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Pulling out CAPF- Significant indication for Gorkhaland.

Pulling out CAPF- Significant indication for Gorkhaland.

Hillman the analyst, KalimNews: Centre pulling out CAPF- Significant indication for Gorkhaland. Having read the article by Bappaditya Paul in The Statesman ‘Centre to pull out Central Armed Police Force from the Darjeeling hills’ is not only a relief for the hill political unit GJM spearheading the statehood movement, is a significant indication that the statehood issue has not lagged behind but infact has been jettisoned ahead by the Centre (probably in anticipation of the ST Ordinance pending before the Parliamentary Standing Committee). 
Infact the central forces pullout suggests the genuineness of the statehood demand is legally derived as a provision of the Fifth Schedule, anticipating a perception, that in time, the District as well as the Dooars will qualify as a Scheduled Area possibly on account of the ST Ordinance, in which the new list of Scheduled Tribes already known to the Centre, and surely who infact has prepared the list. If this assumption is valid, then Gorkhaland UT/state is not far to seek and in all probability will be tied up with Telangana already confirmed. Possibly the amendment bill creating these two new states will be passed in the winter session of Parliament 2013. 
Therefore the timing of CAPF withdrawal has a direct relation to the Tripartite meet on 23 Oct 2013 , which has been timed meticulously by the Centre, who is the sole authority (under instruction by the President of India) and who has passed the ST Ordinance directly related to the statehood demand. For the Fifth Schedule areas to demand a state the Scheduled Area component is the defining criteria to place the demand under firm legal footing. For an area to qualify as a Scheduled Area requires an ST population of over 80% and which percentage Darjeeling District and the adjoining areas of the Dooars may provide (subject to the ST Ordinance list the new ST in Sikkim/Darjeeling). This proviso has been explained in the preceding article as well as many other articles before. 
No doubt the withdrawal of the central forces is not a victory for GJM but a defeat of the State who seem to be overacting more than necessary to contain the statehood movement terminally, however is an ill conceived idea as it throttles the very concept of democracy which allows the right to demand a State under Article 3, provided this right is already articulated in the respective articles pertaining to the specific areas. The legal right of Darjeeling District and the Dooars for the statehood demand is accounted for by the provision of the Fifth Schedule and none other else. The Fifth Schedule alone has provided the legality for the creation of 11 new states in India. Whereas the Sixth Schedule has created only four. The Sixth Schedule is specific to areas in the Northeastern States whereas the Fifth Schedule is applicable to the rest of Indian states. The creation of the two states of Telangana and Gorkhaland /UT are created on the constitutional legality of the Fifth Schedule as an aspect of being Scheduled Areas. It is in understanding the above constitutional implications that this writer is able to decipher the reason why the central forces are being withdrawn, which meaning the normal eyes are not able to detect. 
It is quite open for reasoning accordingly that Gorkhaland UT/State possibly will be the main agenda in the Tripartite Meet on 23 Oct 2013 in New Delhi. Accordingly it is hoped that the GJM members attending the meet will eventually come back with the good news that everyone has been expecting for such a long time.

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