While it is a well-settled legal position that the introduction of a new legislation would have to inherently reconcile with the constitutional principles of equality before the law and the doctrine of reasonable classification, the recently passed amendment to the Goa Legislative Diploma No 2070 dated April 15, 1961, vide the Amendment Bill, 2023 of the same name appears to be an exercise in haste devoid of the procedural transparency that is normally expected of a well deliberated legislation.
The swiftness with which the Goa Legislative Diploma No 2070 (Amendment Bill), 2023 was passed on the last day of the recently concluded assembly session by a voice vote appears to be shrouded in secrecy that would only be known to the House majority.
Among many controversial changes that the Amendment Bill, 2023 had sought to amend, the most relevant changes for the purposes of this discussion concerns the insertion of the following new Articles to the Goa Legislative Diploma No 2070 by way of Amendment:
Insertion of new article 334-C:- After article 334-B of the Principal Code, the following article shall be inserted, namely:-
“Art. 334-C” Notwithstanding anything contained in this Code, the Government may with the prior consent of the concerned Comunidade, grant land by way of long lease for any public purpose, for such period and on such terms and conditions as it may deem fit, to any Government Department, Government undertaking, or statutory body constituted by Government.
Insertion of new articles.” After article 339 of the Principal Code, the following articles shall be inserted, namely:”
Art. 339-A The Comunidade may entrust the work of development of land, to any private agency, by public auction and/or by inviting bids subject to the approval of the Government so that it can grant sub-divided plots of land as per the provisions of this Code.
Article 339-B “The immovable properties belonging to and vesting in the Administrator of Comunidades in the North, Central and South Zones shall be considered as deemed to be covered by the provisions of the Goa Public Premises (Eviction of Unauthorised Occupants) Act, 1988 (Goa Act No. 22 of 1988) and shall be considered as public premises within the said Act for the purposes of the said Act”.
These new provisions which are sought to be inserted in the Goa Legislative Diploma No 2070 consequent to receiving the assent of the Governor of Goa, would in all probability lack the procedural safeguards necessary to prevent arbitrariness that is normally associated with a democratic framework that has been based on checks and balances.
And the amendments proposed to be inserted are not even in consonance with the doctrine of reasonable classification that has been enshrined in the Constitution of India under Article 14.
But leaving that stand aside, it also needs to be respected that the State has a right to regulate the interests of its subjects and that concept is merely known as sovereignty.
The Encyclopedia Britannica defines sovereignty, in political theory, as the ultimate overseer, or authority, in the decision-making process of the state and in the maintenance of order.
And as per the Goa, Daman and Diu (Administration) Act, 1962 which is an Act to provide for the administration of the Union territory of Goa, Daman and Diu and for matters connected therewith.
Section 5 provides for:
“S. 5. Continuance of existing laws and their adaptation.”
(1) All laws in force immediately before the appointed day in Goa, Daman and Diu or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority.
(2) For the purpose of facilitating the application of any such law in relation to the administration of Goa, Daman and Diu as a Union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the Constitution, the Central Government may…, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon, every such law shall have effect subject to the adaptations and modifications so made.”
So then why wouldn’t Goa be empowered to step in and regulate the feudal institutions that were handed down to the people of Goa under the Portuguese Colonial Regime?
The State has already been conferred with Statehood and the proponents who are still demanding special status for Goa are either dwindling or have they migrated to Europe?
So then, wouldn’t it be in the nature of legal and procedural propriety to vest the administration of the assets of the comunidade into the State Government?
The answer to these questions lies in witnessing the deplorable state of the comunidades of Goa which are left to the mercy of a handful of self-serving nominated representatives especially in the coastal belt of the North Goa district wherein it has become difficult to expect any form of accountability from these bodies which are feudalistic in nature.
For the purpose of comparison, it would be apt to cite the dictionary definition of feudalism which reads:
“the dominant social system in medieval Europe, in which the nobility held lands from the Crown in exchange for military service, and vassals were in turn tenants of the nobles, while the peasants (villeins or serfs) were obliged to live on their lord's land and give him homage, labour, and a share of the produce, notionally in exchange for military protection.”
Why can’t the Code of Comunidade receive an entire do-over in consonance with the constitutional principles ought to be the central question that should be asked prior to giving assent to the Amendment Bill, 2023 and signing it into law.
