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Repealing of Article 370 lock, stock and barrel | | Omkar Dattatray | 7/2/2019 11:16:26 PM |
| If anything or any provision is most controversial and undesirable it is definitely article 370 of the Indian Constitution. This article has done more harm than good and thus it should be abrogated for the good of the nation and J&K state as well. Article 370 is the wall which obstructs the fuller and emotional integration of J &K with the Indian union. This controversial article in the genius of separation in J&K and thus it should be repealed. The article has been politicized and manipulated by various political parties and in J&K read Kashmir people have been exploited in the name and under the garb of so called erosion of the special identity. Kashmir centric political parties blackmail the central government on article 370 and its abrogation. Unnecessary hue and cry is being created in the name of the article 370. The fact is that article 370 is the temporary provision of the Constitution of India. It being non permanent and transitory in nature should be repealed at an appropriate time and the sooner it is done the better. This temporary article should not be made permanent rather should be done away with lock, stock and barrel and its abrogation will pave way for the emotional integration of J & K with the Indian union and this will also stop the exploitation of the gullible masses of the state in the name of this controversial article. Besides it will halt the blackmailing tactic of the Kashmir centric mainstream parties and thus this article should be deleted from the Constitution. The sooner it is done the better. It is the wall of mistrust, hatred and distance between New Delhi and J & K and thus goodness for all stakeholders lie in its deletion at earliest. Abrogation of article 370 has remained an item of election manifesto of BJP and this time as well in the recently held general elections of 2019, BJP promised its abrogation if the party comes to power at the centre. Now that BJP has got a huge mandate and formed the government, the party should come up to the expectation of the electorate and start the process of repeating of the article. But since the party has no majority in Raj Sabha it is to be seen as to how will the saffron party will proceed to annal this controversial and much debated article. Home minister Amit shah has given a historical statement about article 370 and said that the article is a temporary provision and held the first Congress government and its prime minister Pt. J.L Nehru responsible for making the provision of article 370 in Indian Constitution for J&K. Amit Shah also held the first prime minister of the country Nehru responsible for the Kashmir problem as it was he who took the Kashmir case to UNO and thus it led to internationalization of the internal issue of India. Since BJP has got a decisive mandate ,it should initiate the process of ammandment of the article 370 and it should not come into the blackmailing tactic of Kashmir centric mainstreamers and separatists but should go with its promise of the abrogation of the article. Ram Madav BJP, general secretary has said that article 370 should go lock, stock end barral. It mean that the article should be withdrawn completely as it is a temporary provision. Ram Madav further said that even its propounder Pt Nehru wanted its abrogation and is stated to have said that article will itself erode by the afflux of time. Reiterating home minister Amit Shah's comments in parliament, Ram Madav said J.L Nehru is to blame for the problems in Kashmir. BJP general secretary Ram Madav said that article 370 was introduced as a temporary measure and the former PM Pt. Nehru himself wanted it to go. Asserting that article 370 has to go lock, stock and barrel, Ram Madav said that PM Narendra Modi lead government is committed to repealing the provision which provides special status to J & K. He further said, " As for as article 370 is concern, our ideological commitment is well known . Article 370 has to go lock, stock and barrel as Home Minister Amit Shah clearly mentioned in parliament." Madav is right when he said that since the action involves some procedures , it may take some time. Article 370 of the Indian Constitution gives autonomous status to J & K and limits the central governments power to make laws for the state. Ran Madav also said what ever Amit shah said is a historical truth. The trouble in Kashmir is the creation of the first government of Independent India under Pt. Nehru. A bench of petitions are pending in the supreme court challenging the Constitutional validity of article 370 . To save the territory of J& K from the attack of occupied Kashmir forces then rural of J & K Maharaja Hari Singh and Jawahar lal Nehru signed the accession of treaty on 26 October 1947. In this treaty J & K surrendered only 3 subjects - external affairs , defense and communication to Indian government and in pursuance of this commitment article 370 was incorporated in the Constitution of India. The article gives autonomous status to the state of J& K. The article is drafted in part XXI of the Constitution under temporary , transitional and special provision. Because of this Article, J & K has its own Constitution, state flag besides a national flag. J& K citizens have double citizenship, one of J & K state and another of India. By virtue of this article Indian citizens of different states are debarred from purchasing any immovable property in J & K . Article 370 is infact a wall of difference and distrust and hence it should go to strengthen Indian federalism and Centre State relations and national cohesion. |
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