Lakshadweep Administrator Controversy: A Legal Perspective

In the last few days, a raging controversy related to the Lakshadweep administrator has grabbed the headlines, particularly in Kerala. The newly appointed Administrator in Lakshadweep has been reportedly taking over control of the administrative powers of the elected Zila Panchayat by proposing administrative reforms. Social media platforms are abuzz with misinformation related to the interpretation of these administrative reforms.

Notably, the said Administrative Reforms sought to be brought in are Draft Lakshadweep Animal Preservation Regulation, Draft Lakshadweep Prevention of Anti-Social Activities Regulation, Draft Lakshadweep Development Authority Regulation, Draft Panchayat Regulation and an amendment to Lakshadweep Panchayat Staff Rules.

Let’s take a look at the key objections.

Lakshadweep Controversy: What are the key objections?

The Lakshadweep MP, Muhammed Faisal has strongly opposed the said acts and has called for the recall of the Administrator. The main grounds cited include lack of consultation with people or people’s representatives, imposition of Goonda Act in an extremely peaceful Union territory, pre-eminence given to the preservation of cow (beef ban) over and above preservation of sensitive and fragile marine biology, disqualification in relation to those candidates proposing to contest elections to the panchayat, who have more than 2 children, dilution of COVID 19 protocols that were in place in the Union Territory leading to a sudden spike in the number of cases etc.

Meanwhile, Hibi Eden, MP from Kerala has also written a strongly worded letter along similar lines to the Centre.

These concerns and objections can be decoded with a clear constitutional perspective on the matter.

Lakshadweep Administrator issue: A Constitutional Perspective

One of the main grounds highlighted by the MP is that these laws are being unilaterally imposed on the people of the Lakshadweep without consulting them

or their democratically elected representatives. An allegation which if probed deeper would not stand the scrutiny of even a law student.

Lakshadweep being a Union Territory, its Administration is vested with the Central Government. Appointment of the Administrator is strictly in consonance with Article 239 of the Constitution of India. All the aforementioned draft legislations have been promulgated by the President of India in the exercise of his powers under Article 240 of the Constitution of India. Therefore, there is a presumption of Constitutionality in favour of the afore proposed legislations.

Another aspect is that the operative word in the proposed legislations are that they are merely ‘Drafts’ and therefore it clearly indicates that the same is at a nascent stage. All the said drafts were placed in the public domain as early as in February 2021.

Comments and Suggestions were invited on each of these proposed legislations from the general public of the Union Territory of Lakshadweep and for this purpose sufficient time was granted.

Thus, sufficient opportunity was provided for the people to send in their suggestions/ comments on each of the proposed legislation. This being the case, merely saying that the laws are being imposed without consultation with people or their democratically elected representatives will not be correct. Such an allegation besides being incorrect is premature and would literally be tantamount to putting the ‘cart’ in front of the ‘horse’.

Lakshadweep Administrator issue: Imposition of Goonda Act

Another major point highlighted is the imposition of the Goonda Act in an area, which according to him, has one of the lowest crime rates as per the National Crime Records Bureau.

The underlying reason behind the imposition of Goonda Act, is that Intelligence Reports clearly pointed to Lakshadweep being a hub of terrorist & other nefarious activities. This would be evident from the fact that since the time the new Administrator took over Administration, at least 18 raids were conducted in Lakshadweep, during which at least 15 terrorists, many bootleggers and drug traffickers were nabbed and arrested and huge quantity of alcohol, drugs, arms and ammunition were seized.

Intelligence reports also suggested that illegal berthing of foreign vessels was rampant. Radical Islamic outfits were very active in the area. Anti-CAA posters

were ubiquitous throughout the Union Territory of Lakshadweep. The police’s handling of the same were viewed with concern, as they were being handled with kid gloves. Therefore, a record low crime rate in Lakshadweep Island does not mean that the crimes are actually low. It only means reporting of crimes are low and this could be attributable to the unique geographical location, extremely small size of the Island (all of 32 square km) and its demographics.

Lakshadweep Administrator issue: Prohibition of cow slaughter

Another sticky issue that is being debated on social media platforms seems to be the proposal to prohibit slaughter of cows, bulls, bullocks etc. In fact the proposed Regulations are entirely in consonance with Article 48 of Constitution.

Article 48 was placed among the Directive Principles of State Policy, when the Constitution was given to the people of India. Now, more than 74 years have lapsed and the Central Government cannot be faulted for enforcing the Directive Principles of State Policy provided in the Constitution of India.

Statements to the effect that more importance is being given to prohibit the slaughter of cows than the preservation of marine biology does not hold much water as it is completely unrelated. There is no legal basis for sustaining an argument without clear facts and a nexus being established.

Objections to Lakshadweep Administrator’s Stringent Measures

A perusal of the objections raised against the Lakshadweep Administrator have little to do with the facts on the ground. Politically motivated arguments and cultural conflicts debated on social media cannot present a clear case in terms of constitutionality. The slogan ‘Save Lakshadweep’ clearly has more to do with political drama than a just legal or constitutional crisis to oppose the Centre at any cost and by any means. The language used on social media against the Lakshadweep Administrator’s actions is far from constitutional and totally disproportionate to the constitutional provisions that empower him to take these actions in the first place.

Clearly, a political drama is unfolding.

The ground of relaxation of COVID protocols resulting in a surge in cases is equally weak. In fact, the Collector, Asker Ali categorically attributed the surge in corona cases due to the resumption of economic activity and high transmission rate of the virus during the Second Wave and dismissed any suggestion that it had any link, directly or indirectly, with the relaxation in quarantine norms that was based on his instructions.

A closer look at the stringent measures taken by the new Administrator shows that it adversely affected terrorists, smugglers, bootleggers, anti-social elements etc. To create a smokescreen that there are no crimes and no offences at all on the island has no legal basis when the recent news reports show otherwise.

News reports cite huge seizures of Drugs, Alcohol, Arms, Ammunition etc running into several thousands of crores that have been found since the new Administrator has taken charge. That many politicians and movie stars such as Prithviraj Sukumaran are interpreting the developments and sympathising with those elements directly impacted by these administrative reforms shows an urgent necessity for a Centre-appointed probe as to whether a deeper nexus exists.

In Rakesh Maria’s famed and controversial autobiography ‘Let me say it now, he establishes with evidence the nexus between terror funding and the film industry, thereby urging a more transparent approach to funding in the film industry being a key component to crack during terrorist-linked investigations.

The Lakshadweep Administrator’s constitutional measures are being interpreted and viewed in the light of communal sentiments. Prominent Islamist figures such as Abdul Nazar Madani are whipping up sentiments based on rhetoric rather than actual facts to oppose the new Administrator. It is also important to note that none of the said measures can by any stretch of imagination be construed as unconstitutional or illegal.

Having said this, some of the steps taken by the Lakshadweep Administrator have indeed been harsh and need to be revisited on priority. The termination of Government Contract for Employees in the tourism sector without sufficient reason, the demolition of huts of fishermen for CRZ violation are hard-hitting steps that impact the lives of the marginalised sections of the community in Lakshadweep and affects their immediate families. Such harsh steps by the Lakshadweep Administrator during the present COVID crisis have a very damaging effect and call for a more humanitarian response to the constantly evolving dynamics of a unique island, known for its scenic beauty and warm hospitality of its kind and generous inhabitants.