Saturday, July 11, 2020

The language war in Ukraine

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Syed Ahmed Uzair

Article Title

The language war in Ukraine

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Global Views 360

Publication Date

July 11, 2020

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Vladimir Putin, Matteo Renzi and Petro Poroshenko

Vladimir Putin, Matteo Renzi and Petro Poroshenko  |  Source: Press Service of the President of the Russian Federation  via Wikimedia

The adoption of Ukrainian language by the citizens of Ukraine has emerged as an important aspect of Ukraine’s struggle for a sovereign nation. For centuries, the Ukrainian language has played second fiddle to the dominant Russian, thanks to the mighty influence of the Tsar empire and the Soviet Union. When Ukrainian language was declared as the official language of independent Ukraine in 1991, there was finally a hope that it would gain its rightful place as a National language of Ukraine. However, despite the enforcement of Ukrainian as the official language of the state, Russian continues to be very much prevalent in the country.

While Russian language is dominant in more urban areas, Ukrainian is spoken much more in the rural areas. The ongoing efforts to convince people into believing that the Russian speaking minority are being oppressed in the countryside. The other side of the language divide believes that the Ukrainian language is in far greater need for support from the state so it comes out of the shadow of Russian language.

The Russian annexation of Crimea in 2014 was a hallmark of this complex language war that has been breeding in Ukraine for a long time. Both the Kremlin and Putin justified the annexure of Crimea, citing the need to defend the Russian speaking minority of Ukraine.

The language war has been Russia’s biggest tool in disrupting Ukraine. This was made clear when a United Nations Security Council meeting held on 16th July,2019 regarding Ukraine’s move to make Ukrainian their official language, became a heated argument between Russia and the West. While Russia made clear that they were defending the Russian speaking minority in Ukraine while respecting the official language of the state, the US, backed by its allies like France and Britain employed the meeting to demand an end to the Russian occupation of Crimea.

It was not a surprise at all when the Language Law was passed in 2019, intending to increase the influence of Ukrainian in the society, especially in spheres like media and public services. The language law states that Ukrainian shall be mandatory for all official purposes pertaining to the state as well as international treaties. This law appears to be in line with the broader public opinion. As per a poll conducted by the Democratic Initiatives Foundation and Razumkov Center in December 2019, 69% of Ukrainians were in favor of Ukrainian being the official language of the state, while maintaining the freedom to use Russian in daily life.

Former Ukrainian President Petro Poroshenko was a supporter of the law that was passed on May 15th, 2019. However, Volodymyr Zelenskiy who was elected Ukraine’s president on May 20, 2019, has described the law as a set of “prohibitions and punishments” citing that it will complicate bureaucratic procedures and increase the number of officials rather than decreasing it.

Ukraine, it seems, is emerging from the perils of the language war and looks to adopt a bilingual approach for dealing with the language challenge. For instance, Russian speaking Ukrainians have been central in Ukraine’s resistance to the Russia backed insurgents in Eastern region of Ukraine . The election of a Jewish Russian-speaker, Volodymyr Zelenskyy as Ukraine’s sixth president in 2019 is seen by many Ukrainians as a positive step for the country’s politics of language.

Despite all the progress, however, the language war continues to be a sensitive issue in Ukraine. A Ukranian social media user on 11th June 2020 posted an English and Ukrainian bilingual McDonalds' menu, which implied that Russian language is removed from the menu. The post became viral soon and was picked up by a pro-Kremlin politician and social media star Anatoliv Shariy, who claimed that the menu reflected on the negative attitude towards the Russian speaking Ukrainians. McDonald's issued a statement clarifying that Russian language option was never present in its menu anywhere in Ukraine, but the damage had been done.

It seems that the saga of using language for political gains will keep on running in Ukrainian as both sides on the partisan divide are progressively entrenching their respective positions.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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