The fate of Scheduled Tribes Bill 2013 pending before Rajya Sabha
It is in this context that the above demonstration has significant undertone i.e. that the demand of GJM to include all Gorkha communities in the list of STs is the most important and impacting feature to be realised in order to consider Darjeeling District as well as the Dooars as Scheduled Areas.
The meaning and consequence of this phrase has been elaborately deliberated upon in this writer’s earlier discourses. However for the sake of novices to the constitutional aspects of new state formation in India relevant to the Fifth Schedule in which aspect Darjeeling District & the Dooars are guaranteed their legal rights to demand self determination, or self government, or self rule, as a state/UT as determined by the articulations of the Constitution itself.
Despite which Darjeeling District & the Dooars are already in the purview of Art.244(1) provided with the statutory Tribes Advisory Council (TAC). As an implication of this aspect it is realised the Gorkhaland Territorial Administration (GTA) was established in 2011 as an interim setup only, suggesting that the demand for a state was legally unviable at that point of time, as the second but more important factor to demand a state is only provided by the legal aspects contained within the provisions of a Scheduled Area, which component of the Fifth Schedule is not available to Darjeeling District & the Dooars at the moment to legally place the statehood demand on the constitutional pedestal.
Despite which Darjeeling District & the Dooars are already in the purview of Art.244(1) provided with the statutory Tribes Advisory Council (TAC). As an implication of this aspect it is realised the Gorkhaland Territorial Administration (GTA) was established in 2011 as an interim setup only, suggesting that the demand for a state was legally unviable at that point of time, as the second but more important factor to demand a state is only provided by the legal aspects contained within the provisions of a Scheduled Area, which component of the Fifth Schedule is not available to Darjeeling District & the Dooars at the moment to legally place the statehood demand on the constitutional pedestal.
The ST Bill 2013 to be passed in the present session of Parliament in order to conduct the process of statehood demand to its final conclusion is very important. Therefore the ST Bill which has been delayed on account of it having to be placed before the parliamentary
standing committee, now requires to be placed by the Govt. presumably as an Ordinance, having been sanctioned by the President who is the sole authority to determine inclusion of new Scheduled Tribes (Art.342).
Although the ST Bill is an inevitable event in constitutional terms, nevertheless it is subject to political expediency and maneuvers by stakeholders on either side of the aisle. That is, the introduction and passing of the ST Bill depends totally upon the implied electoral gains at the coming parliamentary hustling scheduled for 2014.Therefore the introduction of the ST Bill if at all introduced in the present session of the Rajya Sabha no doubt would receive support probably from all parties. However this is subject to the fact provided if it is at all introduced by the govt., which at the moment is the UPA.
However the Congress party, the ruling dispensation of the UPA, with an eye at the coming MP elections in order to gain somewhat of a support from West Bengal, who would be adversely impacted by the passage of the ST Bill, which eventually goes to determining Darjeeling District & the Dooars as Scheduled Areas and thereby paving the way and legally justifying the statehood demand on account of the Scheduled Area (Fifth Schedule), which is deficit in accounting the present aspect of the Fifth Schedule in respect of the said areas.
Therefore there is all the possibility of the chance that the govt. on account of the UPA political perceptions eyed at the 2014 elections may shelve the issue of statehood at a later date for its own largesse. It is also a perception however that some indication related to the statehood demand may also be announced before the coming elections once the ST Bill 2013 is considered, either in the present winter session of Parliament or the second session in February 2014.
Therefore, if the ST Bill is not introduced and passed in the present session of Parliament, surely the same exercise would be repeated for a conclusive resolution, either in February, but surely an indication to the creation of a new state /UT of Gorkhaland is anticipated.
Although the ST Bill is an inevitable event in constitutional terms, nevertheless it is subject to political expediency and maneuvers by stakeholders on either side of the aisle. That is, the introduction and passing of the ST Bill depends totally upon the implied electoral gains at the coming parliamentary hustling scheduled for 2014.Therefore the introduction of the ST Bill if at all introduced in the present session of the Rajya Sabha no doubt would receive support probably from all parties. However this is subject to the fact provided if it is at all introduced by the govt., which at the moment is the UPA.
However the Congress party, the ruling dispensation of the UPA, with an eye at the coming MP elections in order to gain somewhat of a support from West Bengal, who would be adversely impacted by the passage of the ST Bill, which eventually goes to determining Darjeeling District & the Dooars as Scheduled Areas and thereby paving the way and legally justifying the statehood demand on account of the Scheduled Area (Fifth Schedule), which is deficit in accounting the present aspect of the Fifth Schedule in respect of the said areas.
Therefore there is all the possibility of the chance that the govt. on account of the UPA political perceptions eyed at the 2014 elections may shelve the issue of statehood at a later date for its own largesse. It is also a perception however that some indication related to the statehood demand may also be announced before the coming elections once the ST Bill 2013 is considered, either in the present winter session of Parliament or the second session in February 2014.
Therefore, if the ST Bill is not introduced and passed in the present session of Parliament, surely the same exercise would be repeated for a conclusive resolution, either in February, but surely an indication to the creation of a new state /UT of Gorkhaland is anticipated.
Inspite of the fact Telangana is more or less a closed issue as far as the political aspects is concerned,the Bill itself may also meet the similar fate as the ST Bill which provides the legal basis for the creation of a new state/UT.
No doubt anti Telangana forces are working overtime to garner support, if not to vote for the Bill without its introduction, is something which the pro Telangana parties are attempting to conduct. In short, Telangana and Gorkhaland issues are now directly related to the political perspectives of the 2014 elections. Peeking into this general understanding of both the constitutional and political related, the stakeholders demanding new states however should console themselves that the demands would complete its own circle, at some time in the future, which is doubtless. After all both the demands are equally supported by the constitutional legalities formed within the Fifth Schedule, which provides the areas concerned directly into creation of new states/UT whichever applicable.
No doubt anti Telangana forces are working overtime to garner support, if not to vote for the Bill without its introduction, is something which the pro Telangana parties are attempting to conduct. In short, Telangana and Gorkhaland issues are now directly related to the political perspectives of the 2014 elections. Peeking into this general understanding of both the constitutional and political related, the stakeholders demanding new states however should console themselves that the demands would complete its own circle, at some time in the future, which is doubtless. After all both the demands are equally supported by the constitutional legalities formed within the Fifth Schedule, which provides the areas concerned directly into creation of new states/UT whichever applicable.
2. The ST Bill 2013 related to parliamentary constituency delimitation?
In response to an article in the Telegraph 16 Dec 2013, “Hill call for local MP” is somewhat a little too early for consideration as far as it concerns the GJM considerations on account of the fact the ST Bill 2013 now pending before the Rajya Sabha requires to be put in constitutional perspective. Whereas even to contemplate, at the present juncture regarding the Darjeeling District Parliamentary constituency (MP) may require delimitation on account of the fact that in 2003 two additional STs had been listed with the others already enlisted, raising the percentage of ST in DGHC area to 31.8% from 12.6%. In Census 2011 it is highly probable, with the increase in ST population in process of delimitation can indicate (1) the three hills subdivisions of Darjeeling District maybe considered for ST reservation and (2) with that account, the number of ST reserve constituencies in Darjeeling District maybe raised to 4 seats on account of which the MP constituency as well maybe reserved for ST.
Therefore with these perspectives in mind, which maybe real or imaginary, there is no question to doubt that with the increase in ST population in Darjeeling District surely the
delimitation of both legislative and parliamentary constituencies may undergo a definite change. Additional to which, if and when the ST Bill 2-03 is passed at some point of time before the parliamentary elections in 2014, the above perspective would be truer to reality, than imagined now. Therefore any suggestion accounted by GJM spokesperson Dr. H.B.Chettri is inconsequential for
any consideration for the reasons cited above. That is, to take up the MP seat issue at the moment is irrelevant. In other words, till the delimitation process is completed discussion on the issue would only be imaginative.
However with the future consideration in mind and in consequence of the factor that Dr.Mahendra P.Lama, as a candidate out of his own interest, has already blown the whistle in declaring the kick off for the game of MP elections 2014. Also mongering is ripe in news reads of the possibility or more correctly probability of the Congress fielding the candidature of the President, Shri Pranab Mukherjee’s son. In addition to the two names a third candidate, renowned footballer from Sikkim, Baichung Bhutia’s name is also cited in newspapers, as the possibility of representing the TMC in Darjeeling District. Whether this is true or false is yet to be ascertained by the football star himself.
Infact it might be of interest to realise two of the candidates are ST besides that of the Congress. This factor somewhat indicates the above discourse suggesting there is an element of suspicion, that the Darjeeling District constituency could be declared, in process of delimitation, on account of the increase in ST population in the District, a reserved ST constituency. Therefore to consider any discussion on the MP seat at this moment of time becomes superfluous.
KarmaT.Pempahishey is the Hillman the analyst
KarmaT.Pempahishey is the Hillman the analyst
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