The Gauhati High Court has struck down an anti-defection law enacted by the North Cachar (NC) Hills Autonomous Council, declaring it “unconstitutional” and “beyond legislative competence.” The decision reinforces the constitutional boundaries between autonomous bodies and plenary legislative authorities.
A division bench, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, delivered the verdict following a petition filed by residents of the Dima Hasao district. The petitioners challenged the validity of Rule 18A of the NC Hills Autonomous Council (42nd Amendment) Act, 2017, which sought to disqualify elected members for switching parties or defying party whips.
The High Court observed that the council, constituted under the Sixth Schedule of the Constitution, possesses limited and enumerated powers. It clarified that anti-defection measures fall exclusively under the Tenth Schedule, a domain reserved for Parliament and State Legislatures.
The bench noted that the Sixth and Tenth Schedules occupy distinct constitutional fields. Since the Sixth Schedule does not specifically empower autonomous councils to frame laws on member disqualification due to defection, the 2017 amendment was deemed an overreach of authority. By striking down Rule 18A, the court has effectively invalidated any previous or pending disqualification proceedings initiated under the now-defunct provision.
