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| Abrogation to Re-organization | | | Mahadeep Singh Jamwal | 8/6/2019 10:12:52 PM |
| The chequered journey of erstwhile article 370 of the Indian Constitution carry us to the conclusion that it was exploited by politicians of Jammu and Kashmir and they considered it a license for them to the state ownership. A tiny and closed fraternity of privileged men, enjoyed a monopoly, sanctioned and licensed by 'Special Status' of the Jammu and Kashmir guaranteed by this Article. It carried the common subjects of erstwhile state of Jammu and Kashmir to a state of confusion and sufferings, so as to arrive only to absurd and monstrous conclusions, that state monopoly, concentrated in the hands of 'Abdullah' and 'Muftis' and their adherents as well as corrupt bureaucrats (stooges of these politicians) much visible in both regions, and that brought only ruin and bankruptcy to all in the J&K whereas their adherents and bureaucrat's wallets remained ever swallowing. They created political and economic and corrupt monopoly that is considered as two heads of the same monster. They failed to comprehend the need for a paradigm of justice and remained blind to what concerns most of the people in the Jammu and Kashmir. We can very safely link it as taproot of terrorism also. Many of the decisions of this unchecked fraternity were kept under check by the Judiciary. But as is said the dark night may be as long as it could be but it cannot keep the sun from rising. Similar happened in Jammu and Kashmir and route cause of all absurdities, Article 370 was brushed away by government of India and to downgrade the stature of the leaders the State has been re-organization.
Among the historic decisions that Modi government has propelled in the Jammu and Kashmir are: The Constitution (Application to Jammu and Kashmir) order, 2019, whereby the Constitution (Application to Jammu and Kashmir) Order, 1954, as amended from time to time has been superseded. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir. The Jammu and Kashmir Reorganization Bill that seeks to scrap Article 370 (which promises autonomous status to Jammu and Kashmir) and Article 35A, while also bifurcating the state into union territories of Jammu and Kashmir and Ladakh, a long demand of people from Jammu region. The Article 370 and Article 35A had given some provisions that had violated the Article 14 of the Indian Constitution and Articles were facing the test of Judicial scrutiny in the Apex Court but before any decision from Apex Court, the Government of India, have jumped into the fray and carried away with the controversial articles and hammered them. Although none has condemned the abrogation of Article 370 at large but the media has publicized the opinion of Punjab Advocate General that Presidential Order on Art 370 not in accordance with judicial process. The reactions from Kashmir have to come up as presently every living soul in valley has been taken care of by the heavy deployment of forces. The administration should take the silence as that of 'Toofan se pehley ki khamoshi' as by muscles how long it will keep the doors shut of the ideology inimical to the best interest of the state. Welcome for the abrogation of Articles 370 and 35A, in Jammu with the hopes of the people now pinned upon, Industry, Health sector, education and tourism and are looking for better establishments from the other corners of the country in these sectors.
The analytical minds are required to stress less on Article 370 and 35A and need to channelize their energies towards the set up of two Union Territories in the Jammu and Kashmir. The pattern in which state re-organized had never been a demand even from Jammu but separate statehood for Jammu so as to get rid of this troubled region. How the carving out of two UTs as Ladakh without assembly and one JK with elected assembly is going to bring normalness in the trouble torn state is un-understandable. The voices have started pouring in from Jammu and Ladakh (Kargil) taking the creation of two UTs as unacceptable as they were looking for re-organization and not for dissolution of the state into two Union Territories. Moreover the statement of Home Minister that if situation improves, the statehood can be restored, speaks of another experiment by Modi government in Kashmir like earlier one as of demonetization and muscle policy coupled with compromising with those against whom thousands criminal cases were registered. This indicates of British policy of ruling based on 'Divide and rule' and monopoly on the Constitution. The Ladakh Union Territory having no elected assembly will be governed directly by the union government. The pros and cons require discussion is regarding the carved out UT as Jammu Kashmir that will have the governing pattern as applicable in Delhi Union Territory. In such arrangement, we have to visit Article 239AA (enacted as per 69th Amendment Act) of the Constitution of India that granted Special Status to Delhi among Union Territories. As per this Article, public order, police & land fall within the domain and control of Central Government and for remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws. We can add on the functioning of both power points, the Lt. Governor, the Centre's representative and elected CM. We have witnessed the ugly public spat of CM with LG in Delhi, about power row and ultimately Supreme Court has to rule that lieutenant governor (LG) cannot act independently, can't obstruct the government's policy decisions and is bound by the state government's advice. The sufferings of common men of Delhi are because of outcome of Article 239AA? A similar situation likely to be witnessed in JK, as Kashmir will be dominating, likely having their CM because of more number of seats in the assembly. Now with the scrapping of Article 35A, all those denied voting rights in state assembly, but qualify for voting in parliamentary elections, the settlement of Kashmiri Pandits in Jammu likely to add to the number of seats in assembly for Jammu, hence setting up of Delimitation Commission is the priority before moving for elections in JK. But for the moment, we can solace with the facts that the JK-UT's elected assembly and government thereof will have very little in their lap, this way monopoly of political leadership of Kashmir is going to be hurt. More positive delivery is shedding of the burden of 'Upper House' as the pattern being applied as that of Delhi UT is unicameral in nature. |
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