Statehood not far behind

Hillman the analyst, KalimNews, Kalimpong, 8 November 2013: Having understood the Constitution of India as far as the subject of statehood is concerned, this writer feels enlightened enough and therefore confident to assert that the statehood demand, whether planked under the designation Gorkhaland for the time being, is a legally guaranteed event which the Centre must perform at the earliest possible time.

This seems to be the writ as far as new state formations are concerned and which aspects of discussion has been composed into a book form titled ‘Roadmap on the Trail to Gorkhaland (Partially Excluded Area- The Constitutional Guarantee)” accordingly.

More or less having understood the background history and its forward program of certain areas in India, only which are legally defined to demand states are established by law the Govt. of India Act 1935 and Order 1936 designated legally as “Excluded & Partially Excluded Areas” (E&PEA) and which, after the independence of India, were forwarded for incorporated into the draft Constitution, in the provisions of the Sixth and Fifth Schedules respectively. It has now been historically proved, only those areas under consideration of the Fifth & Sixth Schedules are legally provided, subject to various implicating characters, to demand a separate state as a democratic right. 

Darjeeling District being a Partially Excluded Area is implied containing the legal right (Fifth Schedule) as a result of which it is more or less ascertained, that the creation of a UT/ state of Gorkhaland is infact a possibility than a probability. Now that statehood is a certainty, Bimal Gurung who has been the leader of the entire agitation for converting the dream into reality, requires to once again become the chief of the GTA (a legally constituted body of the Fifth Schedule) in order to replace Binay Tamang now suffering in judicial custody, will not be able to attend the forthcoming Tripartite talks to deliberate on the statehood demand. 

Therefore considering that the next tripartite talk is very impacting in the sense, probably some indication will be declared towards the formation of UT/State. Considering this preview it therefore becomes important for Bimal Gurung to take an immediate decision to replace the post of the Chief himself at the point of time when certain signatory undertakings may require to be observed in the forthcoming tripartite talks before the winter session of Parliament beginning in November. 

If all goes well there is no reason why the Centre should not consider passing the Bill in Parliament declaring the creation of Telangana and Gorkhaland. Therefore Bimal Gurung is advised to take immediate actions in representing the GTA which is the most important body at this moment of time in going forward towards the statehood demand. 

These aspects are considered as truths provided the ST Bill 2013 is also passed simultaneously by Parliament before the demand is cleared. The importance of the ST Bill ensures Darjeeling District in becoming a Scheduled Area which consideration of the Fifth Schedule alone ensures the legal right to demand the constitutional guarantee –State /UT whichever applicable according to law.