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| Article 370: BJP covertly succeeds in opening debate on 'abrogation' | | | Kunal Shrivatsa
JAMMU, May 29: Ever since Union Minister of State in Prime Minister's Office (PMO) Dr Jitendra Singh made a statement that a debate on the repealing of Article 370 guaranteeing special status to Jammu and Kashmir has begun, the arguments and counter-arguments over abrogation and continuance of this Constitutional provision have escalated across the nation thereby opening a 'discussion' in which all are covertly or overtly compelled to join in.
Though repealing of Article 370 of the Constitution is on top agenda of the Bharatiya Janta Party (BJP) since the days of its earlier 'Avtar' Jan Sangh, but the party could not go ahead with the move because even if during its rule of six years from 1998 to 2004 at the centre, the BJP could not touch one of its most sought after issue as it was lacking a clear majority in the Lok Sabha.
Now, under present circumstances where the BJP has achieved a clear majority in the Lower House of the Parliament, the saffron party is finding itself within reach of its desired goal of repealing Article 370.
But, of late the BJP has changed its strategy over the issue as instead of directly advocating the revocation of Article 370, it has adopted a rather soft line of initialing an open ended debate on the usefulness and necessity of the constitutional provision.
The saffron party has already made the issue debatable albeit in a 'veiled manner' as on the very first day of its assuming office, one of its key Ministers Dr Jitendra Singh, who represents Udhampur-Doda Lok Sabha seat from J&K, stated that the process of repealing Article 370 has started adding that we are speaking to all stake holders.
As soon Dr Singh's remarks hit headlines on TV news channels, the reactions from all quarters started to pour in on the merits and demerits of Article 370 which clearly indicates that the BJP has succeeded in making the issue debatable.
And, in the days to come, the issue of abrogating Article 370 would surely hog the limelight and continue to remain in the centre stage of Indian politics.
Whether BJP would be able to repeal Article 370 or not it needs to be seen but the issue has already stirred a hornet's nest in the state as National Conference (NC), People's Democratic Party (PDP) and Congress have opposed any such move.
However, it would not be easy for BJP to implement its agenda as the issue stores a lot of complexities which needs to be entangled as many legal experts opine that abrogating the provision would put the accession of the state to Union of India in jeopardy because the nature of the accession of J&K is completely different from the merger of other states into the Union.
According to a Hindustan Times newspaper report, former Jammu and Kashmir High Court Chief Justice BA Khan says, "If Article 370 was abrogated, then technically and legally the foundation of Jammu and Kashmir's accession to India would cease to exist."
According to some experts under Article 368 of the Constitution, the Parliament has the power to amend the Constitution.
The Government can amend the Constitution to facilitate the abrogation of Article 370. But, it is easier said than done as BJP led National Democratic Alliance has 336 MPs in Lok Sabha whereas it requires support of at least 362 MPs to amend the Article. Moreover, such constitutional amendment also can't be passed in a joint session of the Parliament.
According to Lok Sabha legislation rules, "Money Bills and Bills seeking to amend the Constitution can't be passed by calling a joint session of the Parliament." |
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