The political legacy of Subash Ghisingh i.e. “Treaty of Sugauli, Article 1 & 8 of Indo-Nepal Treaty of 1950, Article 1 (3) C, Article 2 of Indian Constitution and International court of justice Hague” are being used by The Greater Nepal Activist in Nepal to claim its old legitimate Territory from India.
I, still remember once Mr Ghisingh said in his chowk bazar’s speech..., Now Gorkhaland is a Need of India, as India have NO other option BUT to declare Gorkhaland as its union of state under Article 1 (3) C, Article 2 of Indian Constitution as it is only the way out left with India to incorporate the No-man’s land of Darjeeling and Leasehold Land of Kalimpong and Dooars Constitutionally within the Republic of India.
Decoding Article 1 (3) C, Article 2:
Article 1, Name and territory of the Union:
Article (1) = India, that is Bharat, shall be a Union of States (2) The States and the territories thereof shall be as specified in the First Schedule.] (3) The territory of India shall comprise- (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired.
Article 2 = Admission or establishment of new States.-Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Hence, Article 2, Article 1 (3) C here stands with = “The Parliament may by law establish a new state comprise of others / foreign acquired territories"
Which means, considering the proposed area of Gorkhaland as unclaimed legally dispute land of Nepal, Bhutan or India; The only option left with Indian to claim the land is to declare the territory of proposed Gorkhaland as its Union of States, considering it to be others acquired territories as per Article – 1 (3) C of Indian Constitution, as it is the only article in our constitution which fits the most to claim the mentioned territories in said circumstances.
The Fate of Indian Gorkhas are waiting for its bad days or good days just like an old graveyard of an unknown soldier.