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Abhi Delhi door hai
NC can have a laugh but not the last laugh
12/25/2009 2:00:32 AM

Early Times Report
Jammu, Dec 24: Justice Sageer’s report evoked mixed reaction in the state. The separatists simply ignored the recommendations. The peoples democratic party (PDP) took it with a pinch of salt. It said the report was unclear. The National Conference missed no opportunity of scoring a point against their rivals.

Jammu Kashmir is a very sensitive issue. The gullible people in India believe that Jammu Kashmir binds them to the Indian union. Therefore, developments in the state are viewed with extreme caution and interest. Scores of states in India are up in arms against New Delhi. Some demand absolute sovereignty and some are unhappy with the system. Granting autonomy to Jammu Kashmir at this stage, therefore, is not simply possible. It will have a serious bearing on government of India. It may end up in a change in the pattern of governance as other states may also start demanding autonomy. Is India prepared for a federal system of governance? This perhaps is the reason that the BJP government did not consider National Conference’s autonomy document.

Some people in the state believe that autonomy was the best solution to the vexed problem. But how can the goal be achieved? Can it be granted by the Prime Minister and his cabinet? According to constitutional experts, the government has to go to the parliament and amend the constitution, or re-induct the omitted articles that spoke about autonomy of the state. This also is not possible. The government lacks the numbers required for passing such legislation. The opposition shall oppose such move tooth and nail for obvious reasons.

And shockingly this is the only recourse available. The government has to go to the parliament if it is serious about the issue. The article on central-state relations was omitted from the Indian constitution through an amendment during Bakshi’s rule. In absence of Art 238, the Article 370 is useless.

To have a better understanding of the situation, one must go to the opening words of Article 370. It reads: “Notwithstanding anything nothing in Article 238 shall apply to the state of Jammu Kashmir.” By omitting 238, the government of India actually wanted to dilute Art 370 without attracting attention of the people of the state and the outside world.

The people in the Valley, politicians say, are in favour of retaining article 370. National Conference and PDP workers say that it guarantees their honour. However, the people in Jammu have been opposing the article vehemently. They have been seeking its omission from the constitution. The people of both the regions
do not know that the article is as hollow as a pipe in absence of Article 238. Whether it remains there in the constitution or is omitted makes no difference.

The National Conference, therefore, can have a laugh but not the last laugh. It is too early to celebrate. Whether the mission reaches it logical end or not remains to be seen. Abhi Delhi door hai.
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