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| Article 370 and 35A again on BJP election agenda | | | Jamwal Mahadeep Singh | 4/12/2019 11:04:31 PM |
| After a 'chewing gum' silence, BJP has again brought article 370 and article 35-A in its 2019 election promises document known as manifesto but BJP has called it 'Sankalp Patra' ('Pledge'). The hot off the press wrangling much space in the media and politics is the Article 35A of the Indian Constitution, added through 'The Constitution (Application to Jammu and Kashmir) Order, 1954'- issued by the President of India, in exercise of the powers conferred by clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir that empowers the State's Legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. The BJP, RSS and their affiliate groups are at clashing to Article 35A as it bars non-J&K subjects to settle and buy property in the state. A little known NGO "We the Citizens" (supposed to be backed by BJP-RSS) filed a petition in the Apex Court In 2014, seeking the striking down of Article 35A. The case is pending in the Supreme Court. The opposing comes days after New Delhi didn't file an affidavit on the matter in the court and instead sought a "larger debate" on the "very sensitive" issue. On its part the then PDP-led coalition government has taken its stand in its counter-affidavit filed before the apex court that "We have taken the stand that the State has powers under Article 370 (1) (d) to apply Constitution of India to Jammu and Kashmir with exceptions and modifications and in keeping with Article 35A." Here we have to perceive between the lines that it was not the affidavit of PDP but of the government of BJP-PDP combination. It denotes that state BJP unit is on similar lines as PDP to shield the article 35A. Here in the state, both the PDP and the BJP (while in power) were on the same page with regard to special status of J&K. The government of India's moves to not file an affidavit "implies that they are accepting the petitioner's versions" i.e. abrogation of the Article. This is not for the first time that Article 35A has been challenged in the Supreme Court. Similar petitions have been dismissed by the court thrice in 1956, 1961 and 1970, while upholding the powers of the President to pass constitutional orders.
The substantial rallying cry of the BJP and its allies on Articles 370 and 35A of the Indian Constitution, how it resonate in rest of India is a distinctive investigation? But it is a physical world of next to nothing for the body politic of Jammu and Kashmir. It is article 370 of the Indian constitution that grants special autonomous status to the state of Jammu and Kashmir. The article 370 has consistently stuck around as the blessed baby of BJP to muster votes inseminating its abrogation. This party at all times lamebrain the commonality about this article 370, without awakening the people about stated position in the constitution. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. We come across the attempt of BJP and RSS after winning 2014 elections to abrogate article. The argument of Udhampur BJP MP and a Minister of state in the Prime Minister's Office in May 2014, that the debate on article 370 would help convince the "unconvinced", sharply reacted by Umar Abdullah ex-CM in a tweet, 'long after Modi Govt is a distant memory either J&K won't be part of India or Art 370 will still exist' and sitting CM Mehbooba remarked that fiddling with Article 370 could lead to anarchy in the state. Such "irresponsible utterances" should be stopped as they could have serious repercussions in Jammu and Kashmir, besides having the potential of spoiling the atmosphere of inclusiveness and peace. These projectiles of the powerhouse from Kashmir silenced the voice of BJP.
In October 2015, the High Court of Jammu and Kashmir ruled that the Article 370 cannot be "abrogated, repealed or even amended." It explained that the clause (3) of the Article conferred power to the State's Constituent Assembly to recommend to the President on the matter of the repeal of the Article. Since the Constituent Assembly did not make such a recommendation before its dissolution in 1957, the Article 370 has taken on the features of a "permanent provision" despite being titled a temporary provision in the Constitution. For the reasons that verdict handed down by the High Court, the vocalization of each and every concerning the article 370 is meaningless. Over the past year BJP and its allied nationalistic forces have gone on silence mode in debt to the voices of Kashmir leaders on article 370 and here and now has crop up article 35A of the Indian Constitution.
The unconvinced statements from variant squads make then CM to vocalize that, if special rights of people of J&K are tinkered with, and then there would be no one in the state to hold the tricolor. It was a diplomatic statement that twisted towards pointing that none in state will be an Indian. We talk about resolving the Kashmir issue under frame work of the constitution and on the other hand we flog it. It does not require much brain storming to understand against whom the barrels awere targeted by the then CM, obviously it was the BJP in the center as BJP in state had turned out to be a heap of rubble by the time. The statement of the then CM with regard to holding of tricolor generated sharp criticism by various political parties. But it was the reaction of BJP (under a compulsion) in Jammu that matters much but exposes itself in real sense. The statement of the then CM was an open challenge for BJP then in a coalition partner in the state and the BJP ruling party in center. Expressing shock and surprise over its ally and Jammu and Kashmir chief minister Mehbooba Mufti's flag remarks, the BJP in Jammu asserted that Article 35A of the Constitution which grants special status to the state is "not a sacred cow that cannot be touched" (how funny BJP looks everything through the politics of cow). Mehbooba went further to target the central governments remaining in power from time to time that rather than addressing the problem, we took administrative measures like dismissal of government or making charges of conspiracy, sedition. We had all these things against separatists which at times led to their hangings, weapons exclusive to Kashmir and more security measures and increasing number of security people. These administrative measures have not helped us to address the idea of Kashmir. The observations of Honorable High Court of Jammu & Kashmir on Article 35A, while delivering a judgment on 16 July 2015 also strengthen the affidavit filed in Apex Court by the State Government that this article, on its own, does not give anything new to the State of Jammu and Kashmir. Article 14 of the Constitution of India, as has been made applicable to the State of Jammu and Kashmir, thus, gave equal protection of laws to the State subjects/citizens as a class apart. Similarly, article 19(1)(f) of the Constitution of India, which has been made applicable to the State of Jammu and Kashmir and till date continues to be in force in the State, recognizes the right to own, hold and dispose of property, which right otherwise is inherent in the State subjects/citizens of the State of Jammu and Kashmir.
Concluding, the rights and privileges of the permanent residents of the State more especially in regard to acquisition of immovable property, appointments to services enshrined by Article 35A is a matter going to affect the people of J&K and appears to be handled by outsiders as a child brain rather than as mature one by airing statements on the issue. There is rising trends in un-employment, change of demography and invasion on Dogra culture, discrimination with Jammuities, rising trends in militancy, tug-of-war between India-Pakistan and India-China, bad situation of electricity, drinking water, road connectivity and every field of civic are in doll drums, speaks of total blackout of the BJP in center government. Keeping some pots boiling is nothing but to by-pass the attention of commonality by creating divides this way or that way and in state it is a contracted game of BJP and we must be alert to the situation. |
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