NRC Issue: Response to issues raised by Binay Tamang-TMC Alliance

GTA board of administratorsFile Pic: Bengal CM Mamata announcing the BoA, Sept 2017

I went through the eight point demands made by Binay Tamang’s GJMM (TMC wing) in detail. More than the demands it smells of something fishy.

Indo-Nepal Treaty

Clause 7 or the reciprocity clause mentioned in the Indo-Nepal Treaty is a subject that comes under the purview of the Central Govt. The state has no role to play at all. It depends upon the will and mood of the Central Govt. If we elect TMC, the Central Govt, which most possibly will be formed by BJP, won’t have a reason to support our stand on it. However, if Darjeeling votes for BJP candidate, we can mount pressure on our M.P to take over this matter.

Land Rights

If Gorkhaland becomes a reality then we won’t have to plead to the State Govt for Patta. All the territory of Gorkhaland will be the states property. If no statehood is granted we can still pressure the Govt. for Darjeeling to be included in the sixth schedule like Assam , Tripura, Meghalaya and Mizoram.

One of the clauses of Sixth schedule that describes the kind of land rights that an Autonomous District Council must have is mentioned as follows:

  • All District Councils have the power to make laws on a range of subjects such as the allotment of land, use of water course, and inheritance of property. The GHC has the power to make laws on 45 additional subjects such as agriculture, education and transport.
  • Municipality notified area also comes under the ambit or the body will have legislative power to legislate on the concerned matter.
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Minimum Wage Rate

There is a law in our country to maintain the Minimum wages rate of the labourers, it is Minimum Wages Act of 1948. Labour is a subject that falls under the Concurrent list. It means both the Central and the state government have the power to legislate on this subject. In Indian constitution it has been clearly written in the Centre State Relationship that whenever there is a conflict of interest for the matter included in concurrent list, the Central law will prevail.It means Central Govt has all the required power to look into the matter of the Tea plantation labours.

Linguistic Minorities

Let us first understand what it is; a linguistic minority is a class of people whose mother tongue is different from that of the majority in the state or part of a state. The constitution provides for the protection of the interests of linguistic minorities.

Amar Singh Rai Darjeeling TMC
File pic showing GJM(BT) faction meeting Mamata, Amar Singh rai second from right

Other Constitutional Provisions:

Now what provisions are there in the constitution are mentioned below:

  • Article 350 imposes a duty on the states to Endeavour to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority. The president is authorized to issue such directions to any state, as he considers necessary or proper for securing the provisions of such facilities.
  • Article 347 provides for the use of majority language in the administration. If a demand is made in this behalf and the president is satisfied that a substantial proportion of the population of a state desire the use any language spoken by them to be recognized by the state, the president may direct that such language shall also be officially recognized throughout the state or any part of tire state for such purposes as he may specify.
  • Article 350 gives right to every person to submit a representation for the redress of any grievance to any officer or authority of the union or a state in any of the language used in the union or a state, as the case may be.
  • Article 350-B empowers the president to appoint a special officer for linguistic minorities. It is the duty of the special officer to investigate all matters relating to the safeguards provided  for linguistic minorities under this constitution and report to the president  upon those matters at such intervals as the president may direct. The president shall cause reports to be laid before each house of parliament and send to the government of the state concerned.
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So, It is also a matter that falls under the jurisdiction of the Central Govt. Now they might raise the question that the articles mention President not Prime Minister.

For those who raise such questions should   go through Article 74 of our constitution, which states that “There is a Council of Minister with the prime minister at the head to give aid and advice to the President of India who shall, in the exercise of his functions, act in accordance with such advice. The advice tendered by Ministers to the President shall not be inquired into in any court.”

Now our people have to understand. A person who betrayed the whole community is taking the shelter of lies and false propaganda. He is again trying the fool our innocent people but he should not forget that this is Modi’s Digital India.

Writes: John Minj

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