Dr. Subramaniam Swamy need refresh his memory on the Constitution.

Hillman The Analyst: KalimNews, 24 April 2015: Apropos Himalayan Darpan and Hamro Prajashakti dated 15 April 2015 items related to the recently held two day Seminar on Gorkhaland in Darjeeling on 13 &14 April 2015. 
Unbelievable but true Dr.Subramaniam Swamy was expected to speak on the constitutional aspects of state formation on the contrary somewhere on the line he seems to have lost his memory in the context of Gorkhaland. That is, he has referred the recent creation of Telangana in 2013 on linguistic basis which is entirely to be discarded – as nonsense. He requires refreshing his memory that part of Hyderabad (Telangana) was merged with Andhra Pradesh in 1956 (on linguistic basis).
Whereas the actual fact was that the two group of people spoke the same language which is not the same thing as linguistic basis which is reckoned to mean the mother tongue of the individual - not the spoken language generally speaking.  It is a well accepted norm that commonality of spoken language does not determine the ethnological parameters of the groups in contrast. In the same vein it is transferred in understanding that though Nepali language is the commonly accepted language for communication in Darjeeling District & adjoining areas it does not mean the speakers are ethnically the same. Infact most of the Nepali speakers are ethnic Tibeto-Burman language/dialect speakers namely Rai, Limbu, Gurung, Tamang, Magar, Bhujel, Sunuwar, Newar, Thami who are entirely different ethnic group of people within the Tibeto-Mongoloid and Sinic-Mongoloid classification.  
To wit, it can be stated here in writing that Maharashtra, Gujarat, Punjab, and the host of other new states formed since the SRC  was commissioned in 1956, was on the basis of the Act of 1935 /Order 1936 detailing the Excluded & Partially Excluded Areas (E&PEA) which geographical territories were outside the laws of British India which became independent in 1947 and a Republic in 1950-52.The E&PEA were included within the Constitution of India under the provision of the Fifth & Sixth Schedules. It was these areas which formed the basis of the legality concerning state formation in India. If this deliberation is taken as mistaken or proved otherwise Mr. Swamy is free to respond with his views. This writer’s contention is that states are not formed on linguistic basis but on legality already compounded within the Constitution of India. The legal right to demand a state fall squarely on rights of only certain areas (presently merged within some of the  states) in the Fifth & Sixth Schedules only and not otherwise either on the basis of language, religion, economics,culture or other creeds. To refresh the mind of the readers once again it is reconfirmed here that out of the 20 new states created in India since 1956, sixteen were created out of Fifth Schedule and four of Sixth Schedule.   
Dr. Swamy should have done his home work before he attended the Seminar in Darjeeling in West Bengal which state is now under the provision of Fifth Schedule since 2013. Therefore considering this implication it is more or less predictable that Gorkhaland or a state if you will is already in consideration of the Central govt. i.e. the Supreme Court and the President who are the main actors in considering the legal rights provided for those who are guaranteed by the Constitution itself.
Also his contention that new state formations are consideration for the provisions of Arts. 256/356 are entirely out of question. Dr.Swamy is asked in this page itself to cite one example of a new state formed out of the two Arts cited by him.
It so happens Dr.Abhijit Mazumdar CPI(ML) was more closer to the truth than Dr. Swamy who he refutes in the latter’s claim that states were formed on linguistic basis. The former requires to be complimented for his frank tacitness in raising an important issue that the demand for state formation requires to be planked by all concerned from the area in question. Besides the political parties raising the issue recognizing the importance of the Scheduled Tribes should be of primary thought in mind.
Infact Darjeeling District & Dooars is already on the anvil for the consideration of Central govt. in becoming the 37^st state of India. For the information of the general public, more particularly to those concerned with the creation of Gorkhaland a state if you will, already since2013 a Bill is pending before both houses of parliament which when passed will provide the last  bullet to hit the bull’s eye of the constitutional target in delivering the demand. Infact the Bill was introduced by the last govt. in power , and that too under instructions from the Supreme Court of India which later formed the basis of a presidential Ordinance to be placed as Bill in both houses of Parliament.
So if at all the issue of Gorkhaland is to be raised the ruling party must be asked to pass the Bill at the earliest, meaning before the forthcoming assembly elections in 2016. Politically it would be Hara-kiri for the ruling party at the Centre to pass the Bill before the forthcoming elections and the answer is quite obvious. Division of West Bengal now is being delayed for political reasons than constitutional.             
Karma T.Pempahishey is the columnist and writer Hillman-The Analyst.