Rebuff of refurbishment of Article 370, swindling with Article 35A is deplorable

Zafar Bhat. Dated: 9/22/2018 12:20:33 PM

Zafar Bhat
Jammu, Sep 21
Categorically autonomy has been provided to Jammu and Kashmir under Article 370 of the Constitution of India and forms the core of the relationship between the state and the Centre, therefore fiddling with Article 35 A of the Constitution could not be acceptable.
Notably, J&K acceded to India under the guarantees provided by the Constitution of India. It is the Constituent Assembly which incorporated Article 370 in the Constitution providing a constitutional basis for the relationship of J&K with the Union. Whereas autonomy guaranteed under this constitutional provision is the "core of the relationship" between state and the Centre, he added.
Particularly, it is astonishing that those at the helm of affairs in New Delhi have characterized any demand for more autonomy to J&K as encouraging national disintegration. The government of India,

which initially recognized the special status for J&K, should not maintain this position.
After 1953, steadily the process of centralization and erosion of autonomy began. Article 370 was subverted and misused to eliminate most aspects of the autonomy. The constitution application to J&K order of 1954 took off subjects in the Union list out of the purview of the state legislature and not just those mentioned in the instrument of accession.
Whereas, the process of scuttling the spirit of Article 370 has only encouraged those elements who wanted to undermine J&K's relations with the Union. The deep-rooted and the massive alienation resulting in unprecedented unrest is, in reality, the outcome of the process of erosion of autonomy and denial of democracy to the people of J&K.
The dialogue process can be meaningful only when this political issue is addressed aiming at protecting the rights of the people.
Autonomy, which is the core of the issue, has to be restored and people of the state assured that their distinct identity cannot be weakened in any form, whatsoever, in future.
Pertinently article 35A empowers the Jammu and Kashmir legislature to define permanent residents and confer them with special rights and privileges.

 

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