The High Court of Karnataka on Monday ordered issue of notice to the State and Central governments on a petition seeking direction to set up a commission to consider the demand of the Codava National Council (CNC) for geo-political autonomy and internal political determination rights for Kodava tribe under the Constitution of India.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal passed the order on the petition filed by former Union Minister Subramanian Swamy, who has said that he is espousing the cause of the CNC, a socio-political and ethno-cultural organisation which is demanding geo-political autonomy for Kodava tribe from the past three decades .
Under court supervision
Stating that such a commission should work under the supervision of the court, Mr. Swamy has said in the petition that the State and the Centre should submit report of such a commission before the court within a reasonable time.
It has been stated in the petition that the significance aspiration of the CNC is to carve out “Kodavaland with geo-political autonomy the Article 244(A) read with 6th and 8th Schedule of the Constitution with right to internal self-determination power; to include miniscule micro Kodava denomination/race in the ST list as per the re-difined category; and to protect the racial sacrament gun rights of the Kodavas under the Article 25 and 26 of the Constitution.”
Pointing out that the 6th Schedule of the Constitution allows for the formation of autonomous administrative divisions within their respective States, Mr. Swamy said that most autonomous district councils are located in North East States – 10 autonomous councils in Assam, Meghalaya, Mizoram, and Tripura, and two such councils in Ladakh and one in West Bengal.
Autonomy within Karnataka
The Commission may recommend and consider forming an autonomous State for Kodava tribe within the State of Karnataka as it can be appended to the 6th Schedule of the Constitution of India to protect the rights of the minority Kodava tribes, Mr. Swamy said in in the petition while pointing out that Kodagu (Coorg) was a separate State once.
He said that the commission can recommend the nature of the autonomous body, whether elected or partially nominated and partially elected, to function as a Legislature for the autonomous State or a council of Ministers, or both with such constitution, powers and functions, in each case, as may be prescribed in the law, etc. for the Kodava tribe.
