Latest revision as of 11:48, 16 December 2024

[edit] Local Persons, Definition of

[edit] 1932, 2022

Abhishek Angad, Sep 16, 2022: The Indian Express

The Jharkhand Cabinet approved the draft ‘Local Resident of Jharkhand Bill’ for defining a local, keeping 1932 as the cut-off year for ‘proof of land records’ for the purpose.

According to sources, the draft Bill, titled ‘Jharkhand Definition of Local Persons and for Extending the Consequential, Social, Cultural and Other Benefits to Such Local Persons Bill, 2022’, will be passed by the Assembly next and then sent to the Centre with a proposal to place it in the Ninth Schedule of the Constitution.

The 2022 draft Bill

The Bill states that the local residents’ policy of 2002 was challenged before the Jharkhand High Court in two Public Interest Litigations which set aside the definition of the local persons and also gave direction to decide “afresh/redefine” and “prescribe the guidelines for determination of local persons taking into account the relevant history of the state”.

As per the draft Bill, a local will be a person whose name or his ancestors’ name is recorded in the survey/khatiyan of 1932 or before. In case of persons who are landless, local persons shall be identified by the Gram Sabhas based on the culture, local customs and tradition, among others.

The 2016 executive order

In 2016, the Raghubar Das government redefined ‘locals’ through an executive order, essentially setting the cut-off year as 1985 for proof of residence in Jharkhand. It said that the decision was arrived at after discussions with “different political parties, intellectuals, and various social organisations”.

However, the current draft Bill says that the MLAs from the state have been consistently raising the issue in the Assembly to recall ‘the local persons’ criteria’ as defined in 2016. It adds that several demands were made to define and identify local persons on the basis of 1932 khatiyan.

Why 1932?

The draft Bill says the definition of local persons on the basis of ‘1932 khatiyan’ is based upon the fact that “living conditions, customs and the traditions and social development” of the ‘moolwasis and people from tribal community’ have been negatively impacted due to pre and post 1932 migration of people from other states to Jharkhand (erstwhile Bihar).

It argues that the percentage of people from Scheduled Tribes and moolwasis has seen a steady decline since the census of 1941 in Jharkhand. It attributes various reasons behind such decline, but the Bill says that it “cannot be denied” that there needs to be “affirmative action at the policy level” for the development of STs and moolwasis. The Bill states that identification of the local persons was a “compelling necessity” to provide “social, cultural, educational, service and other benefits to them”.

Benefits for ‘locals’

According to the Bill, the locals will receive “certain rights, benefits, and preferential treatment” over their land; in their stake in the local development of the rivers, lakes, fisheries; in their local traditional and cultural and commercial enterprises; in their rights over agricultural indebtedness or availing agricultural loans; in maintenance and protection of their land records; for their social security; and even in case of employment both in private and public sector; and for trade and commerce in the state.

Sidestepping legal challenge

The Babulal Marandi government too brought a similar policy in 2002, but it was struck down by the courts. But the current government seems to have thought about sidestepping that legal hurdle.

The Cabinet note gives a clear indication that the Act will not come into force until it is included in the Ninth Schedule of the Constitution to avoid judicial scrutiny.

The Ninth Schedule of the Constitution contains a list of central and state laws which cannot be challenged in courts. However, the courts in the past have said that it can be reviewed if it violates the fundamental rights or the basic structure of the Constitution.

The state government will send the Act to the Centre and request for a Constitutional amendment for the Act’s inclusion in the Ninth Schedule.

If this is done, there will be lesser chance of a legal challenge.

[edit] National politics: the importance of Jharkhand

[edit] As in 2024

ASRP Mukesh, May 29, 2024: The Times of India

Ranchi : Jharkhand accounts for 2.42% of the country’s total geographical area and 2.77% of the total population. Yet in terms of representation, it has 14 seats — 2.5% share — in the 543-member Lok Sabha.


Why is such a state relevant in national politics? Primarily because of the tribal population as the state accounts for five of the 47 seats reserved for scheduled tribes nationally. For BJP, Congress and even the regional parties that fought for a separate tribal state since pre-independent times, these seats matter.


Since its formation, Jharkhand has seen BJP-led alliance govts none of which could complete a full term. Political instability hindered the state’s development, despite its rich mineral resources.


But the saffron party has improved its performance in the Lok Sabha polls. From one seat in 2004, BJP made it 12 out of 14 in 2014 and maintained the tally in 2019 by taking Ajsu party alongside. The opposition had a different story to tell. CPI and RJD were wiped off the scene in 2009 while Congress had to settle for one seat. In 2014, Congress drew a blank, but it re-emerged in 2019 with one seat. JMM, however, gave the saffron party a fight in all these elections by retaining at least one seat.


The LS polls this year will also set the stage for the assembly elections to be held later this year.


Jharkhand’s tribal population, primarily consisting of Ho, Munda, Santhal, and Oraon communities, comprises 26.21% of the state’s 3.2 crore population as per the 2011 census. The number is expected to be higher in the upcoming census.


The current non-BJP govt in the state, the JMM-Congress-RJD combine, has been at odds with the central govt since it came to power in 2019, primarily over funds. The state govt alleges it is being destabilised using central agencies. 
The arrest of former tribal chief minister Hemant Soren by ED for alleged land grab earlier this year is being portrayed as a fight for ‘tribal Asmita’ (pride) and ‘abuse of constitutional bodies’.


BJP, which was criticised for choosing non-tribal Raghubar Das as CM in 2014, lost the next assembly elections. Soon after, the state’s first CM, Babulal Marandi, was brought back to lead the party in Jharkhand. BJP has manoeuvred carefully in the state to demonstrate its ‘love for tribes’ but it has been challenged by local parties as well.


“Tribals in Jharkhand have long been demanding the implementation of the Sarna code, which would give them a separate religious identity. They have also been demanding the inclusion of their languages in the Eighth Schedule of the Constitution. With state govt backing it vehemently, tribal voters could swing in its favour in these polls,” remarked a political science professor at Ranchi University.


He said the ongoing polls may also throw a referendum indirectly on JMM patriarch Shibu Soren’s successor Hemant, to decide the future course of him and his party.


“With the incarcerated Hemant still being the face of the state’s coalition govt and INDIA bloc in the state, the LS poll outcome will also be a referendum on whether tribal voters consider him as a culprit or victim of political vendetta. It is because in the last four years, he emerged as the most vocal tribal voice nationally to stand against BJP and Modi regime,” he added.


Main opposition BJP, on the other hand, has been trying to attract tribal voters by showcasing the development work done by the central govt.


However, a slew of unsuccessful attempts to amend CNT and SPT Acts between 2014 and 2019 and the introduction of the contentious anti-conversion bill during Das’s tenure has contributed to a perception — which still persists — that BJP is an ‘anti-tribal’ party.

===THE LARGER FIGHT IN LAND OF FORESTS===
 ➤ Jharkhand accounts for 5 of the 47 seats reserved for STs


➤ Tribal population, primarily consisting of Ho, Munda, Santhal, and Oraon communities, comprises 26.2% of the state’s 3.2 crore popn as per 2011 census


➤ BJP & AJSU together won 12 LS seats in 2019 while Cong and JMM bagged one each


➤ Coming just a few months after former CM Hemant Soren’s incarceration, these polls may indirectly be a referendum on whether tribal voters believe he is corrupt or a victim of political vendetta


➤ Soren is seen as a tribal voice, standing against BJP and Modi regime

[edit] YEAR-WISE DEVELOPMENTS

[edit] 2019, 2024

The position of the various political parties in Jharkhand in the 2019 and 2024 elections
From: Nov 13, 2024: The Times of India

See graphic:

The position of the various political parties in Jharkhand in the 2019 and 2024 elections

[edit] 2019

[edit] Allies AJSU-P, JD (U), LJP distance themselves from BJP

Sourav Mukherjee, Rajesh Kumar Pandey & Piyush Tripathi, Nov 13, 2019: The Times of India

After All Jharkhand Students’ Union Party (AJSU-P) and JD (U), another BJP ally, Lok Janshakti Party (LJP), has turned hostile by deciding to go solo in the upcoming assembly polls in the state.

Newly anointed LJP chief Chirag Paswan said that his party will contest 50 of the total 81 seats. Soon after the announcement, LJP released a list of candidates for five constituencies. The move follows BJP’s refusal to allot any seat to LJP. Chirag, who was in Deoghar to hold a meeting with his party leaders, told TOI his party decided to go solo in Jharkhand after BJP did not accept LJP’s demand for six seats. He also said LJP may go it alone in the upcoming assembly polls in Delhi as well if BJP does heed its demand. He appealed to BJP to be more careful about its regional allies as they, too, have their own ambitions.

The MP from Bihar’s Jamui said,“We refuse to accept seats given as tokens. We were also ready to make compromises in favour of the alliance but there was no response. BJP released its list of candidates without even informing us.”

Chirag, however, clarified that LJP’s decision will not have any implications in Bihar assembly polls. “The decision to go solo in Jharkhand is a separate issue; it will not impact our alliance with BJP at the Centre and in Bihar,” he said.

[edit] Turncoats take centrestage

Nov 30, 2019: The Times of India

Key Highlights

Putting behind their political ideologies, several leaders including three former state Congress chiefs have switched over to rival camps in the run-up to the polls.

Former BJP chief whip Radhakrishna Kishore took everyone by surprise when he joined the AJSU Party to contest the polls from Chhatarpur, which he had won in 2014.

RANCHI: At least 18 political leaders with significant clout in their respective constituencies have switched parties after being denied assembly poll tickets in Jharkhand - a record in the state's 19-year history.

Putting behind their political ideologies, several leaders including three former state Congress chiefs have switched over to rival camps in the run-up to the polls.

While Pradeep Kumar Balmachu joined the AJSU Party, which nominated him from Ghatshila seat, Sukhdeo Bhagat moved to the BJP and secured a ticket from Lohardaga. Another ex- Congress chief, Sarfaraz Ahmad, is contesting the polls from Gandey segment on a JMM ticket.

Former BJP chief whip Radhakrishna Kishore took everyone by surprise when he joined the AJSU Party to contest the polls from Chhatarpur, which he had won in 2014.

Terming the crossovers as "politics of selfishness", state Congress spokesperson Alok Kumar Dubey said, "These leaders have betrayed common people. They are worse than chameleons. No morality, no principles, no ethics ... Their only objective is to get tickets to satisfy their lust for power."

His BJP counterpart Pratul Shahdeo said the saffron party maintained "checks and balances" before taking any leader in its fold and allotting tickets.

"Our agenda is nationalism and development. And not all leaders have been given tickets. Former ministers Samresh Singh (who had his own party-Jharkhand Vananchal Congress) and Girinath Singh (ex-RJD member) joined the BJP, but were not given tickets.

"Just coming to the party does not guarantee a ticket," Shahdeo emphasised.

Among others who deserted their parties are ex-RJD MLA Janardhan Paswan, who secured the saffron party's nomination from Chatra seat, and JMM MLA Jai Prakash Bhai Patel, who is in the fray from Mandu on a BJP ticket.

Former health minister and Independent MLA Bhanu Pratap Sahi has also joined the BJP to contest the polls on the party's ticket from his sitting constituency Bhawanathpur.

JMM General Secretary Suprio Bhattacharya said the "defectors lacked discipline and ideology".

"What matters to them is personal aspiration and not political ideology. The parties they have joined should think twice before nominating them for assembly polls," he said.

Those that quit the saffron party, include former minister Baidnath Ram, who pocketed the JMM ticket from Latehar, and sitting MLAs Tala Marandi and Phoolchand Mandal.

Marandi quit the saffron party a few days ago to join the AJSU party, which promptly gave him its ticket to contest from the Borio seat, while Mandal secured his JMM nomination from Sindri constituency.

Kushwaha Shiv Pujan Mehta, who won the Hussainabad segment as a BSP candidate in 2014, is fighting from the seat on an AJSU Party ticket.

Deosharan Bhagat, the chief spokesperson of AJSU Party, said leaders often gave in to pressure from their "support base" and switch sides. "This (switching parties) is against the country's democratic ideals. However, some of them take the plunge owing to pressure from their support base. It remains to be seen if will be able to enjoy the same clout having switched parties," he added.

Meanwhile, around 11.02 per cent polling was recorded till 9am on Saturday in the first of the five-phase elections that began in 13 Jharkhand assembly constituencies.

The voting commenced at 7am and will end at 3pm, Election Commission officials said.

[edit] 2024

[edit] Assembly elections

July 9, 2024: The Times of India

Ranchi : Jharkhand CM Hemant Soren sailed through the first trust vote of his third term in the assembly with 45 votes out of 74, including those of the two renegade JMM legislators facing disciplinary action for having contested the Lok Sabha polls as Independents, report Dhritiman Ray & ASRP Mukesh.


The BJP-led opposition staged a walkout, saying Hemant’s return to the helm was the start of another phase of dynastic governance.


“You have seen how the opposition behaved during the trust vote. I thank the speaker for conducting the vote smoothly,” Soren said.

For the first time in close to a decade, the new govt will have 12 cabinet ministers as Hemant inducted 3 new faces while benching his brother & Dumka MLA Basant Soren. Fresh inclusions are JMM’s Baidnath Ram (Latehar) and Congress MLAs Deepika Pandey Singh (Mahagama) and Irfan Ansari (Jamtara).
Stand-in CM Champai Soren, who quit on July 3 to make way for Hemant, was made minister for water resources and higher education. The buzz before the swearing-in was that Champai will become deputy CM.

[edit] Lok Sabha elections

[edit] A

June 5, 2024: The Times of India

The seats won by and the vote share of the various parties in the Lok Sabha elections of 2019 and 2024 in Jharkhand
From: June 5, 2024: The Times of India

Ranchi: The diminishing Modi magic was reflected in Jharkhand as the BJP-led NDA managed nine Lok Sabha seats out of 14 in the state: BJP won eight and its alliance partner, Ajsu Party, retained its single seat.


The INDIA bloc, on the other hand, increased its tally to five from two in 2019. All the tribal reserved seats went to the INDIA bloc, with analysts saying the ED action against JMM working president and former CM Hemant Soren did not go down well with tribal voters. JMM won Dumka, Singhbhum and Rajmahal seats; it was successful in tapping tribal sentiment as the BJPled govt at the Centre refused to include a separate Sarna Code in the census register.


The Sarna Code refers to a proposal for a separate religious code for tribal communities in India who follow Sarna, or nature worship.


BJP had fielded Shibu Soren’s elder daughter-inlaw, Sita Soren, from Dumka, but she was defeated by JMM’s Nalin Soren by 22,527 votes. In Singhbhum, the saffron party fielded Congress turncoat Geeta Kora but she, too, lost, to JMM’s Joba Majhi, by 1,68,402 votes. The case was the same in Rajmahal where JMM’s Vijay Kumar Hansdak retained the seat, defeating BJP’s Tala Marinade by 1,78,264 votes.


Congress also succeeded in tribal reserved seats — Khunti and Lohardaga, where Kalicharan Munda trounced Union agriculturecum-tribal-welfare minister Arjun Munda by 1,49,675 votes and Sukhdeo Bhagat defeated Samir Oraon by 1,36,427 votes.


BJP’s charisma continue to have effect in the urban pockets of Ranchi, Jamshedpur, Dhanbad, Hazaribag and Godda. It also registered victories in Palamu, Chatra and Koderma, while partner Ajsu Party retained Giridih. 
Union junior minister Annapurna Devi was successful, defeating Vinod Singh of CPI (ML) in Koderma by 3,76,240 votes.


For BJP, changing candidates proved expensive as the winning margin, vote share and number of seats dropped in comparison to the previous election.