Future of Darjeeling District read in the crystal ball

Hillman the Analyst once again is compelled to post his readings of the crystal ball indicating that the future of Darjeeling District, and its long standing demand (the right to self determination) within India as guaranteed by the constitution under the provisions of The Absorbed Area (Laws) Act 1954, read with Article 244(1) – Part A&B -4(1,2&3) implemented in 2012 in the State of West Bengal thereby under Part B 4 subparagraph 3 Tribes Advisory Council (presently consisting of 13 members)  with the Chief Minister of West Bengal as the Chairperson.

To members of the public unfamiliar with constitutional understandings it is relayed hereby that Article 244(1) is the preserve of the Fifth Schedule which  guarantees legal rights to the citizens of the area (Darjeeling District) as enunciated in the aforesaid Act of 1954 ensuring right to internal self determination within the map of India. One is reminded to note that this right is contained in an Ordinance/Bill since 2013 “The Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies” pending before both Houses of Parliament banefully sidelined on account of its perturbed consequences to all  honourable members  of Parliament of whatever political colour and hue (including MP from Darjeeling constituency), is truly a sad state of affairs considering the Bill happens to deliver the long standing demand in sequence to Census 2011 accounting the Tamang and Limbu as Scheduled Tribes under Art 342, peculiarly applicable to the States of Sikkim and West Bengal (Darjeeling District). This happens to be the genesis whereby it was the Supreme Court of India directing the Ministry of Law & Justice to deliver the legal rights. This accounts for the Ordinance status of the Bill tabled by the then Minister of Law & Justice  Mr. Ashwini Kumar to which objections were made by none other than Mr. Arun Jaitley, leader of the opposition, for referring it to a Parliamentary Standing Committee. That besides alleging the ruling party (UPA) had an eye to the coming general elections. Surely the learned leader of the opposition was unaware of the ordinance status of the Bill? That is for history to tell and not repeat again. Not to mention history repeats itself on justifiable basis of natural social basis, but also tampering in times occasionally to synchronize to suit political aims. However it might be said in reference to the Bill it might be delayed to a limited time the countdown of which has already begun since 2013 (already five years). Surely the limit is lapsing, as statutory convention demands, the Ordinance/ Bill be implemented before the coming general elections 2019. This is seen to be provided invoking provisions of Articles 82, 170,330 & 332 by implementing Part 5, 6 &7 of the Fifth Schedule in force since 2012.   

On basis of the above contentious issue delving into the constitution of India it is seen in the crystal ball that not only the pending bill is passed but also Part D (2) is deemed to be amended of the constitution for the purpose of Art.368. This sight seems to be the current newspeaks of political parties in Darjeeling District i.e. 

1.GTA administrator demanding a Scheduled Area of the Fifth Schedule;

2. GJM (Bimal Gurung) demanding invoking Art.3(a) read as Art. 371F and

3. GNLF demanding Sixth Schedule status but the same time open to accepting any decision by the Centre.

Taking all the above considerations into a pointed focus it is perceivable that all three demands by the political parties is seen as rightful and legally acceptable in content. All of which indicates bifurcation of administration of three Districts of West Bengal. According to the crystal ball the vision is:

1.       Darjeeling District (all the four erstwhile subdivisions) merged with Sikkim as an Absorbed Area (of erstwhile kingdom of Sikkim).

2.       Alipur Duar District (10 Dooars erstwhile Kingdom of Bhutan) as a separate administrative unit under West Bengal under the Sixth Schedule and

3.       Cooch Bihar, as a separate administrative unit as (2) on account of it being the erstwhile Princely State of Cooch Bihar.  

Last but not the least infact most impactingly an NGO, ‘Public Interest Committee for Scheduling Specific Areas’ (PICSSA) based in Kalimpong has already filed a PIL in the Supreme Court of India on 23/04/2017, based on the fact of the matter related to the implementation of the aforesaid Ordinance/ Bill seen to provide Part B (5) of the Fifth Schedule i.e. as a Scheduled Area (based on the Act of 1935 ‘Excluded & Partially Excluded Areas’ , section 91&92 and Order 1936) repealed and subject transferred to the Absorbed Area (1954) in the State of West Bengal under Art. 1 & 4 (First Schedule) under the Name (14) West Bengal.  

The waylaid citizens of Darjeeling District should take out their hats to the yeoman’s service PICSSA has rendered in carrying forward the great task of adjudication the pending issue concerning the constitutional rights of Darjeeling District and thereby ameliorating their grievance of assimilating but not integrating the transferred Absorbed Area peoples in the national mainstream.   This delay has already caused immense impact on the district in every aspect, in terms of culture, socio, economic and political. Thereby impacting the environment in every sphere of development and progress accounting for the ecological disaster confronting the District, primarily on account of excess population on land and land based resources. It is hoped this disaster is contained for the good and welfare of all the inhabitants, particularly the have-nots (jobless youths and poor) who have no dream in sight let alone a vision.

Hillman –The Analyst (nom de plume)

*Karma T.Pempahishey.

Holumba

Kalimpong-734301     

P.S :

Briefly delebrating on the book- “Roadmap on the Trail to Gorkhaland (Partially Excluded Area –The Constitutional Guarantee)” – Author Karma T. Pempahishey.

(*)The author of the book Roadmap on the Trail to Gorkhaland (Partially Excluded Area –The Constitutional Guarantee) Pub. 2013. The contents deal with the constitutional aspects of Darjeeling District as a Partially Excluded Area (GoI Act 1935 & Order 1936) which political identity transferred into the Constitution of India as an Absorbed Area (1954) with safeguard of political identity under provisions of the Fifth Schedule. In the book Table: New States Formation (pgs 201-204) are indexed on chronological order the names of Provinces & States formed since 1947 based on the identity of the peoples within the territorial boundaries of the indigenous peoples inhabiting the Excluded & Partially Excluded Areas.   In the Constitution the said inhabitants’ identity are safeguarded on being scheduled to the Constitution and referred as Scheduled Tribes (Art.342).  Thus pointing, the office of the President only is the authority to safeguard the nature of their identity, cultural, social, economical and political. As such the authority of the President alone is responsible new states formations (& Union Territories), or if you will, grant the right to internal self-determination under provisions of the Fifth & Sixth Schedules. Under these auspices almost all the specific areas under the above provisions have been declared States & Union Territories. The last remaining is Darjeeling District (Partially Excluded Area/Absorbed Area/Fifth Schedule) is question marked in the referred table above pg 204.

Coincidentally 400 copies of the above book (already voucher paid) is supposedly declared incinerated (burnt) by the publishers (without prior information to the author) allegedly claiming, (a) that the book material was decaying on account of mildew and (b) that the contents of the book supposedly contained secret informations. It is most unfortunate to note disseminating legal and constitutional writs are secrets. In other words, either the publishers were unfamiliar with the Constitution, or, tragically more concerned, the contents were being held back to serve certain vested interests best known to the vested, accounted many over the country. Many new publications are available supposedly detailing the political history of Darjeeling District under various themes and nomenclature. But regret the same are uninformed about the constitutional history (since the British times with the current merging into the Constitution of India) a subject uncommon but asserted by experts (only) in the field of political science. The book simply asserts the legal aspects of formation of states, and linguistic basis is an anathema,  which accounts for the fact consumed by the ordinary citizens, nay infact supposedly  learned members of society of hues and colour, when asked the question ’how  states were/are formed?’ abrupt comes  the reply, ‘on basis of language’. This author was subject to arduous arguments to prove the claim otherwise eventually managed to convince one and all the fact of the matter.

Hence if any person/s interested to further this point to a conclusive end, or learn if you will, may email karmapempahishey@gmail.com 

Also students particularly post graduates eager to deliberate on a dissertation on the subject may find it worth the while to be specifically guided towards the end of the goal. The writer’s personal library is substantial for references at all points. It is this writer’s desire that a full literature on the theme only on state formation in India is crucial at this point for general understanding by the citizens nay specially the learned to acquire the knowledge and pass on the wisdom to the generations of millions for their future sake without which every individual, seemingly, is walking towards a blind alley. This happens to be a personal experience confronted by the writer at almost every point. Infact this example has been proclaimed by none other than the erudite Mr. Pranab Mukherjee (former President of India) while citing in a news read accounting late Mrs. Indira Gandhi (former Prime Minister of India) was unaware of the Constitution as a result of which unknowingly (innocently/ignorantly) responsible for declaring emergency in the country on account of which resulted in the debacle in the following general elections. However apologizing to the nation was her magnanimity which greatness elected her to power again.

Another example of recent times the political bigwigs in power had been tom-toming ‘one nation one election’ to which the Election Commissioner replied without mincing words, no way. Taking these into account it is highly required, particularly elected MLAs and MPs, brainstormed on the implications of the Constitution (infact as a dharma) as seemingly without which knowledge the nation could be at stake. This for the simple reason bearing conflict of interest i.e. Constitution of organizations versus the Constitution of India, particularly the political parties with various items in their agenda. It might be reminded the Constitution is the only temple identifying an Indian citizen, and their rights and duties. It is the soul and protector of every citizen.  However at present times, perhaps unknowingly then knowingly, impacts have been observed in marginalizing the writ. The constitution is on the only highway to destination India and any other my ways require to be subtly revoked sanctimoniously. It is therefore an immediate   urgency for a literature on the design and virtues of the Constitution, thereby laying the one and only roadmap for a stable, sustainable and progressive India. Development alone as picturised is not the answer. Inclusive progress of all citizens at all levels possible should be the criteria. This unfortunately does not seem the game play judging from past experience and thus requires effort to U-turn to its former inception when the Constitution was promulgated for commencement in 1952 (first Parliament) began demanding the writ endeavoring to walk the talk. Amendments are made to ensure the path becomes more stable. That is all. Many firmly believe including politicians that the majority number game alone is able to rule the roost. The demeanors, if any, contrary to the constitution is up to the function of the judiciary decide.  Many unwarranted bills passed by the executive (parliament) has been scratched off by the judiciary, the definer and protector of the Constitution, and will not allow any vested foul game-play for sanction. Without the judiciary the Constitution is at risk and therefore impacting the rights and duties of all citizens. It is urged as far as possible maximum number of citizens be familiar with the Constitution so that no undue infringement occurs at all because it will impact all- including you.    KTP

Writer: Karma T Pempahishey