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| Apex court places ball in Parliament | | | If not anything else the Supreme Court has
set at rest any controversy over the future
of Article 370 of the Constitution of India, that grants special status to the state of Jammu and Kashmir within the union of India. There were many in the country who believed that through the intervention of the Court or under direction from the Supreme Court the central Government could revoke or amend Article 370 so that the state of Jammu and Kashmir's accession with India is fortified. But the Apex Court has removed some of the misgivings on the judicial power for suggesting to the Government to drop Article 370 from the constitution of India. In fact the Apex Court has made it clear that the court has no constitutional or legal powers to direct the Government to scrap Article 370. The Supreme Court has turned down a plea challenging Article 370 saying only parliament can take a call on scrapping the law that accords special status to Jammu and Kashmir.
The Supreme Court bench was so sure of the powers or the limitations of powers of the Apex Court that it refused to entertain a PIL that wanted Article 370 removed from the Constitution. A bench of the Supreme Court led by Chief Justice H L Dattu said that the court cannot issue such directives. A couple of questions were posed to the Court asking it whether it can be done by the court or by Parliament? And the bench of the Apex Court observed that it is not for this court to do so. PIL petitioner B P Yadav, a lawyer based in Andhra Pradesh, had argued that the issue required interference by the Supreme Court but the bench turned down his plea. "We can strike down a provision if it is unconstitutional but we cannot be asking Parliament to remove a provision.
It has to be done by them (Parliament)," said the bench as it asked Yadav to file a better petition if he intends to pursue this matter any further. Yadav, in his petition, had requested the court to quash Article 370 and make all laws, which are applicable to other states, also valid for Jammu and Kashmir.
Well there are certain misgivings about Article 370. One is that under this Article a non-state subject cannot buy immovable property in Jammu and Kashmir and he or she may not be able to cast his or her vote in the Lok Sabha elections. These non-state subjects cannot seek employment in state Government departments nor can their wards seek admission in professional colleges and institutions of higher learning in the state. This aspect is being covered under the state subject law and not by Article 370.Yes, Article 370 grants special status to the state of Jammu and Kashmir within the union of India. This very special status is being raked up by some Pakistani agencies while hammering out their demand for settlement of the Kashmir issue. In fact under Article 370 no central law, enacted by the parliament, can be directly applicable to the state of Jammu and Kashmir. These laws can be extended to Jammu and Kashmir state with the approval or concurrence of the state legislature. Over the years several hundred central laws have been extended to Jammu and Kashmir with the approval of the state legislature. Even the jurisdiction of the CAG, Supreme Court and the Chief Election Commission has been extended to the state. Why then the breast beating? Retention or revocation of Article 370 has become a pre-poll issue. Those parties that have their vote bank in the region of Jammu campaign for scrapping of Article 370 and the Kashmir centric organizations campaign, during elections, for retention of Article 370 and for steps to restore the original spirit of the Article which they find stands eroded. Despite the Court verdict the controversy will not end because those who favour scrapping of Article 370 would press for Parliament's initiative and those in favour its retention would plead for no scrapping or even amendment in Article 370. |
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