Meghalaya: KHADC defends justice rules, citing full powers under Sixth Schedule

Guwahati: The Executive Committee of the Khasi Hills Autonomous District Council (KHADC) has stated that the KHAD (Administration of Justice) (Amendment) Rules, 2025, approved on the concluding day of the Council’s Winter Session, were made in accordance with the powers granted under the Sixth Schedule of the Constitution.

Speaking to The Shillong Times, Executive Member for Law and Legal Matters, Deity H Majaw, stated that the Council has complete authority under Paragraph 3 of the Sixth Schedule to formulate laws and amend existing ones. “It is not necessary for us to wait for any amendment to the Constitution since the Council already possesses the authority to make such rules,” Majaw explained.

She mentioned that this is not the first time the law has been revised. “In the past, minor amendments were introduced. The current amendment not only updates references from the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) to the Centre’s new criminal laws, but also incorporates several other significant changes,” she said.

Majaw further clarified that the CrPC and IPC are not directly applicable to the Council’s courts, which function according to customary laws. “We implement these laws in spirit, not in letter, since the Council operates under its own traditional legal system,” she added.

Referring to Paragraph 5(3) of the Sixth Schedule, she noted that central laws do not automatically extend to suits or offences within autonomous districts and regions. “While amending the Sixth Schedule is the prerogative of Parliament, the KHADC has acted within the powers vested in it,” she affirmed.

The Executive Member informed that the revised rules will be sent to the District Council Affairs (DCA) department and then forwarded to the Governor for approval.

The amendment was approved without any debate on the final day of the Winter Session, as opposition MDCs did not suggest changes.

The KHAD (Administration of Justice) (Amendment) Rules, 2025, seek to align the Council’s judicial framework with the new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagrik Suraksha Sanhita (BNSS), replacing earlier references to the IPC and CrPC.

The amendment specifically substitutes “the Code of Criminal Procedure, 1973” with “the Bharatiya Nagrik Suraksha Sanhita, 2023” in Sections 43(1), 55(2), and 56 of the principal act to ensure uniformity with current legal terminology.