Meghalaya Govt Reaffirms Commitment to Empower Autonomous District Councils Amid Push for 125th Constitutional Amendment

SHILLONG, SEP 11: Deputy Chief Minister in-charge District Council Affairs (DCA) Prestone Tynsong has assured that the state government is committed to empowering the three autonomous district councils (ADCs) and has been following up with the Government of India for the passage of the 125th Constitutional Amendment Bill. 

“The Chief Minister has on a number of occasions met the Union Home Minister requesting for the early passage of the Constitution (125th Amendment) Bill, 2019,” Tynsong said while replying to resolution moved by the leader of opposition Mukul Sangma in the Assembly on Thursday for  urging the Government of India to amend Article 280 of the Constitution to empower the Union Finance Commission to recommend measures to augment the Consolidated Fund of the state to supplement the resources of the (ADCs).

Tynsong also assured that the state government is committed to fulfilling its constitutional mandate to operationalize the State Finance Commission once the amendment comes into force.

“In this regard, once the 125th Constitutional Amendment Bill comes into force, the Government will be constitutionally obligated and will fulfil its constitutional mandate to operationalize the State Finance Commission,” he stated.

He informed that in its submission to the 16th Finance Commission which visited Meghalaya for the view of the state government and also met the ADCs, the state government has recommended to continue the approach of the 15th Finance Commission by recommending grants to ADCs. 

“The state government has also recommended to the 16th Finance Commission, flexibility in the planning and allow the use of Untied grants for subjects under the 6th Schedule and not limited to the 11th Schedule. This will enable ADCs to carry out their diverse functions,” Tynsong said while stating that the government recognizes the critical importance of ensuring adequate financial resources for ADCs to fulfil their constitutional mandate under the Sixth Schedule.

Earlier while providing a historical overview of the Sixth Schedule and the 73rd and 74th Constitutional Amendments, highlighting the distinct framework for ADCs, the deputy chief minister has informed that Meghalaya is exempted from the mandatory constitution of State Finance Commissions (SFCs) under Article 243M of the Constitution.

He also cited the recommendations of various Finance Commissions, including the Twelfth, Thirteenth, and Fifteenth Finance Commissions, which have acknowledged the exemption of Meghalaya from the purview of SFCs. 

Tynsong stated that the state government has clarified to the 15th Finance Commission that the recommendations regarding SFCs do not extend to Meghalaya.

The Deputy Chief Minister also mentioned the Meghalaya State Finance Commission Act, 2012, which has been enacted by the State Legislature despite the constitutional exemption. He stated that “the Act remains unnotified and operationally dormant”.

On the proposed amendment to Article 280(3) of the Constitution, which seeks to empower the Union Finance Commission to recommend measures to augment the Consolidated Fund of a State to supplement the resources of the ADCs, Tynsong stated that this amendment is a welcome provision for the ADCs and will ensure higher devolution of resources.

Satisfied with the reply, the leader of opposition also announced his decision to withdraw the resolution before it was put to vote in the House.

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