Social activist Cherian Momin rebuts Sofiur Rahman, defends Sixth Schedule safeguards in GHADC elections

Tura, Mar 3: The debate over Scheduled Tribe (ST) eligibility for contesting elections to the Garo Hills Autonomous District Council (GHADC) has intensified, with social activist Cherian G. Momin issuing a strong constitutional rebuttal to former Balachanda MDC Sofiur Rahman and S.G. Esmatur Momin.

In a detailed statement released on Tuesday, Momin defended the requirement of a valid ST certificate for candidates contesting GHADC elections, asserting that the condition flows directly from the constitutional intent of the Sixth Schedule and is not an arbitrary administrative restriction.

The row centres on whether the GHADC — constituted under the Sixth Schedule of the Constitution — should require candidates to belong to Scheduled Tribes recognised in Meghalaya.

Momin argued that the GHADC is not a general representative body for all residents of the Garo Hills but a constitutionally protected institution carved out to safeguard tribal self-governance.

“The GHADC was established under the Sixth Schedule with the objective of preserving and governing according to the customs, traditions and laws of the Garos,” he stated, adding that its legislative, judicial and executive powers are confined to matters such as land, inheritance, customary law, forests and village administration.

He contended that equating the council with ordinary municipal or legislative bodies misinterprets the constitutional framework designed specifically for tribal autonomy.

Responding to arguments that the ST requirement violates constitutional guarantees of equality, freedom and universal adult suffrage under Articles 14, 15, 19 and 326, Momin said such claims overlook the Constitution’s provisions for protective discrimination.

He maintained that the Constitution explicitly permits special protections and institutional safeguards for Scheduled Tribes, including legislative reservations and differentiated governance under the Fifth and Sixth Schedules.

“The Sixth Schedule should be read in harmony with the rest of the Constitution, not in conflict with it,” he said, arguing that requiring documentary proof of ST status is consistent with established election law practices across India.

The controversy has emerged as a key constitutional and political flashpoint in the Garo Hills, particularly amid discussions on representation and eligibility in autonomous district councils.

Momin cautioned that historical residence in the region does not automatically confer the right to contest elections in a constitutionally protected tribal institution. He stressed that residency and civil belonging are distinct from eligibility to represent a body specifically designed to protect tribal political autonomy.

He further stated that if there are objections to the ST certificate requirement, the appropriate recourse is judicial review under Articles 226 and 32 of the Constitution.
“Public discourse must be anchored in constitutional text and jurisprudence rather than populist rhetoric,” he said, urging Sofiur Rahman and Esmatur Momin to retract their claim that the GHADC “belongs to non-tribals” in the context of electoral eligibility.

The unfolding debate raises broader questions about the balance between equal citizenship rights and constitutionally mandated tribal safeguards under the Sixth Schedule framework — an issue that could have implications beyond the Garo Hills.

With GHADC’s role rooted in protecting indigenous identity and customary governance, the ST eligibility clause is likely to remain a contentious subject in Meghalaya’s political landscape in the run-up to council elections.

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