Why the POGO Bill is unconstitutional and cannot be passed in its present form?

PANAJI: The POGO (Persons of Goan Origin) Bill introduced by the Revolutionary Goans Party MLA is highly discriminative (against Indians from other states) and eventually and in all probability seeks or attempts to make Goa a country within a country and can never be passed into a law in its present form, opined several legal experts who spoke to this reporter.

India is Union of States and all states must co-exist in consonance with each other, with their local laws non-discriminatory to people living in others states, which the POGO Bill is not.

It is fine to make reservation for employment for local Goan youth, but totally excluding Indians from others states to work in Goa or bid for tenders issued by the Goa government or other government contracts is unconstitutional, explained a well-known Goan lawyer.

The Bill was not allowed to be tabled in Assembly on the grounds that the Bill was not within the framework of the Constitution of India.

According to Law Minister Nilesh Cabral, a Law Department report on the sections of the bill, was tabled in the Assembly to support the claim that the POGO bill, which was presented by RG MLA Viresh Borkar, was in violation of the Constitution of India.

Cabral informed the house that the Law department had vetted the POGO bill and had made four-page notings or remarks about the sections of the Bill.

The Speaker had also sent the bill for opinion to the Advocate General (AG) and the law department and the reports clearly stated that the bill cannot be tabled in its present form as it is violative of several Articles of the Constitution of India.

According to CM Pramod Sawant, replying to RG MLA Viresh Borkar in the Assembly, “We are concerned about Goans, but the State and country works under the Constitution. While considering the POGO bill, we have to consider the Constitution of India Articles 14, 15, 16 and 19.”

“We have to consider that in the 1955, of the 70 freedom fighters who were martyred at the Goa boarder, 30 were from different parts of our country. We are honoring these freedom fighters on August 15,” said Sawant.

“Don’t divide Indians in the name of POGO,” said the CM.

He said after the Liberation of Goa, then CM Bhausaheb Bandodkar allowed many teachers from Maharashtra to come to Goa and all this is banned or prohibited in the present format of the POGO bill.

“I also feel that every Goan wants this type of Bill to be passed. But practically it is not possible because we will have to make Goa a separate country to have the rights and conditions mentioned in the Bill,” Cabral told the House.