Meghalaya: KHADC Defends 2025 Justice Amendment Rules, Cites Sixth Schedule Authority

The Executive Committee (EC) of the Khasi Hills Autonomous District Council (KHADC) in Meghalaya has affirmed that the KHAD (Administration of Justice) (Amendment) Rules, 2025, passed on the final day of the Council’s Winter Session, were enacted under the legislative powers granted by the Sixth Schedule of the Constitution. 

In an interview with The Shillong Times, Deity H Majaw, Executive Member for Law and Legal Matters, emphasized that the KHADC is fully authorised under Paragraph 3 of the Sixth Schedule to formulate laws and amend existing regulations without requiring constitutional amendments. “The Council has the inherent power to enact such rules,” Majaw stated, noting that this is not the first instance of such legislative updates. 

She explained that the 2025 amendments update references from the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) to align with the Centre’s new criminal laws, the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagrik Suraksha Sanhita (BNSS). Additionally, the changes introduce several significant updates to the existing framework.

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Majaw clarified that the Council’s courts operate under customary laws, applying central laws like the CrPC and CPC in spirit rather than strictly adhering to their letter, as outlined in Paragraph 5(3) of the Sixth Schedule, which exempts autonomous districts from automatic application of central laws.

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The amended rules, which faced no opposition or debate during the Winter Session, will now be submitted to the District Council Affairs (DCA) department and forwarded to the Governor for approval. Specifically, the amendments replace references to the CrPC, 1973, in Sections 43(1), 55(2), and 56 of the Principal Act with the BNSS, 2023, ensuring alignment with updated national legal terminology.

Majaw reiterated that while amending the Sixth Schedule is Parliament’s prerogative, the KHADC’s actions fall squarely within its constitutional authority, reinforcing the Council’s commitment to maintaining a judicial framework rooted in Khasi customary laws while adapting to modern legal standards.