ded safeguards for them. Even t he A.H.P.L.C. have accepted t he scheme with mental reservation. Thev have not reconciled them- selves to law and order remaining with Assam State.

It Is thus clear t h at the p a t t e rn envisaged in this bill will not settle the Assam problem but will create a dangerous precedent It will further widen the flood gates of disruption opened by t he creation of the state of Nagaland.

We fully sympathise with the genuine aspiration of our compat- riots of t he hill areas and w a nt to remove any sense of grievance they may have. But we are definitely opposed to the policy of piecemeal solutions which amounts to tinkering with t he problem to b uy peace for the time being. It is no poliV^ nnr¹ ;*. smwrks nf a recklessness born out of "after me the delude" approach to t he national problems. —'v—r

We, therefore, reiterate that the problem of reorganisation of t he whole of eastern region should be tackier) together after having the matter thoroughly enquired into bv a high powered defence- oriented commission. We are convinced that so long as t he present policv regarding Nacaiand continues, it will continue to have a contagious effect on other hill areas of Assam and "NTEFA. We are also convinced that t he pattern in the border re?ir>r\s h as to be somewhat diffe^^nt from the rest of t hr rountry, It would be wrong to expect absolute normalcy in the border areas t a n k ed by the hostile countries like Pakistan and China. Because of this, It does not mean that the Central Government should go on abdicating Its powers and responsibilities in such areas. As thintrs are, the centre has a special position in regard to border areas. Tt has to shoulder jfreater economic responsibility for their rapid economic growth and also for their internal and external security. The concept of union territories was evolved with an eye on such areas. Tt is, therefore, imperative that instead of giving full statehood to small areas like Nagaland or huddling different Tribal areas together as is •rnvisa.eed in this bill for Khasl. Jaintia and Garo hills, t he autono- mous status of each hill district should be further strengthened bv treating each of them as a Union Territory. AH these Union terri- tories together with the state of Assam should have a common

Governor assisted by a number of Commissioners lor different terri- tories, a Common High Court, a common Civil Service and a com- mon Police Cadre. A pattern on these lines can surely be evolved after a thorough examination of the whole problem by the commis- sion suggested above. Such a pattern can fully satisfy aspirations of each tribal area and people and at the same time safeguard the wider interests of the country as a whole.

In view of what is stated above we are unable to agree with the report of Joint Select Committee on the Constitution (22nd. Amend- ment) Bill.

NEW DELHI; ATAL BIHARI VAJPAYEE. March 10, 1969. OM PRAKASH TYAGL PITAMBER DAS. BALRAJ MADHOK.

EX

I have gone through the report of the Joint Committee. The recommendations in the report as they are, seem to have only one sided view and opinion without being able to have correct and im- partial assessment of the desire and wishes of the people who are inhabiting each of the Autonomous Hill Districts of Assam. The evidence given by the Union Home Secretary before the Joint Com- mittee on the 12th February, 1969 basing on the reports received from various sources, as he stated, appears also to be one-sided and partial to the wishes and desires of the leaders of the All Party Hill Leaders Conference. This evidence totally ignored the views and opinions of other organisations which represent the masses and vari- ous communities living in each of the Autonomous Hill Districts of Assam. Neither it could make correct assessment of the outlook and mentality of each of the tribes living in these Autonomous Hill Districts of Assam. In the meantime, it did not try to go deeper Into the matters whether by tagging or amalgamating only two districts of Garo Hills and united Khasi and Jaintia Hills will bring permanent solution of the present problem. It appears from the evidence given by the Home Secretary that in the political aspira- tions of the. Leaders of APHLC who are mostly from the Districts "f Garo Hills and United Khasi and Jaintia Hills can be made satis- fled by amalgamating these two districts, the people in these dis- tricts can also be made satisfied because they are ignorant and not conscious of what will happen to their existence if these two dis- tricts are put together to have one separate autonomous administra- tive unit even within the Stato of Assam.

Tt is known to the Home Secretary that there are autonomous districts councils in these districts which are being run by the Leaders of the APHLC from the inception of these Councils till today. These Districts Councils should have been thoroughly examined before the Home Ministry decided to finalise the matter of giving autonomous Hill State whether the Administrators (Lead- ers of APHLC) in these two district Councils were and are actually

trying their best for the welfare and development of their respec- tive people and areas, or, they were and are holding the district Council administration only to exploit and suppress their own Ignor- ant and innocent simple people for their own power and glory. If there would have been such thorough enquiry and examination under the relevant provision of the Sixth schedule to the Constitu- tion (paragraph 14), a clear picture oi these district Council admin- istrations could have been revealed to those who have no chance or opportunity as to know the things in detail of these administrations. If this would have been done, then the Hon'ble members of the Committee and of both Houses of Parliament would have astound- ed to know whether the allegations put forward by the APHLC Leaders against others (Assam Congress, Assam Government and Assam people) were justified or not.

Now, coming to the main point why I am to disagree with the idea of giving only one Autonomous Hill State within the State of Assam comprising the areas of two Hill Districts of Garo Hills and United Khasi and Jaintia Hills is that this kind of arrange- ment by tagging two districts together will not bring a permanent and peaceful solution. If these two districts are to be amalgamated together, there will be constant quarrel and conflict more particu- larly between these two main tribes, namely, the Garos and the Khasis on various matters and for various reasons which are stated briefly hereunder.

The population of the Garo Hills District is only 3.07,228 where- as that of the United Khasi and Jaintia Hi'ls is 4,62,152 according to 1961 census figure. That is, Garo Hills is much smaller in popu- lation as well as in area than United Khasi and Jaintia Hills. Garos are different from the Khasis and Jaintias in their ethnica] origin as they differ from Assamese or Bengalese and other Communities in all other States in the Country.

Therefore, the Garos are quite different from the Khasis and Jaintias in language, customs, usages, culture and traditions, etc. Moreover, right of inheritance and the system of holding lands in the hill areas of these two districts are very much different from each other. Taxations on lands and other matters are more, and much heavier in Garo Hills whereas much less in Khasi Hills

Over and above these, people in Khasi Hills are far more ad- vanced in all respects than the people in Garo Hills, and United Mikir and North Cachar Hills districts,—in education, in holding services in the Government (State and Central), in technical edu- cations, in local industries, in business and in economic condition. It can be said without any doubt that Khasis are much more ad- vanced even than the major communities living in the Plain Dis- tricts of Assam. So, under such circumstances, If the districts of Garo Hills and United Khasi and Jaintia Hills are to be tagged together to form and create one Autonomlous State, it will be no better than asking a donkey and a horse to run a race, or, a dwarf and a giant to wrestle. That is, in other words, the Garos will automatically be under constant domination and exploitation by

their fellow tribal s, the Khasis. So, the ultimate consequence of amalgamating the districts of Garo Hills and United Khasi and Jaintia Hills will be resulting in constant quarrels, conflict and hatred in various matters between these two tribes. It can be pointed out in this connection why the Jaintia had to demand for a separate District Council for their own area, the Jaintia Hill, bifurcating from the District Council at Shillong which they had together with the Khasis till 1966. Jaintias and Khasis are of the same ethnical origin and speak the same language and use the same Khasi literature. Even then, the Jaintias could not live together with the Khasis under the same administration of one District Coun- cil for the same reasons which are enumerated above. Tt can also be further pointed out that why the district councils of Garo Hills and Khasi Hills did not join together to form and create one District Council antl one autonomous district during these long seventeen years although there is a specific provision for doing so under clause (f) of sub-paragraph (3) of Paragraph 1 of the Sixth Schedule to the Constitution. On the contrary, as stated above, the Jaintias ran nway from: the Khasis and constituted their own Di.Mrir/t Council at " ' Jowai in 1967.

Therefore, under all such circumstances it will be wiser and mbre advisable to give an Autonomous State to each of the exist- ing Autonomous Hill Districts of Assam so that pach of them can peacefullv live and develop themselves free from domination and exploitation by the bigger and stronger tribe. Only this will be the lasting and peaceful solution to satisfv various aspirations in- cluding political aspirations of the Hill tribes living in each of the Assam Autonomous Hill Districts.

If this suggestion is accepted, even the people of Mizo Hills Dis- trict will be happv to have their own Autonomous Mizoram State. The people of United TVTikir and North Cachar HIT'S district have already placed their desire and willingness to the Central Govern- ment to give them! an Autonomous Hill State for their own are-n separatelv. Similarly, the Garo Hills District Congress Committee has alreadv communicated to the Central Government to give Autonomous Hill State to each of the Autonomous Hill Districts of Assam stating that this will be the only lasting and peaceful solu- tion of the problem which is confronting the State of Assam!.

As a man of the district of Garo Hills and having adequate knowledge of all the areas of Hills and Plains in Assam, I have a full confidence in my own views and opinion that while reorganis- ing the administrative set up in Assam as announced by the Gov- ernment of India on the Uth September, 1968, the problem of Assam, which Hon'ble members are anxious to solve as earliest as possible, can be solved in a lasting and peaceful manner if an Auto- nomous Hill State is given to each of tho existing Autonomous HiU Districts.

Since the report of the Joint Committee appointed for the pur-

pose indicates only 1o give nw Autonomous? TTill State comprising

the Districts of Garo Hills, and United Khasi and Jaintia Hills giv- ing option to United Mikir and North Cachar Hills District either to join it, or, to remain with Assam, and nothing is mentioned about Mizo Hills, I cannot agree with the report of the Joint Committee.

I, therefore, sincerely request the Hon'ble members of both the Houses of Parliament to have a serious view on my points while considering the report of the Joint Committee.

NEW DELHK

March 11, 196& E. M. SANGMA.

BUI No. 113-Bof I96S

TUE CONSTITUTION (TWENTY-SECOND AMENDMENT) BILL, 1968

( As REPORTED BY THE JOINT COMMITTEE)

{Words underlined indicate the amendments suggested by the Committee)

A

BILL

further to amend the Constitution of India.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows:— " " ^ ^ ~"

1. This Act may be called the Constitution (Twenty-second Amend- Short title.

ment) Act, 1969.

S

2. In Part X of the Constitution, after article 244, the following arti-

cle shall be inserted, namely:—

Insertion of new article 244A.

10

**244A. (1) Notwithstanding anything in this Constitution, Par- liament may, by law, form within the State of Assam an autono- mous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part A of the table appended to paragraph 20 of the Sixth Schedule and create therefor—

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

Formation of an autono- mous State compris- ing cer- tain tri- bal areas In Assam

(b) a Council of Ministers,

or both with such constitution, powers and functions, jn each case, as may be specified m the law.

(2) Any such law as is referred to in clause (1) may, in parti- •nd crea- tion of local Le- gislature or Council of Minis- ters or both tkerefor.

cular,—

5

(a) specify the matters enumerated in the State List or t he Concurrent List with respect to which the Legislature of the autonomous State Khali have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam¹ or otherwise;

(b) define the matters with respect to which the executive power of the autonomous State shall extend;

10 (r) provide that any tax levied by the State of Assam shall be assigned to t he autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

(e) make such supplemental, incidental and consequential provisions as may be deemed necessary.

20 (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amend- ment is passed in each House of Parliament by not less than two- thirds of the members present and voting.

(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which nmendw or has the effect of nmrndinc* this Constitution.".

3 Tn article 275 of thp Constitution, after CUUSP (1), thp following clause shall be Inserted, namely: —

Amend, mant of article 275.

"(1A) On and from the formation of the autonomous State under article 244A,—

33 (?) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, he paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, he apportioned between the State of Assam and the auto- nomous State us the Previdenl may, by order, specify.'

40 (ii) there shall be paid out of the Consolidated Fund of India as srrants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent (o the costs of such schemes of development as may he undertaken by the autonomous State with

the approval of the Government of India for the purpose of rais ing the level of administration of that State to that of the admin istration of the rest of the State of Assam.".

4. After article 371A of the Constitution, the following article shall be

inserted, namely:—

5

Insertion of new article 371B.

10

Special provision with res. pect to State of Assam.

"371B. Notwithstanding anything in this Constitution, the Pre- sident may, by order made with respect to the State of Assam, pro- vide for the constitution and functions of a committee of the Legis- lative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part A of the table append- ed to paragraph 20 of the Sixth Schedule and such number of othei members of that Assembly as nuay be specified in the order and for the modifications to be made in the rules of procedure of that Assem- bly for the constitution and proper functioning of such committee."..

S. L. SHAKDHER,

Secretary.

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