Asif Iqbal Naik
Jammu, May 21: As the debate over abrogation of article 370 intensifies ahead of formation of Narendra Modi led NDA government in the Center, the statement of facts infers that there would be many an ifs and buts if at all the government initiated such a move.
Article 370 specifies that except for Defense, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. The 1974 Indira-Sheikh accord mentions that " The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India ".
Article 1 of the Constitution of Jammu and Kashmir states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Article 5 states that the executive and legislative power of the State does not extend to matters those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India.
These provisions cannot be amended. The constitution was adopted and enacted on 17 November 1956.
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made The Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on 26 Jan 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.
Even if BJP passes the amendment with regards to abrogation of Article 370, the party could not over ride the power of the Rajya Sabha as despite overwhelming mandate in Lok Sabha, NDA has fewer numbers in the Upper House.
If going through the strength of different parties, BJP led NDA had 62 seats in 242 members' house with BJP 46, Shiv Sena 3, TDP 6, SAD 3, LGP 1, NPF 1, MNF 1 & RPF 1 which is far less than 2/3rd majority to pass any law or amendment including abrogation of 370.
The Congress led UPA has 79 members and is strong in number in Rajya Sabha even after party losses the election badly which includes Congress 68, NCP 6, NC 2, RJD & JMM 1. The parties supporting UPA have 26 seats including BSP 14, SP 9, BPF 1 & SDF 1 while other parties including TMC 12 members, AIADMK 10, CPI (M) 9, JDU 9, BJD 6, DMK 4, CPI 2 & IND 2, beside nominated 8, independent 9 and vacant seats 3. Even if the BJP called for joint sitting of both the houses, party even than is far behind 2/3rd majority to pass the amendment in the constitution with regard to abrogation of article 370. |
