misplaced-rhetoric-about-snatching-away-chandigarh-from-punjab

Chandigarh is the undisputed capital of Punjab. The ‘City Beautiful’ was specially carved out and built to be the capital of the state. Those who were behind building the capital, particularly Pandit Jawaharlal Nehru and Partap Singh Kairon would never have imagined Punjab without Chandigarh. Chandigarh was actually a unique gift from Nehru to Punjab; the state he had special fondness for.

 

Thanks to the 'Punjabi Suba Movement’, that both Nehru and Kairon were strongly opposed to, Punjab was reorganised and three new states were created­­­—Punjab, Haryana and Himachal Pradesh. In fact, it is a tragedy for a glorious region and land like Punjab with such a magnificent history to suggest that it was founded on November 1, 1966. It was actually fragmented further that day.

 

While the Punjab Reorganisation Act 1966 clearly and categorically states that Chandigarh will be the capital of Punjab even after “reorganisation”, it was not transferred instantly for practical and logistical reasons, nothing else. Since Haryana was to build its own new capital, which would take time, there was a specific time-period during which it could use Chandigarh as its capital along with Punjab.

 

Obviously, those crying hoarse today that Chandigarh is being snatched away from Punjab, in the haste and hurry to get a “Sikh majority” province, appeared to have made a compromise by letting Haryana share the capital with Punjab.

 

Haryana had accepted that it will build a new capital. Hisar, one of the oldest cities in the state was originally planned to be the state capital. Legendary former Haryana chief minister Bansi Lal had initiated the process. The buildings in the district administrative complex in Hisar had been built with an intention to house the government secretariat and not an administrative complex.

 

As the relationship between the Akalis and Indira Gandhi started souring, the issue of transfer of Chandigarh to Punjab got delayed. In the meanwhile, Haryana was also discouraged from building its new capital. As the time lingered on, the transfer of Chandigarh to its parent state got delayed and “disputed”.

 

Successive governments in Punjab have not taken any strong or stringent position about getting Chandigarh transferred to Punjab. Apparently for the reason that the existing arrangement is working well and Punjab will have to transfer some Hindi-speaking areas in Abohar and Fazilka to Haryana. Another question is will the people living in Chandigarh want the city to be transferred to Punjab?

 

The existing arrangement is suited for Punjab with the Governor of the state being the Administrator of the UT since 1984. Prior to that the UT was administered by a Chief Commissioner. It was for security reasons that the Punjab Governor was made ‘ex-officio’ UT administrator, although no law has been passed.

 

As regards the current controversy created about the proposed 131st Amendment to the Indian Constitution—which was earlier believed to be brought in the winter session of the parliament—the Union Home Ministry, after strong cross-party resistance in Punjab, clarified that there is no such plan. However, given the rising political temperature in the state, mere assurance may not satisfy anyone here.

 

Also read: Centre's Chandigarh bill sparks major political row

 

Apparently, the proposed amendment was purely for administrative reasons and there was no plan to disrupt the existing arrangement of the Punjab government being the UT administrator as well. Bringing Chandigarh under the purview of the Article 240 from 239, in any case, will not change its status. It will remain a UT.

 

Initial reports suggested that the proposed amendment does not mandate that it will have a separate administrator of its own as is being claimed across Punjab by most political parties.

 

In fact, there is no constitutional guarantee even now that the Punjab Governor shall be its ex-officio administrator. The practice was started in 1984 in view of militancy in the state for better security coordination.

 

If any government at the Centre wants to change the existing arrangement for appointing an exclusive administrator, it can do that without needing to pass any special law, although that will not be advisable given the sensitivities involved. Bringing Chandigarh under the purview of the Article 240 empowers the President to make certain regulations for the UT, which will have the same legal power as an act of parliament/ legislature. This is because UTs like Chandigarh or Lakshadweep do not have their own legislatures unlike Jammu and Kashmir or Puducherry. The intent of the amendment appeared to be smooth administrative functioning backed by legal guarantees rather than changing any administrative status.

 

As for the issue of Chandigarh being part of Punjab, it has been settled long ago in the Punjab Reorganisation Act 1966 itself and reaffirmed and reiterated time and again. Under the Act, Chandigarh was carved out as UT and joint capital of two states till the time Haryana would build its own capital. Once that was done, Chandigarh would automatically go to Punjab.

 

Chandigarh was originally built to be the capital of united Punjab. Hence Punjab has natural right over Chandigarh that no power or constitutional amendment can alter, even after the reorganisation of the state. The reactions by various political leaders appear to be misplaced.

 

Thankfully the Union Home Ministry has issued a clarification that there was no such intention or purpose to change the existing set up. This should set to rest all the speculations. But given the fact that Punjab is going for elections within a year or so, this issue will not be allowed to die down.

 

Political parties will do well by not trying to create an issue when there is none that too on a highly sensitive and emotive issue like Chandigarh. Yes, target the BJP and its government at the Centre, if it has done anything against Punjab. But creating an issue where none exists is not in the interest of the state as it has a potential to boomerang and spiral out of control. While the BJP as the ruling party at the Centre has the duty to respect the sensitivities and emotions of people, the opposition has to be equally responsible not to try to exploit such sensitive issues when there is no reason to do that.