Question on constitutional standing of Darjeeling's GTA is making situation tough for GJM & TMC

SILIGURI: The situation around Gorkhaland Territorial Administration( GTA), the separate governing body for Darjeeling hills, is taking complicated turn from legal angle making things tougher for Gorkha Janamukti Morcha(GJM) as well as its friend Trinamool Congress (TMC), the ruling party in West Bengal. The development has come immediately after recent warning of renewed movement by GJM for separate state splitting Darjeeling hills from West Bengal.

The most complicated knot is undoubtedly the question on constitutional standing of GTA. An agreement to form this was signed between state Government, GJM and Center in July 2011 following demand of GJM and under active initiative of state CM Miss Mamata Banerjee. Subsequently, GTA was formed in August 2012 after an election in which GJM candidates won in all its seats practically uncontested.

But a legal question was raised by GNLF supremo and chief of the former administrative body for the hills 'Darjeeling Gorkha Hill Council'(DGHC) Mr S Ghising in Kolkata High Court.

According to legal experts, DGHC, set up over DGHC Act 1988, was exempt from the operations of the Panchayat Acts and the Municipal laws under Article 243 M(3) and Article 243 ZC(2) of Indian Constitution. Instead of three tire Panchayet system of the whole country, as a special case, the DGHC area was under two tire Panchayet system while DGHC itself enjoyed the status of third and highest tire of Panchayet operation. But since GTA Act 2011 has 'repealed' the DGHC Act, DGHC ceased to exist putting Darjeeling back under usual three tire Panchayet system. Here GTA cannot come into force as the third tire of Panchayet without proper amendment of constitution- pleaded Mr. Ghising's advocates.

The advocate of center has also said in court that GTA could have constitutional standing only after requisite amendments of constitution. For that, approval from parliament was needed. And given the prevailing exothermic chemistry with Congress, TMC is not likely to gain straight support of congress in parliament floor easily to have this amendment done.

When asked about TMC's workplan on this, Mr Gautam Dev, North Bengal development Minister just said, "Cannot speak on a matter sub judice. But GTA indeed has legal validity as law pertaining to that was passed in state assembly."

GTA's not getting solid legal standing will justify CPIM's complain about 'lack of political forethought' of TMC on hills issues. On the other hand, that will put very existence of GJM under question. Naturally, the situation is getting tougher for both," said political analysts.