Herald: Do you feel that the government is going about the special status issue the right way?
Shantaram: There was a calling attention motion in this regard in the Goa Assembly, on August 1, and the Chief Minister has reportedly assured the House that he would lead an All Party Delegation to Delhi on the issue, and that, reportedly, he was confident of getting special status to Goa. It is a good sign, and I am optimistic as the BJP has a good number in the Lok Sabha and they can also request various political parties in the Rajya Sabha to cooperate. However, the Chief Minister should obtain proper advice in this matter. Had he taken that, he would not have introduced an incomplete and vague resolution in the Goa Assembly on the issue some months back.
Herald: Can you explain why you say vague?
Shantaram: The resolution introduced and passed in the Goa Assembly should have specified each and every demand for which Goa seeks legislative authorisation from a Parliamentary constitutional amendment. This should have been reflected in the resolution. I agree that the Government of India can consider the demand irrespective of shortcomings in the Assembly resolution but, if the Government of India does not desire to entertain the proposal, they will have a readily available pretext to reject the demand on the very ground that the resolution does not specify the exact intention of the Goa legislature.
Herald: Can you define your idea of special status for Goa?
Shantaram: There is a distinction between special category and special provisions under Article 371 of the Constitution. For granting special category status, no amendment to the Constitution is required, not even an amendment to the ordinary legislation. Special category status is granted by an executive order. There are about 12 states in the country which have been given special category status by passing an executive order. These states are entitled to grants even up to 90% and are also entitled to special schemes and financial packages. Goa is not seeking special category status but special provisions under Article 371. I have been demanding special provisions for Goa for the last four years. I submitted my memorandum to the Prime Minister in 2010 but the reality is that in case of such demands, a case has to be built up by State government.
Herald: Why, do you feel we need special status?
Shantaram: Land is becoming a scarce commodity more particularly in smaller States. Land mafias from foreign countries and locals too are landing in States like Goa with lot of money and buying up huge areas, creating social and economic chaos. Some of the parties have the potential to buy a whole village in a small State like Goa. States have to be empowered to enact appropriate legislations to bring in restrictions on transfer of land and other immoveable properties on grounds of duration of residential requirement in the State, social and economic needs of the State, environment and public interest, as may be specified by the law. Goa is made up of hardly 3,702 square meters of land with a population of roughly 14 lakh. An increasing number of migrants has reached an unmanageable proportions. While it is the fundamental right of every citizen under Article 19 of the Constitution to move freely throughout the territory of India, it is also the fundamental right of others to live a decent life with basic amenities provided by the State. In order to safeguard the basic rights of those Goans as also non-Goans who are settled in Goa, further inflow has to be regulated to avoid a virtual stampede in the near future.
Herald: How can this be done?
Shantaram: Article 371 of the Constitution needs to be amended by adding article 371-I as follows:-
In the Article 371-I after the words, “not less than thirty members” insert following words-
Provided further that notwithstanding anything contained in any other part of this Constitution or in any law time being in force or in any judgement or order, the Legislative Assembly of Goa shall be competent to enact any legislation –
(i) To regulate the ownership and transfer of land in public interest and in the interest and on grounds of duration of residential requirement in the State, social and economic needs of the State, environment and public interest, as may be specified by the State by law;
(ii) To regulate influx of migrants considering available resources specially, land, water, power etc and considering the sanitation and environmental aspects.
Article 371-I has made special provisions for Goa to provide for an Assembly of 40, since under Article 170(1), strength of a Legislative Assembly had to be 60.
We should suggest an amendment to the same Article 371-I to add additional provisions on the lines suggested above, for empowering the Goa Assembly to enact a legislation to regulate transfer of land in the State.
Herald: Is a constitutional route necessary?
Shantaram: The reason why we are insisting on a constitutional backing is that the State Assembly, had, in 2008, enacted a legislation to amend the Registration Act to authorize the State government to frame rules, providing for issuing direction to the sub-registrars, to refuse registration of certain documents, declared by the government as being opposed to ‘public policy’.
