A federal-democracy assumingly is where people of the federating units can fairly exercise their constitutional and legal rights within the ambit of twin principles of self-rule and shared-rule of federalism. The relative successes or failures of democracy essentially rests with its capacity to accommodate the diversity, both in terms of identities and ideologies.
The more peaceful the accommodation is, the better are the chances of laying down strong foundations of the principles of democracy and federalism.
The two incidents in the recent past, one in Mon district of Nagaland and the other at Lakhimpur Kheri in Uttar Pradesh, undermined the core principles democracy and federalism. With these two incidents in hindsight, it seems that both democracy and federalism the twin essential building blocks of modern nation-state are backsliding and clawing back. Is it because we have entered into what may be called as new age of rage?
So what happened in Mon district in Nagaland? On December 4, in an alleged botched up case, the soldiers of Indian Army (21 PARA SPECIAL FORCES) killed, without provocation, six coal miners and injured grievously two other miners near Oting village in the Mon district. The soldiers killed another seven village folks who protested against the instinctive and indiscriminate killings of the six coal miners.
The next day, one more civilian was killed when the protesters, in retaliation, attacked the Company Operating Base of Assam Rifles and set ablaze its buildings at Mon town. The death toll of civilians rose to fourteen and injured to thirty five during the incident.
The central government, having complete control over the Special Forces, regretted the loss of civilians and explained that it was the case of mistaken identity for insurgents due to intelligence failure. The incident, on the surface of it, appeared to be a casual disposition of signals and information by the security forces, but at a deeper level it begs the real question - can the people of Nagaland afford such kind of public insecurity?
More so, when the north-east regions including Nagaland has a history of internecine murders of innocent civilians and alleged extra-judicial killings by security forces under the cover of Armed Forces (Special Powers) Act (AFPSA), 1958.
The loss of lives simply by the strange quirk of military actions has not only outraged the people of Nagaland but also the larger civil society who seek equal rights for its citizens. To stave off the peoples anger both the central and state agencies responded swiftly. The army instituted a court of enquiry, headed by an officer of major general rank, which will focus on the intelligence and the circumstances of the ambush. National Human Rights Commission (NHRC) sought a detailed report within six weeks from Union Defence Secretary, Union Home Secretary, and Chief Secretary and Director General of Police of Nagaland.
The Nagaland government constituted a Special Investigative Team (SIT) to investigate the firings and the Nagaland State Crime Polices FIR on the incident said that army fired with the intention to murder and injure civilians. Clearly, the pitches in inquires and reports by both the central and the state agencies seem to be at loggerheads. Nagaland people are demanding upfront, among others, the repeal of AFPSA and justice to the bereaved families.
Nagaland Legislative Assembly, on 20th December, passed a resolution relating AFPSA and condemned the massacre. The resolution sought an apology from the central agencies involved in the operations of security forces. The house categorically demanded repeal of AFSPA from the North-East, and especially from Nagaland, so as to strengthen the ongoing efforts to find a peaceful political settlement to the Naga Political Issue.
Nagaland represents a typical case of asymmetrical federalism, where in there is a dialectical relations between the federal institutions administration both state and centre and the struggle of ethno-national communities of Nagaland for recognition and protection of their identities and interests. Article 371 A of the Indian Constitution accords special status and wide autonomy, qua asymmetrical federalism design, to the people from Nagaland in terms of the special or religious practices of Nagas, their customary laws and procedures, and the ownership and transfer of their land and resources.
However, the article also confers certain discretionary powers to the Governor of Nagaland, which essentially means direct control from the centre of the state administration. With draconian powers inherent in AFPSA and the Governors special responsibilities vis-a-vis state governance, particularly law and order which is the state subject, virtually most of the crucial decisions about public security gets appropriated with the centre.
An innovative all-party governance model, marked by clear absence of opposition, seems to gloss a veneer for state-democracy. Asymmetrical federalism, in case of Nagaland, obfuscates more than it protects the real issues of rights. All political regimes are accustomed to status quo, and hence any demand for restitutions of the rights of the citizens, if violated with impunity, are either seen with suspicion or scorn by them.
In the case of Lakhimpur Kheri district in Uttar Pradesh, violence erupted there on October 3, when the protesting farmers, peacefully, were run over by a high speeding vehicle allegedly by Ashish Mishra, son of Ajay Mishra, minister in the current central regime. Eight people lost their lives on the spot. The Supreme Court, after seeing the tardy investigation of the incident, took suo motu cognisance of the case and reconstituted the Special Investigation Team (SIT).
The opposition and protesting farmers demanded the resignation of the minister. What is shocking about the incident is the vengeful manner in which the vehicle mowed down peaceful protesting farmers. Equally shocking is that, according to the SIT investigation, the killings were a deliberate planned conspiracy and not at all an act of negligence or callousness.
The two incidents of gruesome snapping-off of innocent lives bring to the fore the debates and salience of constitutional-morality and fundamental rights as enshrined in our constitution. The recent regression of democracy in India, and worldwide, shows the waning of political and philosophical commitments to rights of the ordinary citizens. Right to protest, in the two cases abovementioned, was threatened by the unfettered power of the contemporary state or its surrogates.
The Indian constitution guarantees certain degree of shared-rule between centre and the state and also certain degree of self-rule by the state administration, particularly in law and order issues. The self-rule, for its smooth functioning, requires certain degree of decentralisation. This framework would necessarily create conditions for realisation of fundamental rights. Violation of right to life, in both the case, requires justice and restitutions.
Any deviation from the path of justice and restitutions would strike at the very root of the basic structures of the constitution.
Read more from the original source:
Nagaland To Lakhimpur Kheri: Rights, Regimes And Restitutions in Times Of Turbulence - Outlook India
- 2024 Lok Sabha Elections: Need to pitch for Federalism and Special Status for Goa - Herald Goa - April 6th, 2024 [April 6th, 2024]
- 1999 constitution and the quest for true federalism - Nigerian Observer - April 6th, 2024 [April 6th, 2024]
- Federalism is not Apartheid The Mail & Guardian - Mail and Guardian - April 6th, 2024 [April 6th, 2024]
- Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights 'injustices to K'taka | Inshorts - Inshorts - April 6th, 2024 [April 6th, 2024]
- Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty ... - Middle East Media Research... - February 22nd, 2024 [February 22nd, 2024]
- The Potential Impact of 'Disease X' on Federalism in the U.S. - Medriva - February 22nd, 2024 [February 22nd, 2024]
- 'People's Charter' Puts Federalism at The Heart of Myanmar's Democratic Future - The Irrawaddy - February 22nd, 2024 [February 22nd, 2024]
- Siddaramaiah vs Modi: The 'cess-y' mess in fiscal federalism - Deccan Herald - February 22nd, 2024 [February 22nd, 2024]
- Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building - ABP Live - February 22nd, 2024 [February 22nd, 2024]
- Potential of federalism should be realized: PM Dahal - The Himalayan Times - February 22nd, 2024 [February 22nd, 2024]
- Sensible education policy needed - The Kathmandu Post - October 9th, 2023 [October 9th, 2023]
- Both cooperative federalism and competitive federalism have their ... - Insights IAS - August 18th, 2023 [August 18th, 2023]
- Federalism to poll promises: South India CMs bring up host of local ... - South First - August 18th, 2023 [August 18th, 2023]
- Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over ... - Reason - May 20th, 2023 [May 20th, 2023]
- Season of instability - The Kathmandu Post - May 20th, 2023 [May 20th, 2023]
- Trump Indictment Tests Congress's Role in State Investigations - Bloomberg Law - May 20th, 2023 [May 20th, 2023]
- Big Business' New Plan Would Create Fifty New Immigration Policies - Federation for American Immigration Reform - May 20th, 2023 [May 20th, 2023]
- Senator decries move to block bill loosening Wisconsin abortion law - Milwaukee Journal Sentinel - May 20th, 2023 [May 20th, 2023]
- "Illegally buying time": Congress leader Abhishek Singhvi chastises ... - ANI News - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights - Reason - May 20th, 2023 [May 20th, 2023]
- Amid the Fight for Myanmar, Federalism Rises from the Grass Roots - United States Institute of Peace - May 18th, 2023 [May 18th, 2023]
- Lesson from Karnataka respect states and India's federalism - Deccan Herald - May 18th, 2023 [May 18th, 2023]
- Dr. Paul Nolette named director of Les Aspin Center for Government ... - Marquette Today - May 18th, 2023 [May 18th, 2023]
- Sen. Cramer Welcomes ND Witnesses, Discusses Water ... - Kevin Cramer - May 18th, 2023 [May 18th, 2023]
- Utilities, Transmission, and the Grid: An Interview with Ari Peskoe - Brown Political Review - May 18th, 2023 [May 18th, 2023]
- Six months after elections, provincial governments are still incomplete - The Kathmandu Post - May 18th, 2023 [May 18th, 2023]
- NON-FICTION: WHY FEDERALISM ENDURES IN PAKISTAN ... - DAWN.com - May 6th, 2023 [May 6th, 2023]
- Justice Scalia's Unpublished Dissent in Kelo v. City of New London - Reason - May 6th, 2023 [May 6th, 2023]
- Citizens, civil society hold the ruling party, BJP to account ... - SabrangIndia - May 6th, 2023 [May 6th, 2023]
- ED Proposes Title IX Athletics Rule Requiring Participation Based ... - The Federalist Society - May 6th, 2023 [May 6th, 2023]
- The Mysterious Case of the Imposition of Article 355 in Manipur - The Wire - May 6th, 2023 [May 6th, 2023]
- Non-BJP State Governments Not Exercising Accountability, Allowing ... - Daily Excelsior - May 6th, 2023 [May 6th, 2023]
- Two years of Stalin government in Tamil Nadu: Two steps forward - Times of India - May 6th, 2023 [May 6th, 2023]
- What is the issue of gubernatorial inaction in the legislative process ... - Insights IAS - April 29th, 2023 [April 29th, 2023]
- World Bank Approves $100 Million to Strengthen Nepal's Healthcare ... - ReliefWeb - April 29th, 2023 [April 29th, 2023]
- Canada's federal transfer payment system badly needs a tune-up - The Conversation - April 29th, 2023 [April 29th, 2023]
- 50 years of basic structure doctrine | Only safeguard against majoritarian govt: Sr Advocate Ramachandran - The Indian Express - April 29th, 2023 [April 29th, 2023]
- Federalism - Definition, Examples, Cases, processes - Legal Dictionary - February 20th, 2023 [February 20th, 2023]
- What is federalism? | State Policy Network - February 5th, 2023 [February 5th, 2023]
- UPSC Key- January 19, 2023: Learn about Annual Status of Education Report, Federalism and State Legislatures - The Indian Express - January 19th, 2023 [January 19th, 2023]
- Advantages and Disadvantages of Federalism American Government - January 6th, 2023 [January 6th, 2023]
- fiscal federalism | public finance | Britannica - December 26th, 2022 [December 26th, 2022]
- About ALEC - American Legislative Exchange Council - December 12th, 2022 [December 12th, 2022]
- Canadian federalism - Wikipedia - November 23rd, 2022 [November 23rd, 2022]
- U.P. bags top honours at PMAY-U Awards 2021 - The Hindu - November 23rd, 2022 [November 23rd, 2022]
- Political Line sc views on conversions rajiv convicts and federalism and more - The Hindu - November 21st, 2022 [November 21st, 2022]
- Byron Williams: The court is poised to rewrite federalism - Winston-Salem Journal - October 17th, 2022 [October 17th, 2022]
- Why Hindi may set the tone for 2024 - Deccan Herald - October 17th, 2022 [October 17th, 2022]
- A Myanmar roadmap: Charting the path to federal democracy - International IDEA - October 17th, 2022 [October 17th, 2022]
- Next generation of reforms should focus on reducing cost of doing business - Economic Times - October 17th, 2022 [October 17th, 2022]
- Nigeria And The Intrigues Of Insecurity -By Kene Obiezu - Opinion Nigeria - October 17th, 2022 [October 17th, 2022]
- Trudeau's aggressive federalism may leave Ottawa weaker than before - The Globe and Mail - October 15th, 2022 [October 15th, 2022]
- What is Federalism? | CSF - October 15th, 2022 [October 15th, 2022]
- Kerala Against Hindi Imposition; Terms Recommendations Attack on Federalism and Diversity of Nation - NewsClick - October 15th, 2022 [October 15th, 2022]
- 2023: Well Vote for Candidate Committed to Federalism, Diversity, Says UPU - THISDAY Newspapers - October 15th, 2022 [October 15th, 2022]
- Attorney General Knudsen fights Biden administration rule requiring states to reach net-zero highway emissions - Montana Department of Justice - October 15th, 2022 [October 15th, 2022]
- How Scotland can learn from Quebec's third way on constitution - HeraldScotland - October 15th, 2022 [October 15th, 2022]
- Federalism and Why Presidents Fail - THISDAY Newspapers - September 22nd, 2022 [September 22nd, 2022]
- Vedanta and the missing spirit of federalism - The New Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To... - Live Law - Indian Legal News - September 22nd, 2022 [September 22nd, 2022]
- Urging the Use of One Federal Decision Rule to Speed Up Bipartisan Infrastructure Law Projects - Kevin Cramer - September 22nd, 2022 [September 22nd, 2022]
- Constitution Day 2022: Celebrating the right to govern ourselves - Yellowhammer News - September 22nd, 2022 [September 22nd, 2022]
- From Augusta Constitution Day: What does it mean to you? - Press Herald - September 22nd, 2022 [September 22nd, 2022]
- Explained | The office of the Governor: its origins, powers, and controversies - The Hindu - September 22nd, 2022 [September 22nd, 2022]
- Geography Professional Speaker Series kicks off with alumnus from Ohio EPA on Sept. 23 - Ohio University - September 22nd, 2022 [September 22nd, 2022]
- Vector-borne diseases trouble Nepal every year as there is not a single entomologist - Online Khabar (English) - September 22nd, 2022 [September 22nd, 2022]
- The Gujarat factor in the development project - Hindustan Times - September 22nd, 2022 [September 22nd, 2022]
- The downslide in federal relations - The Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Competition between states to attract investment will boost Indias economy - Moneycontrol - September 22nd, 2022 [September 22nd, 2022]
- For state of the nation, look at states of the nation: Niti Aayogs new chief says it will help states learn - Times of India - September 22nd, 2022 [September 22nd, 2022]
- Letters to the Editor: Queen injected vitality, vigour into lives of many - The Kingston Whig-Standard - September 22nd, 2022 [September 22nd, 2022]
- Climate action that runs on cooperative federalism - The Hindu - September 15th, 2022 [September 15th, 2022]
- The spirit of federalism - The News International - September 15th, 2022 [September 15th, 2022]
- Javier Perez Sandoval Receives the 2022 William Anderson Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- A new Constitutional Convention is a very bad idea | Opinion - Knoxville News Sentinel - September 15th, 2022 [September 15th, 2022]
- Rodney Hero Receives the 2022 Barbara Sinclair Lecture Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; 20222023 Seasons for Certain Migratory Game Birds - Government... - September 15th, 2022 [September 15th, 2022]
- Increasing Threat To Federalism From Centrally Sponsored Schemes- Need To Form A Federal Front - Countercurrents.org - September 3rd, 2022 [September 3rd, 2022]
- Breakenridge: Supporting federalism is the only way Alberta can be a partner in LNG exports - Calgary Herald - September 3rd, 2022 [September 3rd, 2022]
- Two tools for tracking the American Rescue Plans local and national impacts - Brookings Institution - September 3rd, 2022 [September 3rd, 2022]