Amarnath Shrine Board Land: Blatant Constitutional and Policy Lapse
Anurag Gangal
August 09, 2008
Revoking of the Cabinet decision for land transfer to Shri Amarnath Shrine Board (SASB) is a serious policy lapse and it is a sheer violation of the Constitution of India. It is a policy lapse for it goes against all established norms and customs of secularism in the world. It is also a violation of the Constitution of India especially in the light of its Preamble alongwith the provisions of Fundamental Rights. One wonders why the J&K Government is not able to govern properly despite having several avowed stalwart governors! On the very front of policy making, the government is dwindling time and again. Body politique and team leaders of the government should know at least the process of decision making and policy scenarios.
Peevish Policy:
Apart from several other related aspects of morality, transparency and impartiality of administration and governance, the current Governmental stand on the issue of land to Amarnath Shrine Board is wrong and peevish from a strictly administrative policy perspective as well. It is politically motivated and extremely short sighted. In this regard, it seems the government does not know the meaning of policy formulation and implementation. If this is the case, then who will govern? That is why Jammu is going towards civil war and administrative and constitutional failure. Yet governors and administrators are not bothered about the prevailing situation.
Indeed, it is difficult to believe that our politicians and administrators are not aware of these constitutional fundamentals and basic realities of policy implementation. Politicians and senior administrators must consult relevant experts before taking a final decision in matters involving the faith and self-respect of innumerable people of the State. Immaturity and impatience is not at all expected from captains and governors of the ship of state. Is this immaturity coming to the J&K from within or without? One significant sign of such self-indulgent attitude of governors and administrators is always to be found in their repeated act of ignoring the realities and sensitivities of the majority of people and citizens of the state.
Governments versus Religion:
All governors must know that almost every democracy the world over has either customary norm(s) or constitutional provision(s) anent religious activities, practices and institutions. Accordingly, governments must not get entangled into religious activities and institutions. Therefore, even most of the non-democratic regimes are also following this policy of keeping away from all religious contexts:
1. As such, governments of various states – at international, national and provincial levels – must provide all help to diverse religious institutions for smooth functioning of different trusts, committees, muths, temples, Churches, Guruduwaras and Mosques etcetera.
2. Governments – as a matter of policy – without any exception are not supposed to take up the entire responsibility of any religious activity, institution, ceremony, arrangement and functioning.
3. There can never be any diversion from this policy of keeping governments away from religious activities.
4. The history of the world since the time of the Papal domination in the affairs of the State and Government has led to the evolution of this nearly universal policy in the modern age.
5. This policy is fully operative even in countries where different states have adopted one or the other religion as their national and official faith and creed.
6. The above mentioned pointers also formulate an integral part of the policy and principle of secularism in all modern liberal democracies in general and the Preamble to the Constitution of India in Particular.
7. Therefore, as a matter of policy, no modern liberal democracy and its government can ever go for taking up the responsibility of managing arrangements for pilgrimage of the pilgrims of any religious faith.
8. Even if a government is asked to take up a religious responsibility in this regard, it has to refuse any such request for the sake of a well established policy and principle of secularism.
Civil War and Anarchy:
Once a policy is formulated, it is to be implemented fully, come what may until it stands authoritatively and duly changed. This is the case here, the world over and in the Constitution of India concerning the role of governments´ vis-à-vis religions and their varied activities. Otherwise, any aberration and violation of aforesaid policy by any government is a sign not only of highest political immaturity but also its subservience to uncalled for damaging political vested interests and subversive elements leading to a civil war and anarchy ultimately.
In view of these policy perspectives also, from among so many other angles as well, the current nonviolent movement by the people of Jammu is a fight for self-respect of the people of this pious land of temples. Police brutalities on such a nonviolent movement are actually a sign of instigation by the administration to turn protestors towards utter violence. Therefore, caution is needed on the part of people and the administration both.
Immediate Transfer of Land:
Hence, the concerned 800 kanals of land must immediately be transferred to SASB in order to rectify the blatant policy lapse and unconstitutional decision by the J&K Government. Governments and governors must not establish precedents of violating well established constitutional principles and policies. The task of religious institutions like the SASB must be looked after by their own administrative machinery. Governments must never try interfering with them on any pretext at all. Governments are supposed to help religious institutions and their activities but they are never to go for doing the job for which these institutions were created.
Sages and better minds have said that one must learn from one´s follies. Hyper activity on the part of any institution always leads to confusion and confusion confounded. It is better to be calmly active and actively calm.
Peevish Policy:
Apart from several other related aspects of morality, transparency and impartiality of administration and governance, the current Governmental stand on the issue of land to Amarnath Shrine Board is wrong and peevish from a strictly administrative policy perspective as well. It is politically motivated and extremely short sighted. In this regard, it seems the government does not know the meaning of policy formulation and implementation. If this is the case, then who will govern? That is why Jammu is going towards civil war and administrative and constitutional failure. Yet governors and administrators are not bothered about the prevailing situation.
Indeed, it is difficult to believe that our politicians and administrators are not aware of these constitutional fundamentals and basic realities of policy implementation. Politicians and senior administrators must consult relevant experts before taking a final decision in matters involving the faith and self-respect of innumerable people of the State. Immaturity and impatience is not at all expected from captains and governors of the ship of state. Is this immaturity coming to the J&K from within or without? One significant sign of such self-indulgent attitude of governors and administrators is always to be found in their repeated act of ignoring the realities and sensitivities of the majority of people and citizens of the state.
Governments versus Religion:
All governors must know that almost every democracy the world over has either customary norm(s) or constitutional provision(s) anent religious activities, practices and institutions. Accordingly, governments must not get entangled into religious activities and institutions. Therefore, even most of the non-democratic regimes are also following this policy of keeping away from all religious contexts:
1. As such, governments of various states – at international, national and provincial levels – must provide all help to diverse religious institutions for smooth functioning of different trusts, committees, muths, temples, Churches, Guruduwaras and Mosques etcetera.
2. Governments – as a matter of policy – without any exception are not supposed to take up the entire responsibility of any religious activity, institution, ceremony, arrangement and functioning.
3. There can never be any diversion from this policy of keeping governments away from religious activities.
4. The history of the world since the time of the Papal domination in the affairs of the State and Government has led to the evolution of this nearly universal policy in the modern age.
5. This policy is fully operative even in countries where different states have adopted one or the other religion as their national and official faith and creed.
6. The above mentioned pointers also formulate an integral part of the policy and principle of secularism in all modern liberal democracies in general and the Preamble to the Constitution of India in Particular.
7. Therefore, as a matter of policy, no modern liberal democracy and its government can ever go for taking up the responsibility of managing arrangements for pilgrimage of the pilgrims of any religious faith.
8. Even if a government is asked to take up a religious responsibility in this regard, it has to refuse any such request for the sake of a well established policy and principle of secularism.
Civil War and Anarchy:
Once a policy is formulated, it is to be implemented fully, come what may until it stands authoritatively and duly changed. This is the case here, the world over and in the Constitution of India concerning the role of governments´ vis-à-vis religions and their varied activities. Otherwise, any aberration and violation of aforesaid policy by any government is a sign not only of highest political immaturity but also its subservience to uncalled for damaging political vested interests and subversive elements leading to a civil war and anarchy ultimately.
In view of these policy perspectives also, from among so many other angles as well, the current nonviolent movement by the people of Jammu is a fight for self-respect of the people of this pious land of temples. Police brutalities on such a nonviolent movement are actually a sign of instigation by the administration to turn protestors towards utter violence. Therefore, caution is needed on the part of people and the administration both.
Immediate Transfer of Land:
Hence, the concerned 800 kanals of land must immediately be transferred to SASB in order to rectify the blatant policy lapse and unconstitutional decision by the J&K Government. Governments and governors must not establish precedents of violating well established constitutional principles and policies. The task of religious institutions like the SASB must be looked after by their own administrative machinery. Governments must never try interfering with them on any pretext at all. Governments are supposed to help religious institutions and their activities but they are never to go for doing the job for which these institutions were created.
Sages and better minds have said that one must learn from one´s follies. Hyper activity on the part of any institution always leads to confusion and confusion confounded. It is better to be calmly active and actively calm.
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