C.H. Vijayashankar, Governor of Meghalaya, approved the legislation that bars their participation in ADC elections by making possession of an ST (Scheduled Tribe) certificate mandatory for filing nominations. Chief Minister Conrad Sangma himself broke the news on social media, thanking the Governor for the decision. The NPP, of which Conrad Sangma is the President, did not waste the opportunity to claim this as a victory for the party. This is quite ironic, considering that before the issue escalated into violence, Conrad Sangma and some of his cabinet ministers did not show much enthusiasm for it, as attested by their public statements.
During the early stages of the demand, NPP leader and cabinet minister Timothy D. Shira had defended the participation of the non-indigenous population in the GHADC, arguing that this practice dated back to the early days of the inception of the ADC. This, he claimed, was due to the spirit of brotherhood that existed among leaders during the independence movement. He did admit that in the present context this may need to change, and the non-indigenous population may no longer be given the right to vote. On the other hand, Conrad Sangma was evasive about the issue, terming it a "very complex problem… it has got multiple complications, connotations, and impacts at all levels." So, while the party and the government may term this a significant achievement, it is more accurate to acknowledge that they were forced to accede to the demand due to immense pressure from various pressure groups and political parties, especially the BJP, Congress, and the TMC, particularly leaders like Bernard Marak and Mukul Sangma. However, while hesitant in the beginning, it must also be acknowledged that Conrad Sangma was instrumental in getting the amendment passed by the Governor to bar the participation of the non-indigenous population in GHADC elections.
The Governor is more accurately described as a representative of the Union Government, and anything they do has immense legal and constitutional implications. Their role has come into sharper focus in recent times, when the actions of some Governors have come into direct conflict with their respective state governments. A very good example of this was R.N. Ravi, the former Governor of Tamil Nadu, who declined to pass the NEET Bill passed by the legislative assembly, claiming that it meant the "Bill is dead" (an argument later refuted by the Supreme Court), and also refused to re-induct K. Ponmudy into the cabinet after the Supreme Court had suspended his conviction in a corruption case, attracting the ire of the Chief Justice of India for defying the top court. It is difficult to imagine that all of this, done to humiliate the DMK-led government, was not at the behest of, or tacitly encouraged by, the BJP-led NDA government at the Centre. Now, on the eve of the very important West Bengal elections, he has been appointed Governor of the state, giving rise to speculation that his role will be highly critical in determining the final outcome. As the elections draw near, we can expect conflict between the TMC-led state government and the Governor very soon. It is in this context that C.H. Vijayashankar's assent to the amended rules barring the non-indigenous population from contesting elections in the GHADC has to be understood.
C.H. Vijayashankar would likely not have given his assent unless he was assured by the Union Government that his decision was legally and constitutionally tenable, or that he would be supported if it were challenged. Some form of support does appear to exist, as seen from the fact that in a press conference, senior BJP MP Ravishankar Prasad alleged that the unrest in Garo Hills was caused by infiltrators (i.e., illegal immigrants). He also claimed that while only certified Adivasis (meaning indigenous people) are allowed to contest, infiltrators marry local women to obtain false certificates to contest and win elections in the GHADC. This, he argued, alters the demographic balance of the region and directly affects the land, political rights, and representation of indigenous tribal communities. The BJP, under Bernard Marak, was in fact among the first to demand that the non-indigenous population be barred from taking part in GHADC elections. It is difficult to believe that the central party leadership is unaware of what local units are demanding, especially since any change in political participation in Sixth Schedule areas will have far-reaching implications beyond Garo Hills.
Before the amended rules were cleared by the Governor, Conrad Sangma had met him, and it is likely that he impressed upon him the need to approve the legislation. This appears to have worked, as the BJP would have realized that its chances of forming a government in the state are negligible for the foreseeable future. The best it can hope for is an alliance with other parties, and the NPP is the most viable partner. Congress and the TMC are political rivals at the national level, while the UDP is a Khasi-centric party. The same can be said of the VPP, which, despite trying to broaden its appeal, draws much of its support from Khasi voters across Khasi and Jaintia Hills through its Jaidbynriew politics, making alignment with the BJP's Hindutva politics difficult (for example, the Vande Mataram controversy). It also appears that Conrad Sangma has good personal relations with national leaders, which helps in securing political favors, such as favorable financial allocations. However, despite these relations, some popular demands, such as the introduction of the ILP and inclusion of Khasi and Garo in the Eighth Schedule, do not seem to have progressed, suggesting that this relationship has its limits. In this case, however, it is likely that before approaching the Governor, he consulted senior BJP leaders and secured assurances of support for passing the legislation. This is critical because the amendment in Meghalaya will have implications in Assam as well, where the BJP is currently in power and hopes to return for a third term.
Indigenous communities in Karbi Anglong and Dima Hasao are already following developments in Meghalaya with great interest. In a recent election rally in Maibang, Dima Hasao, Conrad Sangma spoke about stopping the slow dilution of the Sixth Schedule in the name of development. Former Congress leader Daniel Langthasa, who recently joined the NPP, is contesting from the Haflong constituency. He was also the convener of the Sixth Schedule Protection Committee. In Karbi Anglong, there have been demands for the eviction of immigrants from North India who are illegally occupying land in Sixth Schedule areas. These immigrants are also contesting ADC elections and currently have one representative in the KAAC. There is, therefore, significant interest among indigenous communities in these territories regarding the amendment barring non-indigenous participation in ADC elections. Once the GHADC elections are held and new legislators are sworn in, the legality of the amendment will likely be confirmed. Indigenous communities in Karbi Anglong, Dima Hasao, and possibly Bodoland may then demand similar measures in their regions. In fact, the NPP could use this issue to make inroads into indigenous territories in Assam by promising similar policies if given control of the respective ADCs.
Regarding Bodoland, the situation may be more complicated because the tripartite agreement between the Union Government of India, the Assam Government, and the Bodo Liberation Tigers Force provides for dedicated seats for non-indigenous populations. Still, for some emerging Bodo politicians, this could become a significant issue aiding their political rise. In fact, indigenous individuals from these territories could approach the courts, citing the GHADC precedent-and potentially future precedents in the KHADC and JHADC-to argue that non-indigenous populations should be barred from contesting ADC elections. What will be interesting to see is the reaction of the BJP government if it returns to power. In Garo Hills, the non-indigenous population in question is largely Bengali Muslim, but in Assam it could include Bengali Hindus, North Indian settlers, and other non-Muslim groups who form part of their voter base. Also, will an upper-caste Chief Minister (with genetic and historical connections to North India), rather than a Saikia, Bordoloi, Borphukan, or Borgohain, support such measures? It will be interesting to see. Conrad Sangma was correct in describing the issue of non-indigenous participation in ADCs as having "multiple complications, connotations, and impacts at all levels." We will soon find out how accurate that assessment was.
(The views expressed in the article are those of the author and do not reflect in any way his affiliation to any organisation or institution)