state & democracy in south asia (workshop)

8/11/2019 State & Democracy in South Asia (Workshop)

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Department of Political Science

University of Delhi

State and Democracy in South Asia

28th February-1st March 2!1"

#onference bein$ or$ani%ed under the #AS&SAP pro$ramme of the Department

of Political Science University of Delhi Delhi

South Asia as a geographical and cultural category, and also in some senses a post-

colonial category, has thrown up a range of issues critical for the understanding of

state and democracy in contemporary contexts. Democracy as a concept has enframed

a set of evaluative and normative standards for assessment of existing democracies.

Yet, the forms it has taken in different parts of the world, show a range of

inheritances, from the repositories of ideas about democracy from the past, to themore recent experiences of transition to democracies, decoloniation experiences, and

accompanying institutional changes, marked by constitutional insurgencies and

transformative constitutionalisms. Similarly the modern state, even as it is seen

variously, as an aggregate of power relations in society, as an institutional matrix to

achieve desired power-effects, or as an embodiment of sovereignty, which elicits

obligation and obedience through consent, takes plural institutional and ideological

forms.

!he representative forms of democracy, for example, have for long grappled with

evolving the appropriate frameworks of representation, which may best approximate

the normative value of direct democracy, which ironically the "moderns# can never

have, but cannot cease to desire. $n most of South Asia, experiences with holding

democratic elections have led to both the consolidation of the electoral system, and

also a churning within society, which has generated radical uncertainties within

electoral democracies in the region. $mportantly, democracy in the region is deeply

imbricated in the imaginaries of the political community, the state and its institutional

forms, in particular the manner it distributes and decentres power, constitutes

identities of belonging, and the mechanisms through which it makes citiens legible.

$n this context, both, the expression of identities, which take constitutional as well as

violent forms, and its "management# within a democratic framework presents

challenges, which make for constitutional and institutional innovations. $f distributionof power through federaliation of polity has been one such mechanism, the putting in

place of institutions of electoral governance has been another mechanism, which

allows for a democratic consensus over the manner in which power is exercised.

$mportantly, %uestions of institutional design are inextricable woven into and

ramifications for the lives of people.

$n South Asia, the experience of territorial parceling in the historical context of the

decoloniation and formation of nation-states, has not only generated anxieties around

cartographic nationalism, but borders have also become central to policies for the

control of movement of people, and also the conceptual tools for an examination of

migratory flows and political lives. !here has been an unparalleled convergence ofenergies across disciplines and methodologies in the exploration of border regimes,


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from those that examine borders as producing the power effects of the state and as

practices through which the state makes itself structurally visible, and others who

examine the cartographic anxieties, and the production of specially marked categories

of citiens and corresponding regimes of governmentality or the states of exception

which mark out the bare lives of migrants.

&iolent conflicts along ethnic lines has been another concern, which the governments

of the region have addressed through a politics of accords, which are invariably

negotiations over how power may be shared, and possibly democratied. 'n the other

hand, the processes of transition to and sustaining electoral and substantive

democracies through transformations in the formative practices of the state is e%ually

a shared experience in the region, although it presents different challenges in the

specific contexts which obtain in each country. !he processes of constitutional

making, institutionaliation of democratic politics, and democratiing institutions by

producing a deliberative space where political cultures of democracy and dissent may

be freely expressed rather than contained, has remained a challenge. !he

representation of diversity and the discourses of democracy which see federalism anddevolutionary as significant constitutional devices in pursuit of accommodation of

diversities, and for addressing concerns of national security and economic

development, similarly produces a common ground for evaluating democracy in the

region. !he panels of this conference expect to detail some of these experiences with

democracy in South Asian states by inviting experts on and from South Asia.

States of Democracy in South Asia 'A Plenary Session(

1) South Asia*s Democratic Deficit+ ,essons from ndia

Suhas (alshikar, Director, )okniti, *SDS, Delhi + (rofessor, Department of (olitical

Science and (ublic Administration, niversity of (une, (une.

Abstract

$t is commonplace to look upon $ndia as a relatively successful instance of practice of

democracy in the region of South Asia. hile this success is evident both from the

continuity of competitive politics in $ndia over six decades, the weaknesses of

democratic practice witnessed in $ndia too, are symptomatic of the challenges

democracy may face in the region. !herefore, a careful examination of $ndia#s

democratic deficit can alert us to the possible emergence of comparable challenges

elsewhere in the region. !he presentation would take a critical view of key challengesthat push $ndia#s democracy in the deficit one. !hese are support deficit,

institutional failures, slippage into ma/oritarianism, shrinking of politics and

routiniation of democracy. $ would review the democratic experience of $ndia at two

points in time01223 and 1245 and attempt to show that these challenges are faced by

$ndia#s south Asian neighbours at different points in time but confronting similar

outcomes. !aking off from $ndia, the larger story of democracy that emerges in the

region presents us with a paradox democracy has not necessarily "delivered#

dividends and yet, it produces hope and expectations. !hese are both drivers of

despair and catalysts of improvement.

2) .he .hreat Posed by /0tremist slamic roups to Paistan*s Democracy+,oyalty Disloyalty and Semi-,oyalty in a 3ybrid 4e$ime


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(hilip 'ldenburg, (rofessor, *olumbia niversity,

6ew York

Abstract

Although (akistan conducted a reasonably free and fair election in 7ay 1245, and the

reins of government were handed from one civilian government to another for the first

time in (akistan#s history, the country remains under threat from $slamic groups thatdo not accept the legitimacy of the form of democracy enshrined in the constitution.

e can better understand the extent and shape of that threat by making use of 8uan

)in#s classic distinction between 9loyal,: 9disloyal,: and 9semi-loyal: opposition.

!he army#s role in these terms can be seen as ambiguous, though it most commonly

acts as a 9loyal: opposition. ;ut (akistan remains a 9hybrid: regime, neither a

consolidated democracy nor a behind-the-scenes autocracy, and that affects the

likelihood that the semi-loyal opposition in the current almost-democratic system

might play a crucial role in determining its future.

5) Democracy and its discontents+ feminist en$a$ements 6ith the nation statema *hakravarty, feminist historian

Abstract

(ost colonial nation states carry not merely the marks of their erstwhile political and

cultural experiences of colonisation but also the "burdens# of nationalism, a certain

anxiety about their territorial and political status that refuses to engage with

interrogations of the nation-state and insists upon confining thinking within a set of

givens defined boundaries, which make up what a civil rights activist referred to very

aptly as "cartographic nationalism,# sovereignty of the "people#, which in effect is

confined to a particular class, and a cultural unity that is represented as defining the

"essence# of a people and thus legitimises the making of the nation-state as a

territorialformation. but much longer into scholarship, a process that is finally

underway.


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nationalism in the post colonial phase and explore the ways in which pioneering work

on feminism and nationalism in Asia suggest lines of en%uiry that can help us

understand our own politics of location.

Panel 7ne+ dentity Democracy and overnance in South Asia

7r$anised by eena 9ure:a Professor Department of Political Science

University of Delhi Delhi

South Asia is experiencing a triple explosion of awareness, aspirations and identities.

$t has also created intensified social tensions which have produced agitational and

protest movements, on the one hand, and violent conflicts and organied insurgencies,

on the other, along religious political and ethnic lines.

7ost states of South Asia are plural or multicultural societies with religions and

languages cutting across national frontiers and influencing inter-regional relations. All

the states of South Asia, perhaps with the exception of 7aldives, are witnessingviolent social and political conflicts. $n $ndia, 8ammu and @ashmir and the

northeastern region have been in deep turmoil for a long time. thnic conflicts in

contemporary (akistan, ranging from autonomy to political regression is a

manifestation of the ineluctable dilemma in the country. $n case of Sri )anka the

brutal military victory over the )!!, the federal idea or constitutional reforms for

conflict resolution has moved backwards rather than forward. $n 6epal in the wake of

the comprehensive peace agreement to which ended the 7aoist $nsurgency and

abolished the 7onarchy, a *onstituent Assembly was elected which even after

repeated extensions could not agree on a draft constitution. !he second *onstituent

Assembly has /ust been elected with the task to carry forward this process. !he

challenge of coping with these conflicts is indeed complex, involving political and

constitutional accommodation of the legitimate grievances of the affected people, and

the agenda of development, and good governance. !his panel brings to the fore the

nature and role of the state as an institution in the creation, construction,

accommodation of ethnic demands, the imposition of nationalist discourses and the

resistance from the margins, and the diverse impact of globaliation on ethnic and

religious assertions in different countries.

1)#onflict situation and state of democracy+ A study of democratic institutions

and process in ndian and Paistan administered 9ashmirBekha *howdhary, $*SSB 6ational , 8ammu niversity,

8ammu

Abstract

!he paper will deal with implications of conflict situation on $ndian and (akistan

administered 8+@. Divided between two hostile nations, the people in this part of the

world have continuously suffered the trauma of division? unsettled borders? multiple

displacements? divided families? and hostility between $ndia and (akistan. hile for

the rest of the sub-continent, partition has become a history, though a painful one, it

continues to be an ever-present reality for the people here. *aught up in the situation

of conflict for six and half decades now, the areas on both the sides of )ine of *ontrolare heavily militarised and are seen as locations of strategic importance. ;y


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implications, these have become "territorialised# areas where the issues of state

sovereignty, national interest and national security presume greater importance than

the anything else. !he fragility of political institutions and processes, therefore, is a

logical conse%uence of the location of these areas.

'n both the sides of )o*, the story of democratic institutions almost remains the

same. 'n the $ndian side, @ashmir in 4CE, had the privilege of having the mostcrucial democratic resources F a highly mobilised political mass which had been

involved in an indigenous anti-feudal and anti-monarchical movement? entrenched

and well-established political organisation, the 6ational *onference with its radical

ideological framework? and a well-recognised leadership. !hese resources could have

been useful not merely for restructuring the society and economy, but also for

deepening the democracy. Gowever, barely few years after the radical land reforms

and other pro-people policies were initiated and asymmetrical federalism to protect

these policies was negotiated, the paradigm of @ashmir#s politics was completely

changed under the pressure of "nationalist discourse#. !he contestation of the $ndian

state, both from the external as well as internal sources, thereafter, resulted in

subordination of the democratic processes to the "national interests#. Alienating thepeople from the "mainstream# political processes, the "separatist# political space was

expanded which culminated in 4CHC-C2 fiasco of militancy.

$f there was anything worse than the @ashmir situation on the $ndian side, it was the

situation on the (akistani side. 'stensibly "Aad#, the state under the (akistani

administration, was directly controlled by (akistan administration.


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past or it has remained as a constant fixture in the politics the ast ;engal which

neither the (artition of $ndia in 4CE nor the creation of ;angladesh in 4CE4 in which

$ndia had a substantive and positive role to play could do away with. $n what way

would ;angladesh be able to reconcile itself to the baggage of this multifaceted

memory and how would the process shape its $ndia outlook is what this paper is

trying to understand.

5).he State dentity and the .amil


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political power is deferred until affirmed again through the mechanism of electoral

affirmation. 'n the other hand, the voter, the "little-man#, in the words of the Supreme

*ourt is at once, the common man aggrieved by misrule, but also empowered enough

to change the rules of the electoral game. !his panel intends to explore a range of

themes - from making sense of elections as times which are extraordinary not /ust for

the enormous concentration of power in the institutions of electoral governance, toelections being themselves "measures# of political resolution of crisis. $n these and

other contexts, the panel will also concern itself with a comparative study of election

commissions, the laws pertaining to the conduct of elections, and the manner in which

these have unfolded in diverse political cultures.

1) =epalese /0perience of Democratic /lection+ An e0ample of proportionality

and inclusivity

6eel @antha prety, *hief lection *ommissioner of 6epal, @athmandu.

Abstract

$n a bid to put an end to the protracted transition and bring the ongoing peace processto a successful conclusion, 6epal has championed the democratic election

management system with its own branding. ith successful holding of the

*onstituent Assembly =*A> election in 6ovember, 1245, 6epal is embarking toward a

/ourney to framing a new democratic constitution, during which matters relating to

electoral system and election management are certain to surface as the prominent

agenda. !he experience of 6epal in making elected bodies more proportional and

inclusive is a newexpounding achievement for developing democracies across the

world. !he election is widely expected to be marked in history as a milestone event

Knot /ust for 6epal but for people around the world working to rebuild after conflicts

and resolve disputes via constitutional and homegrown meansK. !he electoral system

and its management process right from the registration of electors, their identification

for secured participation in the elections? the proportionality with inclusivity of

demographic composition in the representation are some notable features of recent

elections in 6epal. !he role of political parties and their attitudes in developing

democracies? circular effect of poverty, ignorance and illiteracy in the democratiation

process of 6epal and compromises 6epal had to make during post conflict election

along with suggested ways forward will be discussed.

2) /lectoral 4eforms and Democracy in ndia

6avin ;. *hawla, former *hief lection *ommissioner of $ndia, 6ew Delhi.

Abstract

lectoral Beforms must necessarily be a part of any evolving democracy. Beforms

must accompany the changes in the body politic and must address the infirmities that

intrude in that landscape. $ndia and its electoral system is seen in many parts of the

world as a beacon worthy of emulation. $ndeed, there are many aspects

that are praiseworthy. e hold our elections in time, every time. !here has always

been an orderly transfer of power. !he lection *ommission is respected by most

$ndians and its conduct of elections is viewed as fair and transparent. e have

benefited by the nature of our freedom struggle under the 7ahatma, the sagacity of

our *onstitutionLs framers, most notably of Dr Ambedkar and the building up andnurturing of our $nstitutions under the wise stewardship of 6ehru. $f we look around


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and observe the many countries that attained their freedom from colonial rule at about

the same time, we could assess the distance we have traversed.

Yet infirmities have slowly but surely also taken root. 'ur elections have become too

expensive. Statutory financial limits are almost always breached. orse still, the 43th

)ok Sabha had 52M of its ranks occupied by people of criminal antecedents.

*rorepatis seem to en/oy the best chance of both being nominated by political partiesas well as winning elections. Are we becoming an oligarchyJ !he %uestion is Are we

bringing in the reforms needed to fulfil the hopes of our freedom fighters and

the architecture of our *onstitutionJ

5) Minimi%in$ /lectoral iolence+ Are /lections more Free and Fair>

San/ay @umar, (rofessor and Director, *SDS, Delhi

Abstract

Ione are the days when newspaper were full of headlines about booth capturing,

rigging and various other form of electoral violence during election. ven if such

news were not reported from all the states, but large number of states were prone tovarious kinds of electoral malpractices. &arious measuresNsteps taken by the lection

*ommission of $ndia have been able to minimise the incidence of electoral violence,

at least we do not witness visible violence on election day during election. Data

collected from the 6ational lection Study regarding peopleLs opinion in fairness and

whether election are more free now compared to the past suggest, huge ma/ority of

people confirm that elections are more free now compared to the past and incidence of

electoral violence have declined drastically during last few elections. hat may be a

better indicator than voters themselves, who experience and participate in election,

confirming, elections are free and fair. 7ost of the credit for election being free and

fair should go to the election commission of $ndia which initiated various steps, like

phased elections facilitating proper deployment of security forces at polling booths,

making some kind of certification of the identity necessary for the voters before

voting at the polling station, video recording of the polling process etc. All these steps

have gone a long way in making election free of violence on election day. !his

disappearance of election day violence has resulted in not only more people turning

out to vote, but more important is the increasing participation of women in election.

!here may be other factors which have contributed to the greater participation of

women in recent election, but the declining or situation of near no election day

violence has certainly provided a more conducive environment for women to come

out to vote in bigger numbers than the past. !his also has an impact on greater

participation of voters from marginalised sections, namely Dalits, Adivasis and7uslims.

;ut does this mean that all that was needed to make election free and fair has been

done and we need not worry about fairness of electionJ hile we have been able to

address the issue of election day violence, to a great extent, but recent years have

witnessed change in nature of electoral violence, the elections report more instances

of post-election violence. 7ere control of election day violence does not mean,

elections are more free and fair now compared to the past. !he nature of election

malpractices have changed, the problem of money power has grown out of proportion,

there is also indirect influence of muscle power on election, by way of threat. 7ore

recent phenomenon is the problem of paid news in election. hile problem =election

day violence> which was visible and actors were more or less known, was easy tohandle, but the recent problems poses greater threat to the neutrality of elections.


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&iolence free election is one and an important component of free election, but not the

only element of fair election.

") ?/lection .ime's(* in the life of ndian Democracy+ /0traordinary

interre$nums or $overnance as usual>

Anupama Boy, (rofessor, *(S, 86, 6ew Delhi//wal @umar Singh, (rofessor, Dept of (olitical Science, niversity of Delhi, Delhi

Abstract

!he expression "election time# is being summoned in this paper as a conceptual

category, to bring electoral governance in $ndia to a normative and analytical scrutiny.

!he paper examines the distinctive rhythms of election time in the life of $ndian

democracy, in particular the manner in which election time has been constituted

/uridically, through electoral law, and the institutional structures provided for by the

*onstitution of $ndia. $n doing so the paper will show the specificity of election time

in $ndia, and at the same time, delineate the polysemous ways in which election time

has played out in $ndia. !he argument about both specificity and polysemy, will bemade through the study of the first general election in $ndia =4C34N31> as the site when

electoral laws and institutions of electoral governance ac%uired form, and

subse%uently through an examination of the model code of conduct as an innovation

in electoral governance outside of electoral laws.

Panel .hree+ Federalism and Devolutionary Discourse in South Asia

Organised by !e"ha Sa#ena, Associate Professor, Department of Political Science,

Uniersity of Delhi

!he federal and devolutionary discourses have always been a significant

constitutional device in pursuit of accommodation of diversities, national security and

economic development. $ts importance has become accentuated in the contemporary

phase of "glocaliation# =globaliation plus localiation>. $n South Asia, theses

mechanisms would appear to be inescapable in view of the fact that the ma/or

countries of this region are either multicultural or multinational or both. Gowever,

most South Asian states historically as well as in contemporary times have been

either reluctant federalists or even hostile to the idea. !his is due to the historical

legacy of colonial divide and rule policy or due to the contemporary challenges of

communalism and secessionism. ;ut a dispassionate ob/ective approach to federaland devolutionary solutions would suggest that it is a false fear which is borne out by

the success of federal democracy in $ndia and 6epal in staving off secession and

containing communalism and authoritarianism. Arguably, the break-up of (akistan in

4CE4 and the 1O years of civil war in Sri )anka would have been averted by giving

federal democracy a chance. !he literature on comparative federal theory and practice

today suggests that federalism and /udicial review are the most rapidly growing

devices in post-conlict situations around the world.

1) nstitutionali%in$ Democracy in =epal

Surya Dunghel, Senior Advocate, @athmandu, 6epal

Abstract


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After having its six constitutions failed to institutionalie democracy during the past

seven decades, 6epal embarked on drafting its seventh *onstitution through an

elected *onstituent Assembly of O24 representatives under the second $nterim

*onstitution in 122H with a promise to promulgate a democratic *onstitution within

two years. As a part of the peace and constitution building process aiming to end the

ten year long brutal armed conflict, a *omprehensive (eace Agreement was signed in122O by the 6epal *ommunist (arty =7aoist> that led the armed insurgency and the

then coalition government of eight parties headed by the 6epali *ongress.

nfortunately, the *onstituent Assembly failed to deliver a *onstitution even after its

four years of stretched life. Gowever, the critical issue of managing combatants as a

part of the peace process was resolved within the same period. $n addition, emergence

of 6epal as a sovereign republic nation was a big achievement.

$nterestingly, 6epal#s first attempt to create a *onstituent Assembly for drafting a new

constitutional framework under its first $nterim *onstitution during early fifties was

li%uidated by the then @ing who unduly amended a provision to delete the relevant

clause. !his time, it was mainly due to the failure of ideologically divided over thirtypolitical parties in the huge Assembly to agree on over 122 contentious constitutional

issues, no draft could be developed. 7oreover, the newly emerged political forces and

their leaders prioritied their focus on sharing political power. Due to this the

*onstituent Assembly#s constitution making function was overshadowed, and in fact

hi/acked, by a few leading parties. nwelcome attitude of the Assembly leaders

distanced constitutional experts and practitioners and prevented them to contribute to

the process? public consultations were not ade%uately done as is needed in a post-

conflict constitution making exercises. As a result, the Assembly died its unpleasant

death on 1E 7ay 1241 without even producing a skeletal draft of the proposed

*onstitution. 6o explanation was given to the people by anyone, not even by the

Assembly authorities and political parties, as to why the Assembly could not complete

it /ob. $n order to bring the derailed constitutional and political process back on the

track, intensive exercises amongst relevant national and international actors, mainly

the first Gead of the State of the new secular republic and the leading political parties.

!hen extraordinary political measures were taken by the country through exceptional

constitutional tools of "removing constitutional difficulties# under the $nterim

*onstitution to hold new elections for *onstituent Assembly under the *hief 8ustice

led electoral government. 6ot to allow the country plunged in to a new kind of

political conflict, the elections for the new *onstituent Assembly were successfully

held on 4C 6ovember 1245 thereby enabling nearly eighty percent people to articulate

their voice through ballots. Despite several deficiencies and odd constitutionalexperiments, 6epal has now entrusted the task of drafting a new democratic

*onstitution for the new federal republic again to an elected sovereign *onstituent

Assembly that has about eighty percent new faces, especially youths and women. !he

task of resolving contentious issues, including the creation of a well-designed

federation is not an easy task for the Assembly. 7anaging a small but resourceful

nation inhabited by 413 identity groups, speaking over C2 languages, under a

democratic constitutional framework certainly demands a sophisticated but simplified

governance model. Since the country has had suffered enough and learned lessons

now, it has to embark with full commitment on a course to offer a common national

vision reflected in a new democratic charter that is owned by the people of all

segments. !he political parties and others in and out of the Assembly must play aresponsible role. e have no other options left except working together to


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demonstrate national wisdom for creating a *onstitution that can partly be a peace

agreement and partly a national legal framework of governance setting up the rules by

which the new democracy will operate ensuring unity and opportunities for the people

of 6epal towards peace and prosperity.

2) Myanmar*s .ransition to Democracy+ ssues and #hallen$esSandeep Shastri, (ro &ice *hancellor, 8ain niversity, ;angalore

Abstract

After decades of military rule, 7yanmar has begun its transition to democracy. !his

transition has been accompanied by a range of challenges, typical of any process of

transition. !here are heightened demands and expectations, there is competition for

attention among competing claims for recognition, there are debates on the

institutional framework that needs to be adopted, there are concerns expressed by

ethnic minority groups about the protection of their rights and distinct identities, there

are challenges about arriving at a consensus on prioritiing the different steps in any

process of transition. !his paper outlines the ma/or contextual and institutional factorsthat are defining and determining the debate on the process of transition to democracy.

!he insights that the paper draws upon are based on the existing literature and also an

analysis of the situation on the ground as evidenced from the interaction with multiple

stakeholders during a series of workshops on capacity building for democratiation in

different parts of 7yanmar.

5) Mana$in$ diversity throu$h federalism> =epal*s debate on Federalism in the

South-Asian conte0t

)eena Bikkila !amang, Begional Director for Asia and (acific, $nternational $DA

Abstract

7ost of the South Asian countries have designed mechanisms of devolution of power

in order to manage internal diversities. $t seems however that it has been easier to the

countries in the region to handle spatial concerns than social diversity by introducing

policies of federalism and decentraliation. $ndia is perhaps the only "working#

federalism in the region, yet ethnic and regional tensions have marked its modern

history, (akistan is federal as per its constitution with serious tensions between

regions and sects within $slam continue. 6epal is recovering from a decade long

7aoist insurgency and based on the (eace Agreement =122O>, Jana Andolan=122O>,

and Madhesh Andolan =122E> included promise of "federalism# to its $nterim

*onstitution =122E>, and is currently debating and deciding about detailed design forfederalism =*A 124-P>. $n Sri )anka, after the civil war, the efforts toward more

regional autonomy as a way of managing diversity and further constitutional reforms

towards the same have almost disappeared and ma/oritarian ethos is dominating. $n

these two post =armed> conflict countries, the debate about federalism has taken very

different tra/ectories.

!his paper is looking at the 6epal#s ongoing debate on federalism and options on the

table in the context of Southasian experience of managing diversity through

federalism and decentraliation, in order to anticipate what may be the challenges

ahead for 6epal as the country is making some of the critical choices concerning the

federal design. !he paper is drawing on the findings of citien surveys Nepal in

Transition=122 122E, 1245> by $nternational $DA, and on the study on State ofDemocracy in Southasia, =by *SDSNDelhi and partners> in order to understand what


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the people of Southasia, and of 6epal in particular, think of what federalism is and

what to expect from federalism, and how do people understand the

minoritiesNma/orities.

") Paistan*s Fedral Dilemma&eena @ukre/a, (rofessor, Department of (olitical Science, niversity of Delhi, Delhi

Abstract

$n (akistan federalism has been struggling to take roots even, after more than OO years

of its emergence, as the country does not have shown federal character of the state and

the nation in strict sense of the term. Since its creation in 4CE it has failed to

establish an organic and effective covenant between the federating units, despite some

incremental forward movements toward provincial autonomy and devolution. !he

federal issue in (akistan is rooted in strained history of federal-provincial relations.

nlike, $ndia, (akistan =4C3O and 4CO1 constitutions> failed to devise the institutional

arrangements of power-sharing and accommodation of diversity at different levels ofthe polity. !herefore the country failed to hold together and disintegrated in 4CE4,

when the province of ast (akistan, after a bloody civil war, emerged as the new

nation-state of ;angladesh. !he 4CE5 constitution accommodated provincial

autonomy, but has yet to provide for substantial but e%uitable power sharing. !he

institutional arrangements of devolution in (akistan have favoured the dominant

ethno-national group 0 the (un/abi. A profile of "(un/abiation# of the state

underscores a strong sense of distrust towards the centre as well as demand for

provincial autonomy in the three smaller provinces. !here are enduring and well

entrenched issues over the fairer allocation of financial and national resources

between the centre and provinces on the one hand, and within the provinces, on the

other. !he 4Hth Amendment can be considered a landmark development, if

implemented in spirit, on the route to engendering the spirit of federalism in the

country.

@) Federali%ation and urisdictional #onflicts in lobali%in$ ndia

Bekha Saxena, Associate (rofessor, Department of (olitical Science, niversity of

Delhi, Delhi

Abstract

!he formation of the $ndian union was largely a product of federal decentraliation

within a highly centralied political system.. !he first four decades of the $ndianfederation were also marked by a high degree of political centraliation owing to one-

party dominance in the centre as well as the states. Gowever, the political scenario has

radically changed since the early 4CC2s because of the transition to multi-party

system with federal coalition governments as well as extremely variegated power

configuration in state party systems.


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ignore the state governments on important %uestions in centre state relations and

implementation of /oint programmes and policies. !his matter assumes greater

significance within the framework of the federal division of powers in the Seventh

schedule of the *onstitution through the union, state and concurrent lists. !he three

lists are so closely intertwined in theory as well as practice that unilateral action by

one order of the government is impracticable. ven exclusive /urisdictions of twolevels of governments are difficult to neatly separate in practice.

7oreover, the chief ministers and regional satraps have ac%uired a great deal of

leverage not only within their respective states but also in the making and unmaking

of the federal coalition governments. !his has stretched some constitutional principles

beyond recognition like cabinet collegiality and cohesion, collective responsibility of

the council of ministers to the (arliament , and the (rime 7inisters# pre-eminent role

in policy initiation, coordination and implementation. $t is for this reason some

political analysts have gone to the extent of saying that the constitution of $ndia may

be "%uasi-federal# but the government of $ndia in practice is "%uasi-con federal #.

$n sum, the two orders of governments so far have been largely acting out their scripts

more or less unilaterally with perfunctory consultations, if at all. !he problem hasbecome magnified due to a variegated chessboards of divided coalition governments

in 6ew Delhi and different political complexion of state governments. !o reduce the

conflicts directly intruding into the union cabinet and the overload on /udiciary, the

activation and institutionaliation of intergovernmental mechanisms of executive

federalism is inescapable.

Panel Four+ s Displacement a ?state of e0ception*> ssues and Perspectives in

Forced Mi$ration in South Asia

Organised by Dr$ %asreen &howdhory, Assistant Professor, Department of Political

Science, Uniersity of Delhi

!he panel seeks to understand displacement through the lens of location of stay of

exilees. $n this context camps are often conceived as states of exception, states-of-

transition with little or no social and political rights =employment, property,

education> exist. !he transitory nature of living in camps is often transformed to be

the permanent place of stay-of-stay that condemns inmates to a future without rights

and belonging. !he camp constitutes a space removed from the social, economic and

political life, and human condition, i.e., what Agamben calls 9bare life:, to their mere

biological condition.

1) Bords of ,a6 Borlds of ,oss+ the Stateless People of the ndo-;an$ladeshi

/nclaves

Atig Ihosh, Assistant (rofessor, &isva-;harti niversity, Santiniketan, est ;engal

Abstract

According to a widespread conception, the state of exception would be situated at an

"ambiguous and uncertain fringe at the intersection of the legal and the political,# and

would constitute a "point of dise%uilibrium between public law and political fact.#

&iewed from this optic, the enclaves on the border of ;angladesh and the northern

district of *ooch ;ehar in est ;engal, $ndia, may be considered as spaces in whichthe state of exception has become the rule. $f Agamben#s formulation in (art $$$


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Section E ofHomo Sacer ="!he *amp as the 96omos: of the 7odern#> that the camp

"is the space that is opened when the state of exception begins to become the rule,#

then one may argue that the camp-effect has struck roots in these remote enclaves =or

Chhitmahals, as they are locally known>. An ethnographic understanding of the

sociopolitical contours of such "camps# is urgent. $t may help us surmount the

politico-legal paradox that is at the heart of states of exception and suggest newpathways for expressing demands for social /ustice locally. . 7y paper, "ords of )aw, orlds of )oss the

Stateless (eople of the $ndo-;angladeshi nclaves#, will try to probe this con/oint

issue of the prevalence of the state of exception and the modes of expressing stout

demands for social /ustice therein.

2) Understandin$ state of e0ception throu$h representation

;iswa/it 7ohanty, Associate (rofessor, Department of (olitical Science, Deshbandhu*ollege, niversity of Delhi

Abstract

!he paper is about tribes who were living in a 9state of exception:, where politics has

been defined exclusively in terms of friends and enemy occupying two opposite ends

of the political spectrum. !he enemy existentially represents the other F the stranger

with whom the extreme case of conflict has been "accomplished#. $n this extreme

locale the participants of the political arena see the adversary whose intention is to

negate the opponent#s way of life and therefore be repulsed or fought in order to

preserve one#s own form of existence F both in terms of ideas as well as corporeal.

!his state of exception has been accomplished through a process of complex web of

power relations that existed historically between the representatives and the tribes of

*handia (anchayat of @alinganagar SQ, who are resisting displacement for the past

42 years. nraveling of the process would enable us to understand another sub-theme

about techni%ues of survival devised by the resisting tribes. !he study of everyday

algorithm of 9bare life: would lead us to a second level of analysis of representation

where representation does not mean speaking through 9the voice of the other:. Shaila/a 7enon and Anoop Awasthi, Assistant (rofesssor, Ambedkar niversity,

Delhi

Abstract


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influx of ;angladeshi migrants has ignored the human sufferings of the fenced

$ndians. $n the process, constitutionally guaranteed rights of the $ndian citiens

trapped to live in fenced off areas of the $ndo- ;angladesh border have been infringed

upon. !his paper is based on the peoples# testimonies, Iovernment documents and

information gathered under the Bight to $nformation Act 1223.

") oices from a ?Space of e0ception*+ /veryday life in a 9ashmiri Pandit #amp

in ammu and 9ashmir 1!-2!11

Ankur Datta, Department of Sociology, South Asian niversity, 6ew Delhi

Abstract

!his paper seeks to explore whether Agamben#s framework on the state of exception

is ade%uate for exploring camps in South Asia. $ draw on anthropological fieldwork

among @ashmiri (andits displaced by conflict in the @ashmir valley since 4CC2, who

lived in a displaced persons camp colony in the city of 8ammu, 8ammu and @ashmir

until their closure in 1244. !he @ashmiri (andits are $D(s who hold a special status

with specific rights, and are yet not in direct conflict with the state. !hey do not easilyfit into Agamben#s figure of "bare life#. $ will try to compare the notion of the state of

exception with perspectives of ideal everyday life displaced @ashmiri (andits

articulate in conversations situated on space and place. !he paper will argue that

while the state of exception is a useful approach to the displaced persons camp in

South Asia, it must be complemented by discussions and descriptive pro/ects of

ordinary routine lives as lived by the displaced in camps. Gence, a theoretical

framework for studying camps will benefit by paying attention to what the displaced

themselves, regard and experience as "exceptional#.

@)Mar$inality and A$ency+ Problems of $overnability amon$ refu$ees in South

Asia

6asreen *howdhory, Assistant (rofessor, Department of (olitical Science, niversity

of Delhi

Abstract

$n my study $ view camps to be sign of modernity or what 7ichel

state & democracy in south asia (workshop)

Documents