STRUGGLE FOR KARAIKAL UNION TERRITORY ......

 OUR GOAL IS MILES AWAY LET US MARCH

Karaikal, an enclave of the Union Territory of Puducherry is demanding separate Union Territory status for Karaikal. This demand has become louder and louder when the main enclave of Puducherry vociferously seeks statehood. The people of Karaikal had been subject to neglect since independence and the main enclave developed at the cost of other enclaves. If this being the case while we are under the umbrella of a union territory where Union Government had liberally filled our coffers, what would happen if Statehood is conferred for all enclaves under the current Union Territory of Puducherry, is the fear that has gripped the minds of Karaikal Union Territory Struggle Group. The General Secretary of that Group A.S.T.Ansari Babu brought out a fortnightly Karai Union Pradesam, wherein as Honorary Editor in the few issues that appeared, I could educate the people of Karaikal on the other union territories and in what way we had to struggle to get union territory status for Karaikal. It is not easy to achieve the demand without a long drawn struggle and manifold sacrifices. The Union Government headed by Manmohan Singh needed the crucial votes of the Telengana Rastriya Samithi to win the trust vote. Yet the Union Government did not yield to the separate State demand. This must be an eye opener. We have miles to go to press for our demand and to impress upon the political parties of the ruling combine as well as the parties aiming to capture power. It is not easy as some in our group think that by statements, we can get union territory status. I had repeatedly asked our group to compile statistics of the neglect doing in depth study in budgets presented at least in the past decade. Yet we have to become fully equipped to argue our case before the national parties.  

The difference between the States and the union territories particularly the 28 states and the 7 union territories had to be compared with experiences in other parts of the world. Longer periods of constitutional changes only shape a country, creates its constituents, determines its powers. Let us have a look at Canadian experience.

Canada has a constitution - the Constitution Act of 1982. The constitution talks about all sorts of things, like what official languages are and what individual rights are. The constitution works together with system of laws to make up the rules of the country. The constitution also indicates what provinces is a part of Canada and what the powers of those provinces are. For example, provinces have jurisdiction over education and the environment. Territories on the other hand are created by Federal Law. That means the territories have a bit less power than the provinces. They still have representation in the federal government, but don't have provincial governments. The biggest difference is that the provinces get to vote on changes to the constitution but the territories do not.

Up until 1982, Canada didn't have a Constitution. It had the British North America Act. This Act functioned the same way as the Constitution does, but reflected continuing close ties to Great Britain. Up until 1982, most changes to the British North America Act had to be passed by the parliament of Great Britain. In 1982, under Prime Minister Pierre Trudeau, the Constitution Act was passed. This act did two main things: it added a Charter of Rights and Freedoms and it made the process of changing the constitution something that Canadians could do on their own.

Constitution Act, 1867 (Formerly known as the British North America Act, 1867) After the war with the colonists in the United States, Queen Victoria decided it would be in the best interests of everyone involved to consent to the formation of a parliament within Canada. This parliament made decisions and laws for Canada. Like Great Britain, it had a House of Commons and a Senate. However, the Crown's (the Queen's) representative, called the Governor General, had the 'Power of Disallowance'. This allowed him to revoke any federal law within two years after it was enacted. He could also withhold assent from a bill for a period of two years ultimately preventing it from becoming a law. The provinces of United Upper Canada (Ontario), Lower Canada (Quebec), Nova Scotia and New Brunswick were recognized as forming the Dominion of Canada. The Crown's representatives for these provinces were called the Lieutenant Governor (one per province). They could also withhold assent from bills and revoke laws but had a one year time limit.

Parliament of Canada Act, 1875 gave parliament the power to regulate its members. Adjacent Territories Order admitted all remaining territories of British North America surrounding Canada (except Newfoundland) into Canada. Although they were now part of Canada, they didn't automatically become provinces at this point. Constitution Act, 1886 (Formerly British North America Act, 1886) Allowed parliamentary representation for citizens residing in the Territories. Canada (Ontario Boundary) Act, 1889 Extended the boundaries of the Province of Ontario. Statute Law Revision Act, 1893 repealed certain obsolete laws Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2 (Repealed by the Constitution Act, 1982) confirmed the rules around the Deputy Speaker of the Senate. Yukon Territory Act, 1898 Separated the Yukon Territory from the Northwest Territory Alberta Act, 1905 (Formerly The Alberta Act, 1905) Created the province of Alberta Saskatchewan Act, 1905 (Formerly The Saskatchewan Act, 1905) Created the province of Saskatchewan Constitution Act, 1907 (Formerly British North America Act, 1907) Changed the way money was transferred between the federal and provincial governments. Constitution Act, 1915 (Formerly British North America Act, 1915) Changed the number of seats in the Senate from 72 to 96. British North America Act, 1916 (Repealed by Statute Law Revision Act, 1927) Extended the term of Parliament during World War I Statute Law Revision Act, 1927 repealed the previous act (since the war had ended)

Constitution Act, 1930 Transferred all rights and interests of certain natural resources of the provinces of British Columbia, Alberta, Saskatchewan and Manitoba. Statute of Westminster, 1931 Removed legislative authority of Parliament in Great Britain over its Dominions (Canada, Australia, New Zealand, South Africa, and Newfoundland) yes, at the time, Newfoundland was a separate Dominion from Canada at this point Constitution Act, 1940 (Formerly British North America Act, 1940) Gave the Federal Government the power to legislate laws repealing unemployment insurance. British North America Act, 1943 (Repealed by the Constitution Act, 1982) Delayed the re-adjustment of the seats in the House of Commons until World War II was over. British North America Act, 1946 (Repealed by the Constitution Act, 1982) Increased the number of members in the House of Commons to 255. Letters Patent Constituting the Office of Governor General of Canada Clarified the role of the Governor General. (The Crown's representative in Canada) Newfoundland Act (Formerly British North America Act, 1949) Created the Province of Newfoundland. British North America (No. 2) Act, 1949 (Repealed by the Constitution Act, 1982) Gave the Parliament of Canada limited powers to amend the constitution of Canada. Statute Law Revision Act, 1950 repealed some out of date laws

British North America Act, 1951 (Partially repealed by the Constitution Act, 1964, Repealed by the Constitution Act, 1982) Gave the Federal government the power to enact laws regarding old age pensions. British North America Act, 1952 (Repealed by the Constitution Act, 1982) Increased the number of members in the House of Commons to 263. Constitution Act, 1960 (Formerly British North America Act, 1960) Changed the Length of term of office for superior court judges to 75 years of age instead of for-life.

Constitution Act, 1964 (Formerly British North America Act, 1964) Gave Parliament the power to legislate laws regarding old age pensions. Constitution Act, 1965 (Formerly British North America Act, 1965) Changed the length of term of office for Senators to 75 years of age instead of for-life. Constitution Act, 1974 (Formerly British North America Act, 1974) Changed the rules for calculating the number of MPs to sit in the next Parliament. Constitution Act (No. 1), 1975 (Formerly British North America Act (No. 1),

1975) gave the Yukon and Northwest Territories representation in the House of Commons. Constitution Act (No. 2), 1975 (Formerly British North America Act (No. 2),

1975) changed the number of Senators from 110 to 112. Gave the Yukon and Northwest Territories each one seat on the Senate. Miscellaneous Statue Law Revision Act, 1977 A law which made some technical corrections and name changes to previous acts. Canada Act, 1982 Last act requiring the sign off of the Parliament of Great Britain From that time on, the British Parliament relinquished the power to affect any Canadian laws, including the Constitution. Constitution Act, 1982 (Part of the Canada Act, 1982) Includes the Charter of Rights and Freedoms. Includes the "Notwithstanding clause". This allows the governments to suspend parts of the Charter of Rights for a period of 5 years (at which time it must review the suspension). In December 1988, Quebec invoked the notwithstanding clause related to Bill 178 (its language law). Bill 178 required signage outside stores to be French only even thought that violated Canada's Charter of Rights. (You could not have an English sign in Quebec). In 1993, a report that Bill 178 violated the International Covenant on Civil and Political Rights was released by a United Nations human-rights committee. Since then Quebec has allowed French/English signs as long as the French is predominant. The Act was signed by 9 of the 10 provinces. The Quebec government has never signed it. Despite this, the Act is legally binding in Canada.

Why didn't Quebec sign? There is a strong, 'separatist' movement in Quebec, including a strong provincial party that usually makes up the majority of the government members. At the time, this party was in power and did not wish to sign the constitution of Canada (because they don't want to be part of Canada). Why do they want to separate? This movement wishes to be their own country, apart from Canada. The main issue is language and culture. They are concerned their French speaking culture is being overshadowed by the majority English speaking culture of Canada. In 1995, there was even a 'referendum' (vote of all the people) in Quebec about whether the people wished to separate. The vote to stay part of Canada won by a very small majority (50.56%). No one knows what would have happened if the majority had wanted to separate -- the vote simply reflected the wishes of the people and was not legally binding. However, in a

Democratic country like Canada, the wishes of the people have great influence.

Proclamation, bringing into force the Constitution Act, 1982 (Can.) The Document that the Queen signed at Parliament Hill making the Constitution Act, 1982, law. Constitution Amendment Proclamation, 1983 recognition of rights obtained under aboriginal land claims agreements. Committed all governments to invite aboriginal and territorial government representatives to conferences on issues related to them. Constitution Act, 1985 (Representation) changed the formula for figuring out the House of Commons seats

Constitution Amendment, 1987 (Newfoundland Act) included rights and privileges of more denominational schools in Newfoundland. Constitution Amendment Proclamation, 1993 (New Brunswick Act) Amended the Charter of Rights and Freedoms to include the equality of the French and English communities in New Brunswick. Constitution Amendment Proclamation, 1993 (Prince Edward Island) Amends the Prince Edward Island Terms of Union to recognize that the province can levy tolls for the use of a, "fixed crossing joining the Island to the mainland."(Specifically, the Confederation Bridge.) Constitution Amendment Proclamation, 1997 (Newfoundland Act) Allows the

Government of Newfoundland to take control of establishing and continuing denominational and nondenominational schools. Constitution Amendment, 1997 (Quebec) Gave Quebec the sole power to determine the system of education used there -- this allowed them to reorganize the school boards for separate French and English schools.

Constitution Act, 1998 (Newfoundland Act) There is no mention of denominational schools, so a single school system can be established. Courses in religion are guaranteed, including religious observances at the request of parents. Constitution Act, 1999 (Nunavut) Allow Nunavut to be represented by one Senator and one Member of Parliament. Constitution Amendment, 2001 (Newfoundland and Labrador) Changed the name of the Province of Newfoundland to the "Province of Newfoundland and Labrador".

Reproducing Canadian constitutional path instead of narrating the amalgamation of princely states into Indian Union and the linguistic division of states and union territories, is just to remind our colleagues who chat in street corners, as if by just a Delhi trip and presentation of memorandums, our goal of union territory could be realized. A powerful people’s movement must be built. Truth is bitter but let us struggle hard with sacrifices to march towards our goal.

N.Nandhivarman, Honorary President, Karaikal Union Territory Struggle Group.