In Focus: Panic Among Feudalists
Why Abdullahs and Muftis are scared of Debate on Aticle 370?
| Fearing further decimation in the Valley NC, PDP leaders are against open debate on Article 370 and are therefore creating fear and panic. |
Debate and discussion is part and parcel of democratic process. Still, when earlier Prime Minister Shri Narender Modi and now Dr. Jitendra Singh, State Minister in PMO made statements that a debate should be initiated if the Article 370 has benefitted the people of the State or not, two key leaders of Jammu & Kashmir, Omar Abdullah (NC) and Mehbooba Mufti (PDP), both have pressed the panic button without constructive engaging in the debate.
Mehbooba and Omar are raising questions over the Accession of the State when they are aware that it was on October 26, 1947 that Maharaja Hari Singh construed the accession which was signified by Lord Mountbatton on October 27. Even Clause 5 of the Accession states that Article 370 came into existence on November 26, 1949 and therefore, the removal of Article will have no impact on Accession.
While responding to the question raised on Article 370 in the Constituent Assembly, the reasons extended by Gopala Swamy Aiyyanger clearly stated that Article 370 was merely a timely procedural mechanism for completing the process as was done for other states i.e. (i) performing as regards the subjects lying within the Jurisdiction of the Parliament of India / Union Government and (ii) also enable the State to take decisions for offering the subjects to Union for extending the jurisdiction of Union Government / Parliament of India over such subjects that may otherwise fall in the ‘State list’ in terms of the accession documents
It is imperative for Omar and Mehbooba to therefore read the Article 1 of the Constitution of India and Preamble and Section 3 and 147 of the State Constitution to build clarity on the issue.
a) Article (1) of Constitution of India has no reference of Article 370 while defining the territories/ States of India.
b) Preamble (J&K Constitution reads) -We, the people of the State of J&K, having solemnly resolved, in the presence of the accession of this State of India, which took place on 26th day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part of India as an integral part thereof, and to secure to ourselves:- ……As this Preamble clearly establishes links of J&K without mentioning any provision of Article 370, making the article as an issue of integration with rest of India is illogical and baseless.
c) Section- 3 of J&K Constitution too lays down that J&K is and shall remain integral part of India-In case Article 370 is abrogated, even then Article-1 of Indian Constitution stays, the Constitution of J&K stays and hence stays Section-3 of J&K Constitution and the relationship of the State with the Union of India.
If these facts are historically and legally true, then Omar's 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 statements given by Omar and Mehbooba are anti-national and an insult to the Union Constitution and its makers.
The problem actually is not Article 370 itself but the misuse of it. The problem started with illegitimate Delhi agreement between Nehru and Sheikh Abdullah, singed in 1952. Both, Nehru and Sheikh were not the authorised entities to make such Agreement. Only Parliament of India and Maharaja Hari Singh were the legal and authorised entities to conclude such agreements but neither of them involved in the process.
Kashmir valley, which both Abdullah and Mufti families or for that matter even Hurriyats and Gilanis represent, excludes the public sentiments of Jammu and Ladakh regions. Being aware about the legal and political facts about Article 370, and the biggest beneficiaries of this political fraud, they have kept the common masses of J&K in dark. Therefore, the debate and discussion on the Article is necessary.
Feudal political voices of J&K know very well that any discussion on Article 370 will bring out their misdeeds, and will expose issues like discrimination against women, ST, OBC reservations, Human Rights Violations of West Pak refugees, PoJK displaced, and terrorism people suffer in the Valley. As far as Article 370 is concerned, the people of J&K have already given their mandate by defeating the National Conference and pushing it to the 4th position in the State after BJP, PDP, and Congress in the recently held Lok Sabha elections. If the debate is stretched further then there will be further decimation of these political forces and this is they are creating fear and panic.
-Prafulla Ketkar
