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| GENIE IS OUT OF BOTTLE | | PDP unveils ‘self-rule’ document | | EARLY TIMES REPORT
JAMMU, Oct 25:
PROPOSES
• Restructuring of constitution , Renaming CM and Governor, Locally elected Sadr-e-Reyasat, Joint Senate with across LoC, Use of dual currency both sides, Roll back of All India Services
After a prolonged wait of nearly three years, the Peoples Democratic Party has today finally released its much talked about ‘Self-Rule document’ which the party claims can pave way for lasting solution of the Jammu and Kashmir problem.
The self rule concept in context of Jammu and Kashmir was first coined by then Pakistan President Pervez Musharraf in December 2005 and was subsequently adopted by the Peoples Democratic Party in January 2006, though in a different form and perspective. The party, however, could not release the document for two and half years, apparently due to its running trouble with the Peoples Democratic Party when it was part of the ruling coalition.
A comprehensive document on self rule, based on 42 pages, was released by PDP patron and former Chief Minister Mufti Mohammad Sayeed at a press conference in Srinagar this afternoon.
The document starts with a word of caution as it appeal for considering the same with a rational and objective view and not with a parochial and chauvinistic approach. “The Peoples Democratic Party is not presenting a solution; nor does it pretend to have one. Indeed, it is our belief that roadmaps prejudge the issue; readymade solutions make the problem a distorted image of what it actually is; and models make a mockery of specificity of the issue. As such, what we have attempted in this document is an internally consistent framework and indicative direction for resolution. We have tried to contextualise the issue at various levels and drawn the contours of a process for building sustainable peace in the State and the region. The essence of this document lies in trying to suggest a creative framework for resolution of the issue without compromising the sovereignty of the two nation states involved”.
Here are the broad contours of self rule proposal:
Regional Council: The centrepiece of the governance structure under self-rule is the cross border institution of Regional Council of Greater Jammu and Kashmir. The Regional Council of Greater Jammu and Kashmir will replace the existing Upper House of state assembly, and will be a kind of a regional senate. Members of the Regional Council will be from J&K as well as from Pakistan administered Kashmir. At present the state assembly of J&K holds 20 seats for representatives from across the line of control. These will be given up and replaced by the same number of seats in the Regional Council of Greater Jammu and Kashmir. This will serve as a major cross-border institution, which will ensure long-term coordination of matters and interest relating to the state.
Economic Integration: As a measure of economic integration on both sides of Line of Control, the PDP has suggested establishment of a common economic space and institution of dual currency system. “The process of economic integration of the two parts of Jammu and Kashmir can start with the easiest form of economic integration, a Preferential Trade Agreement”, says the document. In the PTA the two countries, India and Pakistan would offer tariff reductions, or eliminations confined to the geographical boundaries of “Greater Jammu and Kashmir” and restrict it to some product categories. Stage II would be to make GJAK a regional free trade area, with no tariffs or barriers between with GJAK, while maintaining their own external tariff on imports from the rest of the world, including India and Pakistan. GJAK will set a common external tariff on imports from India and Pakistan.
“Further, instead of looking for a monetary union, a new system of “Dual Currency” will be created, where the Indian and Pakistani rupees are both made legitimate legal tenders in the geographical areas of GJAK. A better description of this system is a “co-circulation of two currencies” in J&K. It is being proposed that Indian and Pakistani rupees should be the medium of exchange in J&K. To be more precise, it means, allowing circulation of the Pakistani rupee in the Indian part of J&K currency and circulation of Indian rupee in the Pakistan administered Kashmir. This has to be done if we want cross the Line of control trade to flourish”, the document explains.
Constitutional Restructuring: The self rule document has called for restoring the nomenclature of the head of the government and head of the state as it existed before 1965 and also suggested roll back of all India service.
The document, therefore, explains “Self-rule cannot exist without adequate constitutional safeguards. As the Constitutional position stands today, Article 356, undermines the core of Self-rule and has to be made non-applicable to J&K. In a similar vein, Article 249, applied to the State in amended form, should be rolled back so that the Parliament cannot exercise legislative jurisdiction over a matter that, otherwise, falls under the State jurisdiction.
Sixth Amendment of the Constitution of the State that undermines its original scheme of a comprehensive and accountable executive (inclusive of the Head of the State) a critical component of Self-rule, will have to be repealed. Prior to this amendment, the State Legislature elected Sadar-e-Riyasat, the head of the State.
The proviso, limiting the powers of State Legislature, has been added to Article 368, which deals with the powers of the Parliament to amend the Constitution of India and not the power of State Legislature to amend its own Constitution. The proviso is, therefore, totally and grossly out of place and ultra vires the constitutional scheme. The State Legislature’s constitutional power of amendment is the core of empowerment or Self-rule of the State and this cannot be destroyed by an order passed under Article 370. All India Service Act, 1951 and Article 312 be rolled back and the local human resources are provided clear and unhindered opportunity to develop their full potential and it is trusted to manage the affairs of the State”. |
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