Constitutional amendment necessary for GTA Act: Centre to HC

In an embarrassment to the state government, the Centre on Friday told the Calcutta High Court, which is hearing a bunch of petitions challenging the legality of the Gorkha Teritorial Administration (GTA) Act, saying a constitutional amendment is required to enforce the Act and an amendment bill in this connection will soon be placed in Parliament.

Both the state government and the Gorkha Janmukti Morcha, which is currently ruling the GTA, had earlier told the court that no such constitutional amendment was required to enforce the GTA Act, which was passed by the State legislature following a tripartite agreement signed between the GJM, state government and the Centre earlier this year.

Gorkha National Liberation Front (GNLF) chief Subash Ghisingh is one of the petitioner who has challenged the constitutional validity of the GTA Act saying the Act could not stand legal validity unless the word GTA replaces the word Darjeeling Gorkha Hill Council (DGHC) in the constitution. Three other petitions also challenge the GTA Act and the formation of the new administrative unit saying the law did not honour the sentiments and demands of other ethnic communities in the area except the Gorkhas.

Following the Centre's submission, Justice Dipankar Dutta today said what would be the consequences if the court scrapped the GTA Act? "A vacuum would be created?" questioned Justice Dutta.

To which Ghisingh's counsel Arunava Ghosh replied that in such a scenario the DGHC would replace the GTA.

The next hearing will take place after two weeks.

Please read our terms of use before posting comments
TERMS OF USE: The views expressed in comments published on are those of the comment writer's alone. They do not represent the views or opinions of The Indian Express Group or its staff. Comments are automatically posted live; however, reserves the right to take it down at any time. We also reserve the right not to publish comments that are abusive, obscene, inflammatory, derogatory or defamatory.