Intro: Article 370 is a temporary provision in the Constitution of India, and deletion or abrogation of Article 370 needs a Constitutional amendment, and for that numbers are needed (message being clear that it is for Parliament to do so, if needed, and not the government).
Some “Myths” have got established since the previous Governments in Delhi and the political leadership of India did not take up matters concerning the affairs of Indian State of Jammu & Kashmir seriously for over six decades. As a result, people of the state as well as across India, understand that (1) Special Status has been given to Jammu-Kashmir in Constitution of India through Article-370. (2) It is only Art.-370 via which the state of J&K is linked with India and in case Art.-370 is modified or repealed, the accession of J&K with India will be undone and it will no more be a part of India. In other words, the commonly used phrase has been that “Art.-370 is a bridge between India and J&K”.
Even on March 11, 2015 in answer to Question-138 in Rajya Sabha, a member of Parliament (nominated member K.T.S. Tulsi ) described Art.-370 as a ‘linchpin’ between India and J&K overlooking the fact that in Constitution of India Art.-370 has been incorporated as “Temporary provisions with respect to the State of Jammu and Kashmir”. So far, whenever the need for review of Art.-370 has been felt some people have succeeded in agitating the common minds by sending the message that some plans are under consideration to take away the ‘special status’ of people of J&K. Infact most people have used the banner of ‘special status for J&K’ to rear their political lusts than for the welfare of their people.
The term ‘special status’ has more been used by such people to make the people of J&K believe that it is constitutionally a distantly placed State of India. But the written reply ( by Minister of State for Home Affairs Haribhai Parathibhai Chaudhary and reply (by MOS Kiren Rijiju) on the starred Question-138 from Anil Desai in Rajya Sabha on March 11 this year have surely ventured for the first time (in the Parliamentary history) in giving clear and valid clarifications to some myths regarding the Indian State of J&K that have been cultivated over last six decades by those who project the state of J&K ‘constitutionally’ as a distantly placed unit from India (some have gone to the extent of even raising issues on ‘Nationality’ and ‘extent’ of accession.)
While replying to part (a) of Question-138: Whether it is a fact that through Article 370, the Constitution gives special status to Jammu and Kashmir? MHA said that, “In the Constitution of India, there is no mention of ‘Special Status to Jammu and Kashmir’, and Article 370 provides for ‘Temporary provisions with respect to the State of Jammu and Kashmir’.”
And while replying to part (d) of the Question-138—Whether Government is thinking of scrapping the special status of Jammu and Kashmir and if so, by when the process will be over? The written reply hence was that, “Where does the question of scrapping ‘special status’ granted to J&K arise when it is no where granted in the constitution.
The reply very precisely concludes that J&K does not have any special status as per Constitution of India nor does Art.-370 give any Special Status to J&K, therefore, when there is nothing like special status for J&K, there is nothing that needs to be scrapped.
In addition to giving clear and pointed answer to Question-138, Government of India this time ( unlike May 2014) avoided any likely controversy on Article 370 leaving no potential opportunity for the opposition to corner the government on Kashmir when MOS Kiren Rijiju said that Article 370 is a temporary provision in the COI, and that the deletion or abrogation of Article 370 needs a Constitutional amendment and for that numbers are needed (message being clear that it is for Parliament to do so, if needed, and not for the government).
It is for the first time that without mincing words Government of India has very precisely and in simple words sent a clear message that one, Art.-370 is not a bridge between India and J&K; and, the other being that anyone who thinks otherwise is overlooking the fact that J&K is an integral part of India.
Daya Sagar (The writer is a senior journalist and a social activist)
