Secret out in shape of interim Regional Authority

The interim arrangement as sought in the much talked ‘secret proposal’ of Gorkha Janmukti Morcha (GJM) which was released today resembles a Sixth Schedule empowered Bodoland Territorial Council (BTC) clone but with enhanced executive powers and legislative numbers.

At the same time, the ‘interim arrangement’ hangs, at the moment, to the condition of declaration of all Gorkhas in the Darjeeling district and Dooars as delineated in the map by GJM as Scheduled Tribes. This is crux of the demand for the interim authority, irrespective whether it will be accepted by the other two parties (Centre and West Bengal). Convincing the people is another matter altogether in a democracy.

But the pro and cons of the secret proposal can and will be discussed threadbare during the March 18 tripartite talks and even before that as the interim arrangement proposal has now been placed in the public domain from today by the GJM. Links are expected to be made with BTC over the proposal as the visits of the GJM caucuses to Bodoland are very much fresh among the people’s minds.

For the moment, let our readers grasp the 10 page draft proposal for interim arrangement of self-governance which was released by GJM president Bimal Gurung today in a press meet here at Dello Tourist Lodge.

In his letter addressed to Union Home Minister P Chidambram which was reportedly written in consultation only with the party’s ‘imperium in imperio’, the GJM president has presented a draft proposal for ‘interim arrangement till December 31, 2011’ after repeal of the Darjeeling Gorkha Hill Council Act 1988. The interim arrangement is without prejudice, affect, alter or diminish in any manner whatsoever to the legitimate demand of the people of the region for the creation of a separate State of Gorkhaland under Article 3 of the Indian Constitution, he said appealing the Centre to accept the proposal for the stipulated period for the larger interests of the people.

In the draft, the interim authority has been proposed as ‘Gorkhaland Regional Authority’ or ‘Darjeeling & Dooars Regional Authority’ with territorial powers extending as delineated in the Gorkhaland map submitted by GJM.

The regional authority is to be inserted after a trilateral declaration into the Indian Constitution with the preamble to the effect that ‘nothing in the interim arrangement or any act done there under shall or deemed’ to dilute the separate Statehood demand under Article 3 of the Indian Constitution.

Before the formation of the interim authority, all the Gorkhas must be declared as Scheduled Tribes to preserve the unique cultural heritage, tradition and ethnicity of the Gorkha community as a whole, the draft proposal states adding that there should be suitable amendments to the Constitution for ushering in the demanded interim authority.
The structure of the regional authority is defined as a regional board with a Speaker and Deputy Speaker of not less than 55 members elected by adult franchise at elections to be conducted by Election Commission of India. The ‘Chief’ of the board is to be elected by the board members. The ‘Chief’ will be heading the executive committee of the board.

As per the draft proposal, the regional board will be having powers of legislation, execution and judiciary over 102 subjects as mentioned in the Schedule A ‘without subject to approval, sanction or consent of or reference to the Government of West Bengal’ and also the powers to exclude the application of laws of West Bengal. The 102 subjects in Schedule A of the draft proposal includes law and order, local bodies, public health, communications, education, agriculture and allied sectors, mines, industries, trade & commerce, rights over land and revenue, elections to the interim authority, regional public service commission, taxes, health, education and jurisdiction and powers of all courts except the Supreme Court.

Another salient feature of the proposed interim authority is having judiciary subordinate to its own High Court. It has also been proposed to delegate full legislative and administrative jurisdiction over Panchayats and municipalities to the board.

Complete fiscal and policy authority in matters of planning, finance, tax, revenue, distribution of funds, borrowing, property, contract rights, liabilities, obligations and suits as contained in Part XII of the Constitution has also been demanded in the regional board.

The GJM proposal also seeks for a special non-plan fund assistance direct from the Government of India for a period of five years, ‘extendable to ten years’ from the formation of the interim authority besides a special initial assistance of Rs. 2,000 crores to be divided and disbursed equally over a period of 5 years. A direct plan fund in accordance with approved yearly and Five Year Plans without routing through the State government has also been sought along with direct and special allocation of funds from the Union government sidelining the Bengal government in all matters bearing in mind the unique and peculiar geopolitical conditions of the region.

Other authority sought for the regional board are Public Service Commission, powers to impose regional restrictions on trade & commerce, allocation of all regional benefits till now accruing to Bengal government such as hydro power, trade and industrial subsidies and reservation of seats in higher education in institutes all over India. The deployment of BRO over construction and maintenance of national highways in the region has also been asked for besides allocation of funds for construction of super-specialty hospitals.

Induction of Gorkhaland Personnel members in armed forces or paramilitary forces, concomitant opening of all closed tea gardens, a Tribal Research Institute and office of Advocate General have also been sought as salient features of the proposed regional board.

The draft proposal also demands withdrawal of all criminal cases relating to the Gorkhaland agitation from 2007 to till date in Darjeeling and Dooars region along with waiver of all revenues including electricity, telephones, taxes and other revenues accruing as a result of the agitation.

While releasing the draft proposal, the GJM president Bimal Gurung said that the points in the proposal will be discussed during the upcoming tripartite talks. We will not accept anything below territorial council for the moment, he said.

Meanwhile, the Bengal government has deputed two of its ministers to participate in the political-level talks on the issue of Gorkhaland, scheduled for March 18.

The venue for the latest round of tripartite talks between the Centre, Bengal government and GJM has not yet been finalised even though there is a strong possibility that it will be held in New Delhi.

However, Urban Development minister Ashok Bhattacharya has ruled himself out of the talks.

“I am their (GJM’s) enemy number one. So I don’t think I will be there,” the minister said. He expressed hope that the GJM would be happy with the offer of a ‘better form of Hill Council with more financial and administrative powers’.

Nomenclature: Gorkhaland Regional Authority/Darjeeling & Dooars Regional Authority
Validity: Till December 31, 2011
Region: As delineated by GJM map
Prelude: ST status for all Gorkhas

Salient Features of Interim Authority
Strength: Regional Board with Speaker, Dy Speaker with not less than 55 elected members. Chief to be elected by board who will head the executive committee.
Powers: Legislative, executive and judicial control over 102 subjects including key sectors.
Judiciary: Own High Court
Funds: Special Initial Assistance of Rs. 2,000 crores
Exemptions: Withdrawal of all criminal cases relating to the Gorkhaland agitation from 2007 till date of creation of interim authority.

From Sikkim Express