Statehood panel cry- electoral representations from Limbu & Tamang Sikkim and West Bengal in Parliament

Hillman the Analyst, KalimNews, Kalimpong, 22 March 2015: Apropos Telegraph 18 March 2015, “Statehood panel cry” by Vivek Chhetri. This writer once again congratulates BJP MP SS Ahluwalia with all the kudos at his disposal to express gratitude for once again raising the issue of Gorkhaland in the Lok Sabha by requesting the Centre to form a committee to look into the statehood issue. 

Although the MP has raised various other issues regarding the concern of the hills both relevant and irrelevant a very important point he seems to have overlooked is the fact that a Presidential Ordinance is lying in a lapsed stage in both House of Parliament concerning electoral representation for the new list of Scheduled Tribes as per census 2011. 

This Bill is potent with impacting concerns particularly in Darjeeling District where the rise in population of Scheduled Tribes tabulated as per Census 2011 mainly after the Limbu & Tamang communities were listed in the ST category it is crucial to note that the ST population of Darjeeling District now stands at 21.5% (Census 2001:12.87%) and that in GTA area (subdivisions of Darjeeling, Kurseong and Kalimpong) as per Census 2011 estimated at 63.5% (Census 2001 estimated at 31.4%). It is commonly understood that though the ST figure of 12.87% was for the entire Darjeeling District it was fed as representative of DGHC area during the discussions held in the Standing Committee of Parliament on the Sixth Schedule in 2007. It is this consideration which assumes that the rise in population in Darjeeling District now stands raised to 21.5%. It is obvious therefore that during the Standing Committee proceedings the ST figure for DGHC (GTA) is stated at 31.4% as such now stands raised to 63.5% (estimated).

Now the content of this rise in population in every decadal Census implies a very important legal feature concerning the population of SC&ST in figuring the future allocation of electoral representation in Parliament and all the respective State Legislatures in India. The provisions of this legal feature lies within the Articles 81,82,170 330,332 which all goes to ascertain that any change in the rise in population of the above two categories of communities during the record and publication of the decadal Censuses, there is legal guarantee provided by the Constitution to effect changes as per the Articles above to ensure that the rise in population of SC&ST require to be accommodated with proportionate electoral representation in Parliament and respective State Legislatures. It simply means that when there is a rise in population of SC/ST they are guaranteed to be afforded proportionate reservation of MP & MLA constituencies in their areas in the States applicable.

For instance in the case of Sikkim and West Bengal where two new tribes Limbu & Tamang have been listed under Article 342 as ST. On account of this additional list of two STs the general population of the subdivision/district automatically arises on account. The rise in population in the new Census 2011 can well be held responsible for providing certain areas in Sikkim and West Bengal (particularly Darjeeling District), to be declared as a ‘Scheduled Area’ by the President of India. 

While considering this feature and also addressing the concern of West Bengal having been placed in the Fifth Schedule of the constitution it can be gauged that the Scheduled Area of the Fifth Schedule is the identity which the President intends to assert. The implication in understanding is rather far and wide and it is not relevant to address the same at this point of time except in understanding that the Scheduled Area identity seems to be the chief feature of the Fifth Schedule to be realized in order to provide the constitutional legality in demanding a separate system of administration (Act of 1935) or Union/State as per the Constitution of India.

It is possible MP SS Ahluwalia is quite conversant with this constitutional framework and is in fact in process of delivering the same on the table. That the committee requested to be formed for the statehood demand is a most welcome sign, however, one must also note that in the same breath the Home Minister Rajnath Singh has also placed the same menu during the last visit of the GJM stalwarts meeting him officially in New Delhi some months back. 

 It bodes well that both the Home Minister and MP are speaking with the same mind and hope now that they are in unquestionable state of power in Lok Sabha, the state formation would come about sooner than later, it is hoped. However with the coming Assembly elections in view there is a dim possibility that the BJP govt. at the Centre will definitely postpone the consideration till after the 2016 elections. 

After all surely the BJP at any cost would not be in a position, politically, to deliver statehood before the elections. This would be their end and disaster in West Bengal despite their political success with the implications of the Shradha chit fund scam weighing heavily on the ruling TMC in West Bengal.

Having delved into the constitutional implications of the statehood demand or Gorkhaland if you will, it is perturbing to notice that despite the overt expression by the BJP stalwarts that a committee for statehood is on the anvil it is really doubtful whether the statehood demand will ever be implemented before Assembly elections 2014. To argue this point precisely and pointedly that both the BJP Home Minister and MP expressing concern for statehood is more of a political than a legal statement. Had they been more serious in the matter, they would have fired the first volley in Parliament by raising the question of the lapsed Ordinance/Bill pending before both houses of Parliament since 2013. 

The Bill concerns the electoral rights of the new list of STs particularly pertaining o the Limbu & Tamang of Sikkim and Wes Bengal. It is known that this legality would be the primal factor in determining 1. Scheduled Area and 2.eventually culminating in the legality to provide a Union/State as per the provisions of the Fifth Schedule already implied in West Bengal since 2012.

So if one is able to read the above explanations implicitly and explicitly without any general bias of any sort except to be able to understand that the relevancy is entirely constitutional and not schemes programmed by any groups of people, statehood is simply there for takes. Accordingly it is to be acknowledged that many turns and bends are being taken to reach an end which in fact is a straight road right from the beginning to the end. The road is simply that West Bengal is now under provision of the Fifth Schedule already and once the pending Ordinance/Bill becomes an Act, Darjeeling & Dooars will eventually become a reality i.e. a state/UT whichever constitutionally guaranteed.

The Bill is the key to unlock the statehood demand now pending before both houses of Parliament as, ‘The Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies’. In fact the Bill has just an important impact in Sikkim as because the Limbu & Tamang communities as ST are common in both the States. Accordingly once the Bill becomes an Act it is probable that the ST reservation in the Sikkim State Assembly would be raised accordingly to proportionate representation.

Let us hope that the fray of political parties at the helm of affairs demanding a state of Gorkhaland fulfill their promise before the coming elections 2016 in order that the new list of STs Limbu & Tamang will also qualify for electoral representations in Parliament and the Legislatures in Sikkim and West Bengal. 

The writer Karma T.Pempahishey (alias Hillman-the Analyst) is a regular columnist and a freelance writer.