Gorkhaland: Debate on Constitutional Aspects and Administrative Negotiations in India

This paper attempts to analyse the phenomenon of the Gorkhaland movement in the light of both constitutional provisions and the processes of administration in the context of Indian federalism. The paper highlights the fact that the call for Gorkhaland cannot be considered an ordinary regional political movement but rather a constitutionally significant process as well as an identity issue related to centuries of marginalisation, language and representation. In its attempt to address these issues, the paper conducts a doctrinal analysis of the constitutional provisions governing the issue of reorganisation of states, especially Article 3 of the Indian Constitution, alongside the limitations of other administrative means like autonomous council formation, tripartite agreement and the use of interlocutors. Based on a doctrinal research methodology, the paper aims at investigating the relationship between the constitutional opportunities to achieve statehood and the preference for negotiated administration as a conflict management strategy. By examining the question of Gorkhaland apart from protest movements, the essay seeks to contribute to wider discussions regarding federalism, constitutional recognition, and the Indian state’s response to ethnic appeals for self-rule.