Autonomous District Councils under the Sixth Schedule of the Constitution lack plenary legislative power and do not have the constitutional competence to enact anti-defection laws, as such power is not an enumerated subject and the field is occupied by the Tenth Schedule.

(Ashutosh Kumar, CJ)

We have heard Mr. B.D. Das, learned Senior Advocate for the petitioners and Mr. D. Saikia, learned Advocate General, Assam for the respondents.

2. In the present writ petition, the constitutional validity of the “constitution of N.C. Hills Autonomous Council (42nd Amendment) Act, 2017” (hereinafter referred to as “42nd Amendment Act of 2017”), whereby a new Rule, namely, 18A has been inserted in the principal rules, providing for disqualification of the elected members of the Council on the ground of defection from their political parties, has been questioned.

The challenge raises substantial questions concerning the distribution of legislative power under the Constitution and the scope of autonomy under the Sixth Schedule of the Constitution.

3. The newly inserted Rule provides that a Member of the Council belonging to any political party shall be disqualified for being a Member of the Council if he voluntarily gives up his membership of such political party; or if he votes or abstains from voting in the Council contrary to any direction or whip issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.

An explanation has been provided that for the purposes of the afore-noted sub-rule, a nominated member of the Council shall (i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party; (ii) in any other case, he be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after taking oath under Rule 24 of the Rules.

An elected member of the Council shall (i) be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member; (ii) be disqualified for being a member of the Council if he joins any other political party after such election.

An elected member of the Council, who has been elected as an independent candidate or other than a candidate set up by a political party, may opt to become a member of any political party. However, such member shall be disqualified for being a member of the Council if after becoming a member of any political party, he joins in any other political party.

A nominated member of the Council shall be disqualified for being a member of the Council if he joins any political party after the expiry of six months from the date on which he takes his seat after taking oath under Rule 24 of the Rules.

Notwithstanding anything contained in the forgoing provisions of this sub-rule, a person, who, on the date of commencement of the Constitution of N.C. Hills Autonomous Council (42nd Amendment) Act, 2017, is a member of the Council (whether elected or nominated as such) shall (i) where he was a member of a political party immediately before such commencement, be deemed, for the purposes of clause (a) of this sub-rule, to