Catch the Shadow and Lose the Substance

(In view of the forthcoming tripartite meeting to be held in Darjeeling on December 21, 2009 there is a question in the minds of the people as to what kind of governance may follow the abolition of D.G.H.C. The Chief Minister of West Bengal time and again makes press statements that he wants to amend the D.G.H.C Act to make it an independent administrative body and sanction more power and money.

At this juncture it certainly would be interesting to examine the following four possible alternatives to D.G.H.C  Sri L. B. Pariyar I.A.S has laid down. This article, according to Sri Pariyar, is strictly his individual conjecture and has not been advised or supported. – The editor)
                         
Darjeeling today is eager to know the alternative of the Darjeeling Gorkha Hill Council (DGHC ) that is why I venture to spread my wings of imagination and dream as to what could be the possible alternative to DGHC. Of course I have no hesitation to say that our ultimate goal must be Gorkhaland nothing but Gorkhaland a government of the people, by the people and for the people of Darjeeling and Dooars.

First possible alternative to D.G.H.C:

(1) As D.G.H.C is not an alternative to Zilla Parisad so it should be an authority above Zilla Parisad.

(2) Make Darjeeling District a single unit as before and constitute Zilla Parisad, Panchayat Samity and Gram Panchayat.  Dissolve Siliguri Mahakuma Parishad by amending the W B Panchayat Act 1973. Section 185 B)

(3) Bring into the fold of D.G.H.C all the departments and the employees of the West Bengal Government engaged in the administration of the district of Darjeeling. Vest exclusively in D.G.H.C the power to create posts, frame recruitment and service rules and make appointments in these Departments.

(4) Remove all the provisions of the D.G.H.C Act that limits the power and functioning of D.G.H.C   and bring about a Regional Autonomy for all practical purposes. (Sections 26, 27, 30, 37(2), 38(4), 51, 56(6) of the D.G.H.C Act 1988)

(5)All Central Government and State Government funds meant for D.G.H.C should come to D.G.H.C directly in one single installment. Empower D.G.H.C to utilize the funds by allotting to different departments as per its own annual Plan and schemes. This may exclude the execution of the Central schemes which could be implemented according to their guidelines.

(6) Any other power – Here there are two big hurdles:
     (a) West Bengal Government at any cost will not let go of the powers of the Home and the Police departments.
     (b) West Bengal Government will not agree to part with Siliguri Mahakuma  Parisads.
 

In conclusion, when we place the above imaginary possibilities the people will not agree to accept them because in such an arrangement Darjeeling will a part of West Bengal.  

Second possible alternative:
An easy alternative could be to go back to the pre-D.G.H.C period. Its real face could be:
     
(a) There could be undivided district of Darjeeling.     

(b) Formation of three tier Panchayati Raj having Zilla Parisad, Panchayat Samity and Gram Panchyat.

(c) The D.G.H.C should return to the government all departments that were transferred by the government of West Bengal.

(d)All Government employees working in the D.G.H.C should go back to different posts  and departments of the West Bengal Government.

(e) The West Bengal Government should take over all assets like  Tourist lodges, wayside inns, roads, guesthouses, community halls, science center etc  made by the D.G.H.C.

(f) The West Bengal Government should take the responsibility of all the different categories of D.G.H.C temporary employees working at a salary of Rs.6000/-,Rs5000/-, Rs.4000/-, Rs.3000/- and Rs.2500/- per months and absorb them  in Zilla Parisad, Panchayat Samity, Gram Panchyat and other government departments.

However, this alternative arrangement will take us back to the seventies. Every drop of blood of the martyrs, who laid down their lives in struggle to achieve Gorkha Land, will certainly question this as their sacrifice will go in vain.
If this alternative is accepted, the women who lost their husbands, the children who lost their mothers, our people who survive with broken bones received in the beatings of C.R. P.F and Police will curse us.
Hence, the people will outright reject this alternative too.

A State within the State.
 
I think Sri Ashok Bhattacharjee once mentioned this alternative and it came out in the newspapers. Anyway, this could also be a possible alternative. Until this day at least to my knowledge, no body has elaborated its or drawn its outline and its composition?  However, I think, there is no harm in imagining the possibilities.

Professor Nirmal Sarkar had contemplated such a political possibility in favour of a District-Government – (The Alternative District Government - Editors  -  M.L. Dantawala, Ranjit Gupta and Keth C. D. Asian Seminar on Rural Development  the Indian experience, New Delhi, Oxford Publishing House 1986 P/235-61).  

In his article, Professor Mukerjee has expressed the outline of the District Government as follows:

( a ) The District Government should form a Third tier of Indian Federal polity with proper     constitutional backing. That means, the Union Government, the State Government and the District Government.
 
(b) The constitution should define its framework and it should function as an autonomous body.        

(c)      Its democratic character should be protected by direct election.
 
 (d) The constitution should ensure that its suppression is barred.
 
(e) Financial allocation should be assured according to its power and responsibility.
 
(f) District government should place the collectorate patterns of the District bureaucracy entirely under its control.  

 

 

It should be, one can expect, a mixture of democracy, decentralization and good governance at District level

WE can also imagine how this District Government may function in practice.

(a)    A separate government for the Darjeeling District could be formed through election.

(b) The District Government could have Executive and Legislative powers for all functional purposes.

(c) In this arrangement, all departments required to discharge the function of the government can also be set up.

  (d)In addition, to a separate arrangement for funding, the District Government may also have power to levy and collect taxes.

(e) A Circuit Bench of the State or the High Court may act as the Head of the Judiciary of the District Government.

(f)This District may have its own Cabinet, Secretariat, Legislative Assembly.

(g)After delimitation of the territorial boundaries of the District Government, new districts and sub-divisions can be created.

(h)It may also have the power to maintain direct contact with the Central Government and the Planning Commission.

(i) The District Government could negotiate for other powers and functions.  

(j)The name of the State could be the ‘District Government of Darjeeling and Dooars’ or any other name.

 

 

However, in this alternative, the government of West Bengal will continue to be the Principal Government and there will not be partition of West Bengal.

The district Government of Darjeeling and Dooars in the State of West Bengal cannot in any case be equivalent to the Gorkha Land for which we fought and died. Hence, there cannot be two opinions as to the fact that our people, leaders and the intellectuals will not be willing to accept such an alternative.
Although this alternative looks quite alluring to all but we must reject it.

 

The fourth possible alternative:

Centrally administered Union Territory ( Art.366 ( 3o ) read with 239 A )

There are two types of Union Territory.

(i)The Union Territory with its own Legislative Assembly. It will have its own Council of Ministers and Secretariat like that of Delhi and Pondicherry. This state will function as an independent state under a Governor or a Lieutenant-Governor within the framework of the Constitution.

(ii) The Union Territory without an assembly of its own under Atr 240. The power and function of the Assembly vest in the Union Parliament. To say in simple word, the Union Government through a Lieutenant- Governor or an Administrator will administer the Union territory.

The last and the only alternative:

GORKHA LAND is the only alternative to the D.G.H.C.  Gorkha Land will be a separate State and will run as any other existing States within the framework of the Indian Constitution.

I am definite that, since the above first three alternatives falls under the hegemony of West Bengal Government the people will outright reject them.

The fourth (1) & (2) alternatives will separate us from Bengal and will function as a separate entity. For those who desire that they must separate from Bengal, the possibility of a Union Territory will certainly fascinate them. However, for those who think that beside separation from Bengal they must also have a separate State of Gorkha Land run by them, they would not accept the fourth alternative. It is of course a fact that there is a possibility that after the probationary period, the centrally administrated territory may be promoted to Statehood like Mizoram, Arunanchal Pradesh.

However, no matter how deep and detailed argument we may have the ultimate decision will rest with the people and rightly so because the decision will decide our future..  We are seeing a dim but definite ray of light in the horizon leading towards the realization of our dream.  We should not let it fade away. We should not be reckless. Let there be unambiguous /authentic discussions, let us all unite to find a common path to reach our destination. Beware! If we Catch the shadow then we may lose the substance.