Gauhati High Court strikes down NC Hills Autonomous Council’s anti-defection law

The Gauhati High Court has struck down an anti-defection law enacted by the NC Hills Autonomous Council, holding that the council lacked the constitutional authority to frame such legislation.

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury passed the order on 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 contrary to party directions, or joined another political party.

According to the provision, any member belonging to a political party could be disqualified if they acted against party directives in the council.

After hearing submissions from the petitioners as well as the council and state government, the High Court ruled that the legislation was “unconstitutional.”

In its judgment, the court observed that the NC Hills Autonomous Council, constituted under the Sixth Schedule of the Constitution, does not possess legislative competence beyond subjects specifically enumerated under the Schedule.

The bench held that anti-defection legislation falls within the domain of the Tenth Schedule of the Constitution and is not among the subjects allocated to autonomous councils under the Sixth Schedule.

The court further stated that the Sixth Schedule and the Tenth Schedule occupy separate constitutional fields, and the council lacked the competence to enact laws relating to 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.