Hi Santanu:
A few quick thoughts about your thoughts. Gotta run for a bunch
of meetings this morning.
>Is that unconstitutional? I mean, is it unconsitutional to
demand an amendment >to the constitution? I don't think so.
*** I don't know the answer. But since the constitution was NOT
something given down to a bearded man on a mountain top engraved in
stone tablets by God himself, and it was something devised by
imperfect men, who did NOT represent all of the disparate constituents
of the union and under circumstances not entirely under their control
and/or free will; one will have to believe that it is an instrument
that should and could be amended and corrected, to reflect the need of
the times.
There is nothing inherently sacrosanct about a constitution.
Much more so in the Indian context, because it is violated by its
custodians everyday, with the institutions of governance UNABLE to
prevent its debasement. The Indian constitution's sanctity is a myth,
created by people in power, by majoritarian diktat, and not thru
democratic means where minority rights have credible and effective
built-in protections.
*** The question of the constitutional constraints in dealing
with the issue of secession aspirations of a people could arise ONLY
if the constitution has been mutually acceptable with a credible
track-record for safeguarding the interests of the many disparate
constituents of the union, as they were promised at the time of
accession.
Take for example the case of Manipur, in which the accession was
forced by imprisonment of its King by a lowly Indian army Brigadier at
the orders of Sardar Patel.
If it is not so accepted by EVEN ONE of the constituents, then it
is fair game to be disavowed by the aggrieved party. That would be a
natural law.
Oh, yes there would be the issue of might is right. Just as it
has played out in the subcontinent since independence.
And that is why the armed rebellions.
More later!
At 10:07 PM -0600 1/9/06, Roy, Santanu wrote:
One must recognize that all it takes for India to recognize the right to secede and a procedure for secession of states is to have a constitutional amendment. That's not very tough - its been done over 50 times.
Now, one can rephrase the demand for referendum and right to secession as a demand for such a constitutional amendment. Is that unconstitutional? I mean, is it unconsitutional to demand an amendment to the constitution? I don't think so. Now, suppose a political party was floated in Assam that demanded an amendment to the constitution - in this instance, with particular reference to procedure for secession of Assam. Suppose it contested the election on that platform and won a strong majority of seats. Would that be almost equivalent to a preliminary vote on demand for self determination?
I am just thinking aloud.
-----Original Message-----
From: [EMAIL PROTECTED] on behalf of Chan Mahanta
Sent: Tue 1/10/2006 12:30 PM
To: Malabika Brahma; assam@assamnet.org
Subject: Re: [Assam] What prevents India from holding a plesbicite
>Chandan da thinks he is right.
*** I am perfectly willing to SUBMIT to the will of the people of
Assam, as expressed in a free and fair plebiscite. Heaven knows they
have suffered enough.
> May be most of the people in Assam want seperation from India or
>may be they don't.
*** And if they had a shot at expressing themselves, AFTER they had
an opportunity to EXAMINE the TRUTHS about their condition ( as thru
a free and unfettered discussion/debate of all pertinent issues), if
they choose to remain with India and share their dysfunctional state
of the state, so be it! I shall forever hold MY peace on that.
And I salute YOU Utpal, for being able to think like that ( not that
I had a doubt).But can Ram? Can Rajen? Can Himen-da ? Can the so many
amongst us who sing the praises of democracy on the one hand, but
shall not accord the same to the people of Assam, or of Kashmir?
>I hope someday the nation called India will be matured enough to
>incorporate >the "instrument of seccession" in the constitution.
*** Me too. But we all know the reality.
At 11:23 PM +0000 1/9/06, Malabika Brahma wrote:
>Chandan da thinks he is right. So does Rajen da or Ram da or Mike da
>or my self. May be we all are right or may be not. It does not
>matter what I or you feel (the elites of Assam) , what really
>matters is what the people of Assam feel. May be most of the people
>in Assam want seperation from India or may be they don't.
>
>There is easy way to find out. Hold a plesbicite under a free
>neutral environment and avoid all bloodshed.
>
>But somehow I think the present form of GOI does not have the moral
>courage to face the free and fair ballot that would decide the fate
>of Assam or NE for that matter. Also the question is whether
>pro-independence groups of NE have the moral courage face the same.
>
>I hope someday the nation called India will be matured enough to
>incorporate the "instrument of seccession" in the constitution.
>
>Ut! pal Brahma
>
>
>
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