Abrogating Article 370 …….Is It Solution to Kashmir Problem?

Will take up arms if you remove the A 370….
Removing Article  370 will Push away Kashmir From India ………..

These are some recent examples of  deep chauvinism….towards Article 370 .

Very Interestingly the first Statement is of representative of BJP,the party which came into Power with So called Article 370 Debate Agenda.Yes we are talking about Hinna butt who is BJP Candidate in Upcoming Jammu &Kashmir assembly Elections.

Next Comment is of Current Chief Minister Omar Abdullah,who is  an avid Fan of Article 370.

In the 2014 General election BJP resurfaced the issue of article 370 Debate,but now they are in  a dilemma whether need to stand on that commitment or avoid this commitment for Mission 44(target of getting 44 seats in assembly election). BJP has floated the trial balloon of abolishing the A 370.

Let’s move out from this Political Stage…..

why A 370 is so Sensitive Issue and why Indian Polity is reluctant towards it?

why the issue of Kashmir causes massive stir and still a Political tinder box?

Generally it is  believed that by abolishing A 370,  Kashmir will become indispensable state from the Union of India. People in ardent Patriotism and Chauvinism further says to the  extent that Kashmir has been integral Part of India and it has a history with India. Yes ,it is true historically it has been associated with India but is not the same with  Pakistan too.

Kashmir was never Part of India(since there was no politically defined India)  and even after Independence Kashmir was Independent state. It was the Raja Hari singh who forced to sign the Instrument of accession with India after the Pak Proxy war and Tribal Attack. So on Legal Note Jammu and Kashmir are Integral Part of India possible only through A 370.

but the Kashmir issue has been in dispute and even no. of local residents defy the India Rule.This is really shocking so-called world biggest democracy is not able to solve this issue from last Fifty Years and unable to get the trust of Kashmiri Locals.

Whatever is the reason whether the indifferent attitude of Kashmiri towards India or Pakistan Support for  Separatist policy’s of Kahmiri Political Groups?Pak and Separatist groups demanded the Independence on the basis of the  Plebiscite. So why so called Democratic Country does not provide the Way of Plebiscite.

Now ,I would like to get into the debate……….and respond the argument……..with some Points…India Conducts Election which is believed to be free and Fair similar to other parts of India and it has been Verified by UN observer Group.

Some kashmiri pundits also say that they left their places in  late 80’s and early 90’s from the Kashmir due to extreme religion specific Terrorism.

And last not the least India doesn’t have a Policy of Referendum or Plebiscite unlike Switzerland, where  a referendum is regular Process.

 Those who are  vocal supporters of abrogating the A 370 actually didn’t know what they are demanding? Yes, they are demanding a safe passage for Kashmir to get separation from the Union of India.

Nobody wants to get into the detail what actually A 370 Says.

Let’s look into the picture……

What is A 370?

A 370 is Provision provided in Constitution for granting Special Autonomous Status to J&K except Defense, Finance, Communication , External Affairs Issues and Issues mention in the Instrument of accession.

Originally it was proclaimed by Hari singh in march 1948 but the became operative in Nov 17, 1952.Under the Ambit of this,J&K Constitution came into Force on 17 Nov.,1956

“Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions”

It is clearly mentioned in the  Constitution as “Temporary Provision”.So those who are Lobbying for Abolishing A 370 to Unify One India, One Law has Strong Point in favor of it.

 What is Current status?

Till 1965,J&K had Prime minister instead of Chief minister and Sadr-e-riyasat instead of Governor.but Now lot has been Changed in Original Status due to different presidential Orders in Last 50 years. Lot of provision of the Constitution which are applicable to States of India is not Applicable to J&K.It has separate Constitutional Features in his specific Legal Administrative Document.

Except Finance ,External affairs ,communication & Defence Issues ,Center Govt. need to get nod from the State Assembly.Financial Emergency (A 360) Can’t be imposed on J&K.The Center can impose a national emergency( A 352) in the state only in case of War or External Aggression.

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What is History ?

Jammu Kashmir Annexation was actually a Clever and Practical Legal Strategy of India to Assimilate it into the Union of India and  Fortunately it was endorsed by the Circumstances.Raja Hari Singh Ruler of Independent Kashmir Forced to sign the Instrument of Annexation under the threat of facing the Tribal Attack supported by Pakistan Army.

During its draft it faced several Hurdles and Father of Constitution Dr.Ambedkar denied to draft this supported by Hasrat Mohani who raised the Question in the  constituent Assembly on Special Status given to J&K .

Initially Sardar Patel was against this discrimination of Special Status but Finally he Supported the Cabinet Minister Gopalswamy ayyengar who drafted the Article 370 of the  constitution.

Nehru was too reluctant to grant the Special Status to Kashmir Later on  Insistence from his Friend and then Popular personality of Kashmir Shekh Abdullah,finally agreed on A 370 but  only as temporary Provision.

A 370 has been Supported by Jansangha Founder Shyama Prasad Mookerji.Is bjp  Really want to abrogate and Want to defy the Wish of His Ideal.

This  statement is given by Provincial President National Conference Mr Devender Singh Rana.(who is Brother of BJP PMO state Minister Dr. Jitender singh who accidently or deliberately 😛 ignite the debate of A 370)

He  misinterpreted the Dr. Mookerji just on account that he was the party of Constituent assembley and Never Opposed A 370. He said Article 370 is part of Indian Constitution which came  into force after detailed  discussions by stalwarts like Sardar Patel, Sheikh Mohammad Abdullah, Gopalaswamy Aiyenger and Dr Mookerji, Mirza Afzal Beig and Moti Ram Baigda.

But Devender singh  has Forget Dr. Mookerji Slogan as “Ek desh me do nishaan do vidhaan nahi chalenge” and Mookerji Illegal Visit to Kashmir following Hunger Strike for Revocation of Special Status. Actually it was Political Dilemma of Mookerji Regarding Kashmir.(For more Info. On this Political Hypocrisy,Just Visit Wikipedia Page of Shyama Prasad Mookerji)

Actually the Article 370 was Need of the Hour and it Cleared the Legal Hurdles in way of Kashmir Integration In India.

Why it should be abolished?

A 370 can be abolished by the union of india with mandatory consensus from state assembly and constituent assembly.It was actually a Temporary provision and it has been reitrated by the Mountbatten then governor General of India

“While it has been signed during the Tribal Aggression into state so it shall be temporary provison and can revoke if normalcy return and not needed”

but same time  emphasized on Plebiscite after the abrogation.

It is also argued that A 370  favours gender discrimination because Females of Kashmir need to seek fresh status for Permanent Resident after her marriage.

Under this Article Parliament can’t reduce or Increase the Boundary.so need to get away from 370  if we really  want POK.

Why it should not be abolished?

This is not an only type of law in the  Constitution which gives Different Status to Particular State.Article 371 A to J is a similar kind of Provision which has already been provided to some other states endorsing  sort of  special status.

actually it is link between India and Jammu Kashmir.If it is Abolished then need to seek Fresh Proposal and Points of Instrument of Annexation,which Provides the way of assimilation in Union of India.

The Constitution of Jammu and Kashmir was framed in  the Backdrop of A 370 and Instrument of Accession.Any Abrogation of the  article will strengthen the Seccesionism in state and will encourage the demand of plebiscite.This has been proved by the above argument of Mountbatten regarding the abrogation of a 370 and endorsing plebiscite..

Indira -sheikh Accord in 1974 also a point of contention in abrogation of A 370 which mentions that “A 370 will be basis of Governance in J&K which is Constituent part of India in Relation with Union of India.”

So, Is it  really as easy  that seems to be?

Though its a Hard and Complex Process but not Impossible.Every Body Needs Unified India with Equal Citizenship Status Under One India,one Law.

They have to first pass a resolution in Lok Sabha, then in Rajya Sabha, with two-thirds majority. Then it would come to Kashmir Assembly where they need to pass it again with two-thirds majority, which is not possible.

Getting consensus from State assembly Under 370(3) is a too critical task .but what about the Provision of getting consensus From constituent Assembly.How can we get it from the Unit which doesn’t exist.?acc.to some Noted constitutional expert recommend the amendment in A 368 ,by using the Loophole of A 370(1).

It is only constitutional Link Between India and J&K ,that gives Legal justification to Ruling of Union Govt.India over J&K External affairs,Communication ,Defense & Ancillary matters.

Yes It  is high time to resolve the matter and some Says” Abhi Nahi To kabhi Nahi”. but, why we need to start the mess with Critical Kashmir ;Why not from Gujrat ,Maharashtra,Himachal etc.Several State which have been provided special status in different form & gets Legal Power of Speciality from Constituional A 371.

 BUT Debate must be begun and the issue must be handled in an amicable manner.

whether A 370 Benefitted the Citizen of Kashmir or provide the way of Isolation with Union of India? or it will remain a tool of Political bashing? or New Govt.will take it seriously?

We have to wait for some time ……..to get the answers of these questions.

PS:Any suggestion or clarification are most welcome.Please mark your valuable inputs in Comment Box.

 

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Spring of India
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