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| 'Jammu, Ladakh always questioned J&K's special status' | | Opposition to process of integration | | Early Times Report
JAMMU, Jan 4: Founder member of PDP and former minister Tariq Hamid Karra, who is opposed to PDP-BJP alliance and wants the PDP to form "secular" Government in the state with the help of the like-minded parties, says that the J&K's special status, including the status of the state flag, is unquestionable and beyond the adjudication of the judiciary as the same has been guaranteed by the Constitution of India and ratified by the Parliament and the State's Constituent Assembly. His statement came three days after the two-judge High Court bench, Jammu wing, stayed the Single Bench's ruling on the state flag that required all the constitutional authorities to hoist state flags on buildings housing their offices and their official vehicles. The two-judge Bench stayed the Single Bench's ruling after the BJP intervened in the matter and urged the High Court to recognize only the national tri-colour.
The Karra's whole formulation is flawed. It indicates that he is blissfully ignorant about the powers of the Indian Parliament, including the power to amend the J&K Constitution or bring the state under the purview of the Central laws and institutions. It was the Indian Constitution under which J&K got the separate status and it was the Indian Parliament, the supreme law-making body in the country, and the President of the Indian Union who brought J&K under the ambit of several Central laws to bring the state at par with other states of the Union. In fact, Article 370 empowers the President of India to exercise unbridled executive powers and by using those executive powers, the President can keep J&K under his direct rule for any number of years as, for example, between January 19, 1990 and October 9, 1996.
Karra says that the J&K's special status, including the status of the state flag, is unquestionable. But he refuses to acknowledge that Jammu and Ladakh consistently challenged, and continue to challenge and question, the J&K’s special status and also oppose the demands in Kashmir for autonomy and self-rule. They want Article 370 under the state enjoys special status to be thrown out lock, stock and barrel. It was because of Jammu and Ladakh that Kashmiri leadership failed to achieve its nefarious goals and it was also because of the great nationalist interventions of Jammu and Ladakh that the process of the state's integration with India got hastened.
The truth is that it was the pressure from Jammu and Ladakh that forced the Union Government to introduce 260 of 395 Article of the Indian Constitution in the state and applied to it 94 of the 97 Entries (Union List, Part VI of the Constitution of India) and 26 out of 47 Entries in the Concurrent List. It was also under pressure from Jammu and Ladakh 7 out of 12 Schedules of the Indian Constitution were enforced in J&K. Besides, it was also the nationalist intervention that led to the change in the nomenclature from Sadar-e-Riyasat and Wazir-e-Azam to Governor and Chief Minister in 1965.
But more than that, the 2014 mandate that the people of Jammu and Ladakh gave to the BJP was also conditional. The conditional in the sense that the BJP fought the elections in J&K on nationalist plank, as also on the Jammu and Ladakh-specific planks. It is a different story that the BJP ditched the people of these two regions and agreed to recognize the state's special status for the sake of power. That's the reason the BJP has become a pariah in Jammu. |
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