Sunday, March 6, 2011

Telengana issue- demand for smaller states

Hegel famous statement that:"state is the march of God through history" is more apt to a technology led globalization era and globalize world than ever before. It is a march of public power in a globalize world to transform it self in to the Godly global soverign power subordinate to God and to none else individually. This is the  towards one end of global centralization of public power. But there is one more dimension to the globalization process. It is human character i.e.  realisation of self, autonomy and right to self determination, freedom and security and pursuit of ones own happiness. This is democratic decentralization of power and privatization and privacy rights. The demand for smaller states has to be understood from this perspective and resolved.
http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/132.html

Globalization-state craft: While globalization is an inevitable process, given the peaceful transformation of global socio-economic and political issues arising out of the inevitable process, the smart state craft lies in understanding this process and set in motion socio-economic and political reforms including the demands for the changes in forms of governments that promotes country to higher level of socio economic development than the global average indexes.

politically united India- independant judiciary: What means is a question of country specific and for India to overcome historically proved political disunity as one of its greatest deficiencies, this process has to be in line with a free market economy with strong politically united democratic and secular central government with equally strong decentralized local governments that promotes local autonomy and democratic choice as a checks and balances against any tyrannical abuse of central or local political power.
Free markets doesn’t mean freedom to manipulate political and economic powers to subvert the  market prices, regulatory discretionary powers , constitutional rule of law  through corrupt practices and existence of  independent judiciary to check the abuse and corruption of such public power which include the corporate public power, political parties, religious bodies Power has to be institutionally built in.

Therefore, recognizing and forming of smaller states in the historical Indian context, and legacy of smaller princely states, territorial provinces with their own distinguishing social-cultural kinships and bonds, for sub national local political autonomous units under the politically united federal, strong constitutional rule of law is not against the national security or economic development. On the contrary, Refusing to recognize, or derecognizing by force is counter productive to the constitutional goals of assuring every citizen of justice social, political, economic rights and its adverse impact on the economy and its free market prices as the rule of law.

AP state governmental form: conundrum:Take an instance of AP. This is formed by incorporating some territories from British ruled sarcar coastal districts and ceded rayalaseema districts with portions of erstwhile Hyderabad princely state after its merger with Indian Union. This is a political union of three different regions with their own distinguishing socio cultural kinship and bonds and the common factor being the language Telugu. The political union has not brought the desired  integration of socio cultural kinship or bonds and even the language has its own distinct slang even after 60 years of state formation and continues to separate them on regional lines. Political union has the net effect of democratic majority in legislative assembly and councils to once madras state “seemandra” and its effect is the political and executive control of state by seemandra representatives and its abuse in matters of discretionary powers  like awarding contracts, state subsidies, exemptions in trade and  business matters, in land acquisitions and housing schemes, mines and mineral and making appointments to the posts and offices under the state and public undertakings by practicing lack of transparency and accountability  due to the  inherent defect in our parliamentary form of government where the executive and legislature is combined in same party and Chief Minister or Prime Minister.Net effect is galoring of complaints of one region of  being colonized by other dominant region with no socio- economic kinship  or cultural bonds. This is so in many cases of demands for autonomy/ independent statehood in many parts of India. Telengana issue is an old one among the many such common demands for independent self governing statehood under the constitutional federal protection.

National security, economic development is not to be lost sight of. But the defects in the governmental form as it exist as the main source of corruption and regional discrimination is also not to lost sight of to bring peace and restore the “just” unbiased rule of law with in the nation as one politically and economically united  fedral state. . State is only a means to an end but not an end in itself irrespective of its constitutional ill effects in any state.

The father of nation Mahatma Gandhi has visualized the gramswaraj as the test of true democracy.I have discussed some of the salient features  market reforms(  debate for national consensus: issues” http://www.aplegalservices.com/) to be brought in through constitutional, legal, political and economic reforms with corresponding rights and remedies to the citizens for the  realization  right to life, liberty and social security and  gramswaraj with in the globalization era and the onward of march of  global state as the march of GOD/TRUTH/POWER/KNOWLEDGE on earth in history.

by S Lakshma Reddy, Andhra Pradesh High Court, India. Follow him at http://slakshma.goforthelaw.com/

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