Chief Ministers of BUSUB can act good for peace and co-operation with Nepal - An Open Letter

To,
Ms. Mamta Banerjee,
The Hon'ble Chief Minister of West Bengal,

Madam,

Your newfangled visit in Bhutan brings overwhelming response on both sides of Indo-Bhutan border and in the meantime, I take an opportunity to praise you as one of the most active Chief Ministers amongst Indian States. You are concerned with both; the state of West Bengal as well as you have same feeling of national interest. A lady of balanced oration is your identity. I first came West Bengal when CPM was in power and now you are leading this ancient and joyful state with the support of the majority: some of whom are loyal to you and some are liking you for your dedication and work towards the state. 

You are aware that in recent days our neighboring nation, Nepal, is upset with India for various reasons including but not limited to the over critical nature of politicians in rein. The over possessive patriotic nature of Madheshis who want my way or high way is the bitter spices of the upset within the Nepalese authorities. We must not forget that democracy in Nepal is the birth child of insurgency. Insurgency of last respected people, insurgency of those who were deprived of modern world and insurgency of those who basically had not even an iota of any idea. 

The world is decked out with a concept of anti-religious sentiments. Religious tolerance is now becoming an obsolete word and anyone advocating for the same are least tolerated. I would like to seek permission from the so called great leaders of the world that Dear Mr. Leaders, you have miserably failed before the CHEAP POLITICS of religion. You get a sample and apply it to population which is wrong. What are you going to gain? Can you, Mr. World Leaders, name me any politician who in modern days earned more name and fame than Lincoln. You cannot. You know why? Because my dear leaders, there must be a noble cause in your social life.

Madam, what I am going to discuss with you and want to tell the Hon'ble Chief Ministers of Bihar, Uttar Paradesh, Sikkim and Uttarakhand is the same. You are pro-active in International relations and hence I am directly addressing it to you. I have the same respect and honour for them as you have, But you are my Didi. I am confident that they will treat this letter as if this is addressed to them. Now coming to the point directly.

The constitution of India vide Article 51 empowers you, the Indian states through directive principle of the states to accord with an International Treaty with the neighboring country to (a) promote international peace and security, (b) have friendly relations with other nations, (c) foster respect for international law and treaty obligations and (d) encourage settlement of international disputes by arbitration. Now for the sake of clarity, I would like to submit before you that I have my eye open and I know Article 253 of our constitution makes our country some kind dualist in nature and according to this and quoting the words of Constitutional Expert, P.M. Bakashi, "International treaties do not automatically become part of national law. They have to be incorporated into the legal system by appropriate domestic law. Power to implement treaties belongs exclusively to the Union". And the Hon'ble Supreme Court of India many times have ruled that directive principles can override in case of interest of people at large is involved and also it can be put before you that the national legislature got power to pass any law contrary to the international law and that must be respected.   

When you work for the Madheshis and suggest a midway to end the clash, I do not think that the Union shall have guts to block the treaties you signed. You please take your own decision without any influence from the center as they have miserably failed on this issue and disputed the facts in such a way that none other than only Madheshis are looser. And yet, I have to say you, if so the center rejects your treaties, "normativist power ultimately remains with the people and therefore any functionary of a central power has to be an outcome of social contract." Social contract as your treaties shall be helpful for the Madheshis and will restore as well as uphold the long lasting relationship with the Neighboring Country, Nepal with whom our cultural ethos matches. 

Jay Hind! Jay Bengal! Jay Bihar! Jay Sikkim! Jay Uttar Pradesh! Jay Uttarakahnd!

Thanking You,

Sincerely Yours

Himanshu S Jha