The
word ‘Autonomy’ came from Greek word
"auto (“self”), and nomos (“law”)", so its primary meaning is the
right to govern oneself and draft one’s own laws (i.e., “self-rule”).
Ruth
Lapidoth defines the term autonomy as a means for diffusion of powers in order
to preserve the unity of a state while respecting the diversity of its
population.”
Prof. Yash Ghaisays, “Autonomy is a device to allow ethnic or other
groups that claim a distinct identity to exercise direct control over affairs
of special concern to them while allowing the larger entity to exercise those
powers that cover common interest.”
In
autonomy system, centre authority devolves the power to the regions.Autonomy
and federalism are clearly distinguishable, however, they are inter-related.The
basic distinction is that in a federation, the federated states or regions are
generally involved in central policy making, whereas autonomous entities rule
themselves, but normally have no special rights regarding the central power.
Ruth
Lapidoth distinguishes three types of autonomy:
- Territorial political autonomy is an arrangement aimed at granting to a group that differs from the majority of the population in the state, but that constitutes the majority in a specific region, a means by which it can express its distinct identity.
- Administrative autonomy comes close to decentralization. However, while the latter only involves a delegation of powers, the former presupposes a transfer of powers, which are exercised by the local elected representatives.
- Cultural or personal autonomy is granted to the members of a specific community (ethnic, linguistic, religious), whatever their place of residence.
Pre-condition of Autonomy
Two
important institutional preconditions of any autonomy arrangement follow from
here: official recognition and institutional arrangement
•Official
recognition presupposes the establishment of the sub-state entity as a
territorial-administrative unit, legal person (under public or private law) or
a set of institutions with a clear legal standing and – most decisively –
guaranteed funding.
•The
institutional arrangements providing for limited self-rule can vary from
internal self-determination (for internal matters), through limited
self-governance (the devolved power to take decisions), to self-management (of
the institutions).
Autonomy
Issue in the New Constitution of Nepal
• The draft report of the CA Thematic committee proposed
three tiers structures (main structures) that include federation, state and
local.
• Apart from the main structures, the report also
proposed special structure containing
- autonomous regions: A
region with a majority or considerable presence of a caste or a community
speaking the same language.
- special zones : A region established with a view to protect and promote the minority castes, communities, cultural regions, and marginalized communities.
- protected areas: The geographical region established with a view to develop an area that does not fall within the an autonomous or protected region and is backward and left out in terms of economic and social conditions can be considered a special region
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