SHILLONG, JUN 29: Cabinet Minister and South Shillong Advisory Committee chairman Sanbor Shullai has petitioned Meghalaya Governor CH Vijayashankar to withhold assent to the Khasi Hills Autonomous District (Trading by Non-Tribals) (Amendment) Bill, 2026, saying the legislation is “ultra vires” the Constitution and outside the KHADC’s jurisdiction.
In his representation submitted Monday, Shullai objected to the provision that “seeks to make it mandatory for every genuine non-tribal employer to obtain a service license for the employment of genuine non-tribal personnel.”
“On behalf of the South Shillong Advisory, we crave leave to bring to your urgent notice our grave concerns regarding the Khasi Hills Autonomous District (Trading by Non-Tribals) (Amendment) Bill, 2026,” he wrote.
“It is our submission that this Bill severely overreaches the established jurisdiction of the Council.”
Shullai said the KHADC had gone beyond the powers granted under Paragraph 10 of the Sixth Schedule.
“The proposed Bill passed by the KHADC exceeds the specific legislative competence conferred upon Autonomous District Councils under Paragraph 10 of the Sixth Schedule to the Constitution and as such is ultra vires the Constitution of India,” the letter stated.
He argued the original 1954 Act was confined to regulating trade.
“The Khasi Hills Autonomous District (Trading by Non-Tribals) Regulation Act, 1954 was enacted to regulate trading by non-tribals and in pursuance whereof, the non-tribal traders till date have been complying with various laws and regulations enacted by both the state government and the district council,” Shullai said.
“By attempting to extend regulatory control from independent traders to corporate/individual employees, the KHADC has infringed upon areas outside its constitutional mandate,” he added.
According to Shullai, granting assent would expose the Council to litigation.
“If this legislation receives assent, it ironically exposes the overall sanctity and authority of the District Council to severe legal vulnerabilities, opening the doors for business institutions to challenge the Council’s executive powers in courts of law,” he wrote.
He also cited procedural flaws. “The current Amendment Bill mirrors infirmities by introducing arbitrary regulatory hurdles without proper safeguards or stakeholder consultation,” the representation said.
Drawing attention to Paragraph 12A of the Sixth Schedule, Shullai noted that state legislation prevails over district council laws in case of repugnancy.
“The licensing mechanisms of the state government are historically designated to monitor migratory or immigrant labour, and cannot be tools to harass or restrict the livelihood of genuine, permanent non-tribal residents of the State which is grossly arbitrary and discriminatory towards them,” he stated.
Shullai maintained the Bill violates fundamental rights.
“The scope of ‘Trading by Non-Tribals’ cannot be stretched to govern the relationship between employers and employees. The proposed Bill is a facial violation of Article 14, Article 19(1)(g) and Article 21 of the Constitution of India,” he said.
“No constitutional or statutory body possesses the unbridled power to arbitrarily regulate or strip away the livelihood of genuine residents,” he added.
He further claimed the Bill was politically motivated.
“It is evident that this Bill has been introduced to gain political leverage, ignoring the fact that it fails to pass constitutional scrutiny,” Shullai wrote, adding that the Sixth Schedule was “meant to protect tribal rights harmoniously, without creating legal friction that undermines the Council’s own stability.”
Urging the Governor to intervene, Shullai said, “In light of the facts and legal positions stated above, we respectfully request your esteemed office to thoroughly examine the legal infirmities, lack of legislative competence, and constitutional violations inherent in this Bill, and consequently, withhold assent to the Khasi Hills Autonomous District (Trading by Non-Tribals) (Amendment) Bill, 2026.”
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