The uncensored Article by Adv. Antonio Lobo The case for Special Status for Goa - Antonio Lobo - oHeraldo The demand for a special provision in the Constitution of India whereunder the Goa Legislative Assembly would have the power to legislate in a manner which would protect laws that could otherwise be considered unconstitutional is neither an idle nor a whimsical demand. It comes from an anguished sense that Goa is on the road to ultimate destruction not only as the land of Goans but also for its ecology and environment. Some argue that any legislation which would put a curb on land being sold to ‘outsiders’ is uncivilized and unconstitutional and that it would not help in preserving the identity of Goa. It has to be remembered that the Constitution of India has been amended umpteen (109) and even the Fundamental Rights, in that it did not prevent Parliament from amending Article 19 to take away the Right to Property. Articles 371 (A,B,C,D) dealing with special provisions to such States as Nagaland, Mizoram and others go against the Constitution. The most paradoxical aspect of the Indian Constitution is that it protects unconstitutional laws under Article 31-B and its IXth Schedule (over 300) , held to be so by the High Courts and by the Supreme Court, are protected (including three laws of Goa). The annexation of Goa, Daman and Diu by the Indian Government is also an unconstitutional act as the Constitution of India does not envisage the acquisition of territory by the use of force. One needs to be very discerning when speaking about what is unconstitutional. An amendment is a cure-all. Presently, any law seeking to preserve land for Goans and their descendants with reasonable curbs incorporated to prevent wholesale selling of land to building lobbies from outside the State would be unconstitutional, hence the need for special provisions and an amendment to the constitution. Goa (and Daman & Diu), was annexed to India under very unusual circumstances. Having been colonies of Portugal they were entitled to decide their future political status under the provisions of the United Nations Charter and specifically under Resolution Number 1514 of 14-12-1960 which was adopted by the General Assembly (to which India was a votary). The second clause of this resolution states: ‘All people have the right to self determination, by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.’ Goa needs to put forward this argument before the Union of India, so that it understands the rationale behind the demand for Special Status and how it differs from every other State in India (including Kashmir). Goa’s right to demand and to get special protection, even from its own greedy sons if need be, who may be curbed by laws which would be deemed unconstitutional but for such an amendment, is the need of the hour. This demand is close to every true Goan’s heart which bleeds when it sees and feels the agony which his/her land is undergoing. Special status is not the panacea for all ills plaguing Goa. Caring and sensitive governments can enact legislations at this moment. The fact that they do not exist despite people’s demands speaks volumes about the caliber of governments that have ruled Goa. It is possible, and indeed very probable that the political dispensations in Goa will use the demand for Special Status as a carrot to seek to entice the voter. But it is not a canard. Neither may it be used as a diversion tactic, for the electorate of Goa can be quite discerning. Let it not be underestimated. Antonio Lobo Convener of M.S.S.G Practicing Advocate (Mapusa) Ex Executive Member of the Bar Council of Maharashtra and Goa Ex President of North Goa District Advocate’s Association
Posted on: Fri, 29 Aug 2014 06:39:47 +0000
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