Meghalaya High Court Enforces Separation of Powers in Garo Hills District Council

Court Orders Termination of Dual Role Held by District Council Judge and Executive Secretary

In a significant ruling by the Meghalaya High Court, the principle of separation of powers was upheld, addressing the dual role held by an official in the Garo Hills Autonomous District Council. The court ordered that the current Secretary to the Executive Committee, who also serves as the Judge of the District Council Court, must immediately cease functioning in both capacities. This decision aligns with the constitutional mandate separating the judiciary from the executive branches of government.

The bench, comprising Chief Justice Soumen Sen and Justice H.S. Thangkhiew, heard the case filed as PIL No. 15 of 2025, brought forward by petitioner Flaming B. Marak. The petitioner highlighted a serious breach of constitutional principles, revealing that the same individual, Shri S.R.R. Marak, was appointed as both the Secretary to the Executive Committee and the Judge of the District Council Court, Garo Hills Autonomous District Council, Tura. This dual role was found to be in violation of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.

The court's judgment emphasized the necessity of maintaining a clear separation between the judiciary and executive to uphold the independence of the judiciary. The judgment acknowledged the alarming situation where no official notification had been issued to separate these roles, thereby undermining judicial independence.

In response to this breach, the court directed that Shri S.R.R. Marak should cease his duties as the Secretary to the Executive Committee immediately while continuing his judicial responsibilities temporarily to ensure the court's smooth functioning. The court further requested the state government to expedite the appointment of an Additional Judge for the District Council Court and seek approval from the Governor.

The court also mandated that a report be filed by the state and the District Council, detailing the steps taken to comply with the order by January 28, 2026. This development is seen as a reinforcement of the separation of powers doctrine, essential for the functioning of a democratic government.

Bottom Line:

Separation of powers - Secretary to the Executive Committee of Garo Hills Autonomous District Council, Tura and Judge of the District Council Court, Garo Hills Autonomous District Council, Tura cannot be the same person - Judiciary must be separated from the Executive as envisaged by the Constitution.

Statutory provision(s): Constitution of India, Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953

Flaming B. Marak v. State of Meghalaya, (Meghalaya)(DB) : Law Finder Doc Id # 2822004