IMPHAL: The Federation of All Tribal Youth Clubs Manipur (FATYCM) has recently submitted its representation to the Governor of Manipur Dr. Najma Heptulla to implement the special provision of Article 371C read with Article 164 of the Constitution with regard to the appointment of the Minister in-charge of Tribal Welfare and Hill Department and attracting of Art 365.
According to the representation of FATYCM signed by its president R. Asing the consideration and immediate action on “That by virtue of Art 371C of the Constitution and its subsequent order dated 20th June, 1972, issued by the then President V.V Giri, all matters affecting to Hill Area is absolutely within the purview of HAC”.
That, “under the provision of Article 164 of the Constitution, appointment of Minister In-charge of Tribal Welfare is not reflected which read “Other provisions as to Ministers- (1). The Chief Minister shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. Provided that in the state of [Chhattisgarh, Jharkhand], Madhya Pradesh and [Odisha), there shall be a Minister in charge of Tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work”, it added.
While it means that there shall be no Minister in-charge of the Tribal Welfare in the State of Manipur. However, to all surprise you have appointed Minister In-charge of Tribal welfare & Hills Department which were hit by the Art. 164 As such the appointment of the minister in charge is unconstitutional, arbitrary, biased and is against the intention of Art. 371C.
Further, it was submitted that by virtue of Art. 371C, all matter pertaining to Hill Areas is within the purview of Hill Areas Committee. Surprisingly the governor has appointed the Minister in-charge of Tribal Welfare and also entrusted all matters relating to the Hill Areas including sub-plan, land and forest, Village, District council etc. Thereby defeating the provision guaranteed under Art. 371 C.
It also mentioned that this representation transfers all Hill matter in favor of HAC by implementation of Art. 164 also further submitted “that the sovereign duty of the governor of the State of Manipur is to protect and to secure the proper functioning of the HAC which is guaranteed under Para 9 of dated 20th June, 1972 Order issued by the then President V.V Giri as such, this representation as to protect and to comply the special provision enshrined under Para 9 of the said order”.
Hence, it also urged that the matter will be referred to the President of India and Prime Minister for intervention so as to set the thing right in order to fulfil the intention and desire of the Constitution of Indian for the end of justice if the concern governor of Manipur failed to comply the provision of Article 164 read with 371C of the constitution within the period of seven days from the day of receipt of this representation.