Jharkhand: Political history
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| + | =Local Persons, Definition of= | ||
| + | ==1932, 2022== | ||
| + | [https://indianexpress.com/article/explained/explained-politics/why-jharkhand-wants-to-define-a-local-with-1932-as-the-cut-off-for-domicile-8153869/?utm_source=newzmate&utm_medium=email&utm_campaign=explained&utm_content=6386461&pnespid=FrYt7EtV7n9NxUab4Y7LSRkRsEs8x6lvugpRAq0RaJLKKKGZK5h593yRakn_ZN1V6.9JTCIb Abhishek Angad, Sep 16, 2022: ''The Indian Express''] | ||
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| + | 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. | ||
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| + | 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. | ||
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| + | ''' The 2022 draft Bill ''' | ||
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| + | 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”. | ||
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| + | 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. | ||
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| + | ''' The 2016 executive order ''' | ||
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| + | 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”. | ||
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| + | 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? ''' | ||
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| + | 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). | ||
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| + | 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”. | ||
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| + | ''' 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. | ||
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| + | ''' Sidestepping legal challenge ''' | ||
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| + | 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. | ||
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| + | 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. | ||
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| + | 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. | ||
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| + | 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. | ||
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| + | If this is done, there will be lesser chance of a legal challenge. | ||
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The voting commenced at 7am and will end at 3pm, Election Commission officials said. | The voting commenced at 7am and will end at 3pm, Election Commission officials said. | ||
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Latest revision as of 06:06, 1 October 2022
This is a collection of articles archived for the excellence of their content. |
Contents |
[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] 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.
