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| No basis for controversy over WP refugees issue | | |
Now that the BJP is on the backfoot over the loss of one Rajya Sabha seat from Jammu and Kahsmir and on account of exit and opinion polls showing the BJP performing below the expectations in the Assembly election in Delhi the saffron brigade may not insist on seeing some contentious issues,including Article 370 ,lifting of AFSPA and citizenship rights to the refugees from West Pakistan settled in Jammu to bedevil the relations between the BJP and the PDP..
Since the PDP finds its going may become a bit tough following campaign launched by separatists in the valley against plan on granting citizenship rights to the West Pakistan refugees it may not agree to the BJP,even when the two agree to share power in the state, demanding grant of citizenship rights to the refugees from West Pakistan.
What seems to be intriguing in the campaign against grant of citizenship rights to the West Pakistan refugees are the fears expressed by the separatists and some valley centric political parties over the possible change of demographic character of Jammu and Kashmir.This argument sounds not only intriguing but ludicrous because by giving citizenship rights to these refugees the demographic character of the state cannot get altered.It is so because two regions of the state,Ladakh and Kashmir valley are Muslim majority areas and by granting citizenship rights to these refugees who are settled in 137 hamlets in areas close to the International Border in the Jammu sector the muslim majority character of the Kashmir valley and Ladakh will not register any change.
Even the region of Jammu where muslims constitute over 32 per cent population and Hindus being 65 per cent giving citizenship right to just one lakh refugees may not alter the population character.What is more important is that a recommendation by a joint Parliamentary committee is not mandatory for the Jammu and Kashmir Government to implement.
The state of Jammu and Kashmir enjoys special status under Artcle 370 of the constitution ,within the union of India..
And under this Act no central law could be made applicable directly to Jammu and Kashmir.Any central law can be extended to Jammu and Kashmir on the approval of the state legislature. Hence the state legislature has to give its consent to the recommendation made by the JPC.In the past scores of central laws have been made applicable to Jammu and Kashmir only with the consent and approval of the state legislature.And even if the state legislature decides to implement the JPC recommendation the legislature has to amend the Constitution with reference to the state subject law.
Hitherto the BJP is not in a position to muster the support of about 60 MLAs for getting the state constitution amended.The BJP has 25 MLAs and at the most it can garner the support of one two independent MLAs.In any case it has to bank on the support of the PDP and some other independent MLAs.
As far as the independent MLAs from the Kashmir valley are concerned they are not prepared to support the BJP.Had these MLAs from the valley been keen to support the BJP, Chander Mohan Sharma would have not been defeated.He lost to Ghulam Nabi Azad who was supported by the NC and three independent candidates from the valley,namely Engineer Abdul Rashid,Hakim Mohd. Yasin and CPIM MLA,M.Y.Tarigami.
What seems to confuse political observers is the level of conflict and controversy over the issue when the BJP does not have the strength to get the Act amended. Even the Parliament does not have the jurisdiction for amending the state constitution with reference to the state subject law enacted in 1927. In fact the controversy had been triggered by the separatists,both from the camp of moderates and hardliners.
Their threat to launch a sustained agitation if the WP refugees were granted citizenship rights has made the PDP to think twice about the issue..As such the PDP may not venture to try for securing two-third support for amendment to the state subject law.Hence the row over the issue is uncalled for and it would be better for the BJP to convey to people in the region of Jammu,especially to the WP refugees that since the party does not have a two-third majority it cannot fulfill the commitment made by the JPC. |
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