Guwahati, May 13: The Gauhati High Court has struck down an anti-defection law enacted by the NC Hills Autonomous Council, holding that the council did not possess the constitutional authority to frame such legislation.
The ruling was delivered by a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury while hearing a petition filed by residents of Dima Hasao district, which falls under the jurisdiction of the council.
The petition challenged the constitutional validity of Rule 18A of the NC Hills Autonomous Council (42nd Amendment) Act, 2017. The provision sought to disqualify elected members of the council if they voluntarily gave up membership of a political party, voted or abstained from voting against party directives, or joined another political party.
Under the provision, any councillor belonging to a political party could face disqualification for acting contrary to party instructions within the council.
After hearing arguments from the petitioners as well as submissions made on behalf of the council and the Assam government, the High Court declared the legislation “unconstitutional”.
In its judgment, the court observed that the NC Hills Autonomous Council, constituted under the Sixth Schedule of the Constitution, does not enjoy legislative competence beyond subjects specifically listed under the Schedule.
The bench held that matters relating to anti-defection fall within the scope of the Tenth Schedule of the Constitution and are not among the legislative subjects assigned to autonomous councils under the Sixth Schedule.
The court further noted that the Sixth Schedule and the Tenth Schedule operate in separate constitutional spheres and ruled that the council lacked the authority to enact laws dealing with defection.
Referring specifically to Rule 18A introduced through the NC Hills Autonomous Council (42nd Amendment) Act, 2017, the court declared the provision invalid and struck it down.
