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| Articles 35-A, 370 can be repealed in one minute | | Constitutional position | | Early Times Report
JAMMU, July 21: Think-tanks in Kashmir and parties like NC and PDP are giving the people of Kashmir to understand that Article 370 and 35-A are bridges between J&K and the rest of the country and that J&K would go out of India in case these were abolished. They are also misleading the people of Kashmir that the accession of J&K to India was based on these Articles.
They are wrong on both counts. Accession of J&K to India took place on October 26, 1947, the day Maharaja of the state, Hari Singh, signed the Instrument of Accession. He signed the Instrument of Accession in terms of the Constitutional law on the subject: Indian Independence Act of 1947, under which Pakistan was also created. Besides, Article 370 has nothing to do with the Accession business. It was adopted on October 17, 1949 as a "temporary" provision. And "Temporary provision cannot be considered a permanent provision by any stretch of imagination. Similarly, Article 35-A was introduced in a surreptitious manner on May 14, 1954, seven years after the state's accession. But more than that, Article 35-A didn't have the sanction of parliament, the supreme law-making body. Not just this, Article 35-A is not part of the main body of the Indian Constitution. Not only this. Both these Articles negate the very Preamble of the Indian Constitution, which advocates equality among all across India. Think-tanks in Kashmir say Articles 35-A and 370 cannot be abolished. This is a flawed view. The constitutional position is that the President of India on the advice of the Union Cabinet can revoke both these Articles in five-minute time. Under Article 370, the President of India enjoys absolute and unbridled executive and constitutional powers. To be more precise, the Union President can revoke Article 370 and 35A by invoking Article 370 itself.
Kashmiri leaders have started misinformation campaign to arouse communal passions in Kashmir as the Supreme Court of India is all set to hear 4 PILs against Article 35-A. |
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