THE CHIEF MINISTER of Manipur N Biren Singh stated in the Assembly on March 4th, 2024, that the state government will consult and take appropriate steps for the implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967. This Act enables the abolition of hereditary chieftainship. Incidentally, chieftainship has been 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 the implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967. The objective of doing so is clearly for the 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 June 20th, 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.
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The state government should note that para 4 of the Order dated June 20th, 1972, lays down one of the functions of the Hill Areas Committee as follows:
“(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 the abolition of chieftainship, have been laid down in the Second Schedule under para (9) as follows:
“(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 June 20th, 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 follows 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 Hill Areas Committee 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 Manipur Governor Anusuiya Uikey under para 9 of the Order dated June 20th, 1972, in case the state government and the Speaker choose to ignore the HAC on this matter.
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The state government has rightly stated it will consult and take appropriate steps for the implementation of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967. Nevertheless, the mandatory requirement for the state government to refer the matter to HAC and obtain its recommendation is pointed out, without going into the merits or demerits for the abolition of hereditary chieftainship, with the hope that the HAC will not be bypassed 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.
Ngaranmi Shimray is an activist and political observer based in New Delhi. View are personal. Shimray2011@gmail.com. Feedback/comment @Aran Shimray on X
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