“Lama for Central schemes for Darjeeling people” Apropos Statesman Siliguri 14 October 2014, “Lama for Central schemes for Darjeeling people” wherein it is informed a Central scheme, Railway Innovative Incubation Centre is probably on the anvil on its own account – with no thanks to anybody, including Lama, GTA, West Bengal or any other body, except the Central scheme itself on its own accord. Therefore to cite the scheme inferring it may have originated out of any of the above accounts is a false premise, or propaganda to gain any possibility of covering mileage on any road, least by any organisation of the likes of DDUDF which seems to speak out of turn at the least provocation without much ado. If at all Lama intends to contribute his share of ideas into his organisation he should come out clean on the long pending demand of statehood of Darjeeling District and the contiguous Dooars. This is for the simple reason that this topic is directly related to the subjects (literally speaking) of Sikkim and Bhutan, which comprised the native populations (to be read as Paharay Bhotay Lapchay ek hai ho) a popular heyday slogan of the local Gorkha League (commonly misread as Gorkhali) in political arena sufficing as vote bank jargon. Interestingly the age old slogan still exists while demanding, supposed the age old demand of a separate administrative unit outside Bengal, which by the way is in reference to Provincial Bengal before 1956 when the State of West Bengal was formed out of the Fifth Schedule provisions of the Constitution. Incase many readers are unable to recognise this perception, which in simple jargon means in a legal platform that the State of West Bengal was created out of Partially Excluded Area scheme of event provided under the Act of 1935. Complimentarily, so it seems, the Province of East Bengal was created out of the legal provisions of the Excluded Areas of the Chittagong Hill Tracts (CHT) which needless to mention. Following the Indian Independence 1947 the Province of East Bengal became a foreign country East Bengal. Once again reverting back to the para preceding before the above, an important clarification seems necessary in explaining certain episodes in the history of Darjeeling District, wherein the ethnic composition of Paharay Bhotay Lapchay, a distinct feature of Darjeeling District (ancestrally a component of the Kingdom of Sikkim) was rightly or wrongly submerged in the national mainstream (rightly or wrongly) by the formation of the All India Gorkha League (AIGL) in 1943 despite the fact that that an All India Gorkha League had already been formed in Dehra Dun in 1923 /24 by Thakur Chandan Singh, a secretary of the Maharaja of Udaipur. In this respect a pertinent question requires to be answered in legal understanding. That is, the question of the superfluous nature of the AIGL formed by the late Damber Singh Gurung in contrast to the already existing former (1923/24). Therefore it is only pertinent to understand this implication while relating it to the present Gorkhaland agitation which infact is seen to be based purely on political demand (sic. Eighth Schedule - Nepali language) however determining as a constitutional guarantee. It is to be reminded that the only new State ever created under the Constitution after 1956 was Andhra Pradesh including the Princely State of Hyderabad (Telangana) none other than by Sardar Vallabhai Patel (understood as implying the commonality of Telegu language). With the breakup of Andhra Pradesh by creating a new State of Telangana is ample evidence that a legal demure was being amended for the correction of the wrong implication of law in 1956. It evidently proves that Eight Schedule – language has no legal sanction and the creation of new states in India. This writer, needless to say has clearly defined in the book ‘Roadmap on the Trial to Gorkhaland (Partially Excluded Area – the Constitutional Guarantee)’ that new state formations in India are already defined in the Act of 1935 and Order 1936, which provisions being transferred into the draft Constitution of India (1946-48) within the specific parameters of the Fifth and Sixth Schedules. The former contains the provisions of the Partially Excluded Areas (Fifth Schedule) and the Excluded Areas (Sixth Schedule). To prove the substantiality of this perspective it is to be noted that 13 states (including recently Telangana-2013) were created from the provisions of the Fifth Schedule and only 7 states were created out of the erstwhile Province of Assam, including the present States of Assam Meghalaya Tripura, Mizoram, Arunachal Pradesh, Nagaland and Manipur from the provisions of the Sixth Schedule (which incorporates the acceded territories of the Kingdom of Burma as per the Treaty of Yandaboo 1924). This happens to be the general understanding of the legality of state formations enacted in the Constitution of India. There are no two ways about it except this constitutional frame. The reader is reminded to note that in the Act of 1935, the Order 1936 contains the names in the assemblage of area/s specifying in annexure (8) Excluded Areas and (28) Partially Excluded Areas totally 36 such defined areas containing the legality required (as per UNO understanding of the right of self determination for the indigenous people/s). This resolution is clearly defined in the 13 September 2007 Declaration (UNDRIP) in which144 member countries have signed including India. Interestingly amongst the 11 countries abstentions from voting included Bhutan and Bangladesh, obviously for the reason, as there is a allegation of sorts that the two countries cited as human rights violations. In both the countries UNO have initiated evacuation of Bhutanese Nepalese and the Chakma Bangladeshi tribes of Chittagong Hill Tracts in Bangladesh. Accordingly under UN auspices these refugees have been air lifted to foreign destination for settlement and rehabilitation. Over one lakh Bhutanese Nepalese were lifted from Nepalese territory where they were temporarily settled in camps and flown to different destinations in the USA. The Chakma Refugees from Bangladesh were airlifted from Tripura (temporarily settled) and eventually relocated to Arunachal Pradesh in India. The above historical and constitutional information is prepared for general understanding of the overall issue related to Darjeeling and Dooars which is in current focus. However as yet it is this writer’s view that the lay masses, nay infact even the leaders at the helm of affairs are truly speaking are not aware of, or pretend not to be, that state formation is an entirely constitutional event and requires to be guaranteed within its many legal articulations respective to the issue. The writer feels the issue is now in bay and the ship is to be anchored well lest it floats away! It is quite certain the masses are not aware that the statehood is already in sight. Whether the politicians or leaders of all hues are aware of this reality is a non issue because the state is to come by any way, thanks to the President of India who holds the ultimate power of state formation being the high post in charge of the Fifth and Sixth Schedules (Chapter XXI) concerning areas which are Temporary, Transitional and Special Provisions. This writer humbly requests Dr. P. Lama to stress more on the above issue provided if at all he is able to understand its implications related to the issues in which he professes to delve in however albeit, without much ado. It does not however spare others who are claiming to demand a new state of Darjeeling & Dooars however without attesting the required constitutional legalities in framing the demand. It is this writer’s understanding that almost all the hill political parties are seen as expressing a demand for a state under the garb of Gorkhaland. However it is observed that the demand has no constitutional guarantee cited. It has already been expressed earlier that the Eight Schedule (language) is certainly not the legality for new state formation not to mention that the Centre has already paved the way for state formation by the imposition of the Fifth Schedule applied to the entire state of West Bengal on 10 December 2013. Obviously the implication of this rule is not known to the leaders at the helm of affairs demanding statehood across the board. It is to be noted that still the major criteria of the Fifth Schedule i.e. Scheduled Area is still required to be implemented and which Bill, according to this writer has been pending in both Houses of Parliament since January 2013. The particularization of this Bill is related to Readjustment of MP and MLA seats reserved for the new list of Scheduled Tribes within the mentions of Census 2011. To be precise, the Bill in respect to Sikkim and West Bengal applies to the Limbu and Tamang STs for inclusion of their names of the groups entitled to ST reservations for MP (Arts. 82,170) and MLAs (Arts. 330,332). Once the Bill is passed by both house of Parliament and becomes an Act, Arts. 338A and 339 come into force automatically conferring an aspect of Centrally Administered Area (CAA) and thereafter a Union Territory Art.239 (on the basis of Darjeeling & Dooars being the ceded territories of erstwhile kingdoms of Sikkim and Bhutan. It is hoped all aspirants of the people of Darjeeling District and the contiguous areas of the Dooars in Jalpaiguri District, including the possibility of Bodoland Territorial Council are expected to be incorporated in the new Union Territory titled possibly as Darjeeling and Dooars. This perspection is not the mind of this writer in fantasy but entirely based on the legality new state formation provided by the Constitution itself. So it is hoped that all concerned for statehood demand follow the above guidelines in order to place the demand on right track as well as to receive the state /UT in the earliest possible time. The writer had hopes that the present BJP govt. at the Centre was destined to deliver the statehood demand immediately in coming to power. However sadly this was not to be, as they are eyeing the upcoming State Assembly elections to gain power in West Bengal. In other words, the party does not want to upset the State by creating a new state under Art.3(a &c). This inspite of the fact the erstwhile Congress govt. at the Centre had already placed the Bill in the houses of Parliament in the winter session during February 2013. Regrettably despite the fact SS Ahluwalia present MP has resoundingly acclaimed that the aspirations of demand for internal autonomy of the Darjeeling hill people was provided in the Fifth Schedule and not the Sixth Schedule which was being discussed 2007 Parliamentary Standing Committee chaired by another BJP stalwart Smt. Sushma Swaraj. This writer still has not given hope that the BJP will place the important Bill referred above during the winter parliamentary session in December. This is somehow indicated by the fact that Bimal Gurung and GJM intend holding mammoth demonstrations in New Delhi before and during the winter parliamentary sessions. Can the people expect Bimal Gurung finally to deliver the long standing demand of statehood during this winter is the billion dollar question. Hillman –The Analyst (Karma T.Pempahishey)
Posted on: Sat, 18 Oct 2014 14:06:28 +0000
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