Centre firm about 'basic structure' of Indian Constitution
'Federal Hoho' as was proposed by NNPG-RN Ravi talks in 2017 now finds more acceptability in 2022
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| Smart Move: Kitovi of NNPG |
New Delhi
Amid slow but gradual progress in Naga peace parleys, the Modi government is certain about one thing that there will not be any compromise on the "basic structure" of the Constitution.
"Talks are progressing....Peace is on cards but the 2017 Status Papers agreed in principle between Govt of India and stakeholders will never dilute or change the 'basic structure' of the Indian Constitution," an informed source maintained.
The NNPG delegation led by convener N Kitovi Zhimomi is camping in Delhi and held two rounds of crucial discussions during last two days with peace emissary A K Mishra.
Sources insist that the 'Roadmap to Solution' clearly emphasises that - "A Naga Solution as desired by the Naga people, the Govt of India and Nagas of Nagaland cannot be a design to create another political issue".
Meanwhile, the channel of communication between Govt of India and the NSCN-IM are also on. But the twin issues of Flag and Constitution are creating hurdles for further progress despite repeated meetings in last few days.
Even during the times of parleys when R N Ravi was at the helm of affairs and the official
negotiator, it was underlined that the "conditions laid by the Nagas to the Government of India in 1960"
cannot create anything "new" that would contravene the basic structure of the Constitution of India.
It is not something of a choice. Essentially the Government of India under any Prime Minister has a
very limited or no liberty at all to change anything such.
In fact, official sources here say way back in 1973; "the parliamentary system of India" got a clear mandate
from the Supreme Court of India in the Keshavananda Bharati case that the basic structure of the Constitution
of India could not be compromised.
As of now, the Govt of India is walking cautiously. The centre also wants all stakeholders on board and hence the
so called 'delay' is being entertained.
But sources say there's a forward movement apparently in the Naga peace talks as the proposal for
'Federal Hoho' as was prepared in 2017 papers is finding more acceptability in the
ongoing interaction and negotiation.
Some notable points are also being revisited. One such phrase is 'mutual coexistence'.
This phrase 'mutual coexistence' does not readily imply what the Govt of India would tell for example
to the US government or Pakistan. In the context of Nagaland, it essentially means "equal partnership"
of the two.
This also means "empowering each other -- that is Nagas and the Government of India through political and democratic process". This actually will mean addressing the mutual concerns of "both sides with equal status, trust and respect".
"You can complain about the pace, one may not be happy with the calendar of patience that
is being followed...but there are positive talks definitely," the source said.
It has been also stated that the proposal to set up the Federal Hoho, the Upper House of Nagaland
legislators, is finding more acceptability "more in terms of principle".
In 2017 Status Paper between Govt of India and NNPG had laid down clearly that - "The democratically
elected Nagaland Legislature shall be the Lower House known as Leacy Hoho having 80
members with a term of office for five years".
But the legislature per se shall have two Houses - the Federal Hoho (Upper House) with 46 Tribal leaders
above the age of 45 and and the Leacy Hoho/state assembly.
The present strength of state assembly of 60 members will have to be increased to 80 members.
As part of 'special provisions' it has been maintained that Nagaland will be 'exempted' from Customs Duties, Cess
and Taxes on import and transit of equipment and machinery for industrial, agricultural and energy sectors.
The Government of India will of course provide adequate funding to Nagaland to establish Tatar Hoho, Village
Councils, the Secretariat and Residential complexes.
Top level meetings are on cards only when there is "more concrete forward movement in talks" and no contentious
issues will be raised again and again.
ends
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