[Assam] ULFA : Demand for full autonomy of Assam/4

[Chan Mahanta]

Dear Friends:

I now come to the creation of an Upper House issue. I think it is an 
idea that has a lot of merit and Assam really does need it to be able 
to deal with the many conflicts that continue to arise from the 
rights and interests of all the indigenous communities that make up 
our Oxomiya heritage.

I would submit that this upper house also should be designed as an 
institution to serve as  checks and balances against a number of 
other critical issues. There are many, but allow me to touch on those 
that
come to mind immediately. And I hope others will add to them or make 
other suggestions:

	*** The ministers in the state cabinet act as 
chief-executives of their respective
	administrative branches. It is a big responsibility but often 
assumed by people without
	commensurate abilities. They are currently appointed by the 
Chief Minister, obviously
	on the basis of political clout and not on the ability to 
perform as CEOs.  This has ill served
	the people as is widely evident. It is time that Assam 
changed that. Perhaps the Upper House
	will be an institution to review the QUALIFICATIONS and 
CHARACTER of the CM's
	appointees and CONFIRM them, before they can assume their 
responsibilities as ministers.

	*** A functioning , able and just judicial system is an 
essential institution of a democratic
	state. Assam must take control of this institution, reform it 
bottom to top to render timely
	justice. An institution is only as good as the people who run 
it. The justices of its highest
	courts are its ultimate quality assurers. And the quality of 
justice is not merely  in the
	interpretations of the laws, but also having a solid 
understanding of the people, its cultures,
	its aspirations and standards of quality--even if only as 
imperfect as the population.  It is
	therefore of critical importance that these justices be local 
people and not some that Dilli
	sends over as punishment posts. Nor should they be 
inexperienced youth in the form of
	DCs from far off areas, selected on exam scores alone,  and 
unaccustomed to the needs
	of the local people.The highest court judges must be selected 
not only on the basis of
	legal qualifications, but on personal character and other 
intangibles.  They should be
	nominated by a panel of informed citizens and CONFIRMED by 
the Upper House.

	*** In order to avoid the pressures of re-election and 
associated political pressures, the term
	of office for members of the Upper House ought to be longer 
than the tenure of the
                    members of the Lower House.

I am sure there are other pooints to delve in. But let us have a 
disacussion and see what other issues arise.

Best.

cm





























>
>To create an upper house, representing equally by all the indigenous and the
>ethnic groups. Besides all indigenous people, other people those who have
>already settled in Assam permanently as for example Bengalis, Biharis,
>Marwaris, Punjabis, Nepalis and tea-tribes will be considered as ethnic
>groups and will enjoy equal representations.
>
>
>
>                           The upper house will be free to discuss, determine
>and taking decisions on the proposed legislations and development schemes of
>Assam in the best interest of the people of Assam. The objective principle
>of the house is to safeguard the interests of indigenous and ethnic people.
>
>
>
>    1. The Upper House will be constituted selecting and electing number of
>    representatives from all ethnic groups. Central and State governments will
>    not be having the power and rights to dissolve the house. Only the
>    electorates through referendum shall have the right to reject or dissolve
>    the house.
>    2. Small ethnic groups will be having the rights to select
>    representatives through their socially recognized institutions and
>    organizations and the major ethnic groups will elect their representatives
>    through elections.
>    3. All the ethnic groups shall have the right to recall or replace their
>    representatives.
>    4. The representatives of the house will elect a leader and a deputy
>    leader. Rotation wise every ethnic group will elect a speaker and a deputy
>    speaker of the house and their term will be for a period of 1 year.
>    5. The responsibilities of the representatives of upper house will be a
>    service- oriented nature. There shall be no provisions for salary and
>    pensions but expenses relating to maintenance, medical, traveling
>    allowances, office and its maintenance and its security shall be borne by
>    the state government.
>
>
>
>
>
>*The Rights and Powers of Upper House *
>
>* *
>
>    1. Right to discuss, analyze and taking decisions on all proposed laws
>    and legislations and developmental schemes of Assam by ascertaining whether
>    it is in the best interest of Assam or not and will be free to amend or
>    reject such laws, legislations and schemes and such actions cannot be
>    disapproved by the concerned governments.
>    2. The main objective of upper house is to safeguard the existence and
>    development of all the indigenous and ethnic groups and to examine the
>    proper implementations of all the laws, legislations and developmental
>    schemes.
>    3. It will be statutory on the part of the concerned governments to send
>    the copies relating to the approval and implementation of all laws,
>    legislations and developmental schemes to the upper house.
>    4. Rights to amend , settle the matters relating to the disputes of
>    implementation of laws, legislations, developmental schemes, ethnic
>    conflicts, boundary and other disputes with the neighbouring north-eastern
>    states on the strength of majority support of the representatives. It shall
>    be obligatory on the part of the concerned governments to accept such
>    amendments and advices and to implement the same
>
>
>
>
>
>*An administrative system based on Equal Rights, Status, and Development in
>their own land for indigenous and ethnic people.*
>
>* *
>
>In the proposed regional autonomous administration, the power will be
>de-centralized by creating district councils and by delegating powers to the
>grass root levels. There will be zonal and village councils under district
>councils.
>
>
>
>  District councils will be under the complete control of the major
>indigenous people or groups and the other small indigenous and ethnic groups
>will be able to assert their rights and fulfillment of their aspirations
>through the zonal and village councils. While the implementing these
>provisions a situation may warrant to reorganize some districts.
>
>
>
>There will be no hindrances to major indigenous people or group to form
>district councils, having a definite area of their own but the splintered
>indigenous and ethnic groups will be able to assert their rights and fulfill
>their aspirations through zonal and village councils.
>