New Gorkhaland body may hit MHA hurdle

West Bengal Chief Minister Mamata Banerjee’s decision to set up a new Gorkhaland Autonomous Authority to resolve the decades-long impasse may run into rough weather.
In her hurry to claim credit for resolving the problem, Banerjee had entered into an agreement with the Gorkha Janmukti Morcha (GJM) to set up a new autonomous body for Gorkhaland immediately after coming to power and wants the Bill to be passed in the next Assembly session.
The CM also wants the Union Ministry of Home Affairs (MHA) to be one of the signatories to the agreement.
However, her proposal is likely to get struck at the Centre as the MHA is learnt to be of the opinion that some clauses of the plan could be unconstitutional and, hence, illegal.
The MHA is likely to seek the opinion of Attorney General Goolam E Vahanvati. Sources said Union Home Minister P Chidambaram has also favoured getting a legal opinion.

Sources said that a final decision on the agreement would be conveyed to the state government only after it is confirmed that there is no unconstitutionality connected to it.
Mamata’s ambitious plan, which, sources said, she didn’t discuss with the MHA, provides for holding direct elections to elect the proposed Gorkhaland Autonomous Authority. The Authority will have legislative, financial, executive and administrative powers.
The West Bengal government also wants that a committee comprising representatives of the state and central governments and the GJM be constituted to decide which Gorkha-dominated areas would come under the jurisdiction of the proposed autonomous authority.  

A senior MHA official pointed out that no other Authority, including the present Darjeeling Gorkha Hill Council and the Ladakh Autonomous Hill Development Council, in the country has been bestowed with such vast powers, particularly legislative authority.
“If the Central Government, as is being sought by the West Bengal Chief Minister, appends its signature to any such agreement, it would become responsible for every decision involving the Authority and its formation. We feel some of the proposals are not as per the Constitution. That is why we are seeking a legal opinion,” said an officer.

indianexpress