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| Abdul Rahim wrong, NC itself a party to the erosion of internal autonomy | | | Early Times Report
Jammu, Sept 21: Addressing media persons in Srinagar after meeting the all-party parliamentary delegation on Monday, NC leader and Finance Minister Abdul Rahim Rather said that "the NC delegation has met the all-party delegation and asked it to restore autonomy to the state that has been eroded unconstitutionally." He was absolutely wrong. He only spoke a white lie to hide the guilt of his own party. He knows it full well that the state has been brought under the ambit of hundreds of central laws with the prior "concurrence" of the state government or on the request of the state government and that all the central laws have only benefited the people of the state. This is what Article 370, which governs the Centre-State relations, provides for, nothing less, nothing more. Article 370 simply says that no central law can be extended to the state without the consent or the concurrence of the state government. It is because the solitary State of Jammu and Kashmir enjoys the residuary powers.
Yes, it is true that the people of J&K do not enjoy the same fundamental rights their counterparts in other parts of the country enjoy. It is not because New Delhi doesn't want the people in the state to enjoy all the fundamental rights as envisaged/recommended by the Indian Constitution. It is because the canny, selfish and undemocratic Kashmiri leaders, who want to exploit the people of Kashmir to the hilt for promoting their selfish intentions, do not allow New Delhi to abrogate the anti-people and anti-democratic Article 370. They, including Abdul Rahim Rather, have all along sought to mislead the people of Kashmir by saying that abrogation of Article 370 would immediately mean the rise of a regime under which the Indian citizens would have the right to own immovable property in the state and obtain state government jobs. It's a lie of sorts. It's just a false propaganda.
It must be underlined that Article 370 has nothing to do with what the likes of Rather have been saying and advocating. It is the State Subject Definition of 1927 that bars the people other than the permanent residents of the state from acquiring immovable property in the state and obtaining jobs under the state government. Actually, Article 370 has deprived the people of the state of even those normal civil and political rights which are available to the people inhabiting other parts of India. Article 370 has, in short, given absolute and unbridled political and legislative powers to the Kashmiri leaders and they have been making full use of these powers to exploit the common people and enrich themselves at the cost of them and the nation. Hence, their opposition to the demand seeking abrogation of Article 370 is motivated. It is this negative approach to Article 370 that has led to the unrest in Kashmir.
The fault also lies with the people in Kashmir because they have never thought it prudent to sit up and discuss the implications of Article 370 as far as their general civil and political rights and interests are concerned. They are suffering because they have never ever questioned the evil-intentions of those fighting for the retention of Article 370. On the contrary, they have allowed themselves to be carried away by those who have been misinterpreting Article 370 for personal reasons. Some of them are demanding independence from India saying they are fed up with the Indian political system that doesn't allow them to exercise fundamental rights. Actually, they should have demanded independence from the canny, corrupt, selfish and unscrupulous Kashmiri leaders. For, they and they alone are responsible for their deprivation. That they have not learned any lesson from their mistakes is clear from what they have been doing particularly since June 20 this year. They should have unleashed a no-holds-barred campaign against the Kashmiri leaders, without any exception, and fought for their civil and political rights. Instead, they have walked into the trap of those who are responsible for all the ills afflicting the Kashmiri society.
Abdul Rahim Rather and others of his ilk make a mockery of themselves when they foolishly assert that no authority can abrogate Article 370. They always argue that it was the Constituent Assembly of the state that adopted Article 370 and since that Constituent Assembly ceased to exist after the adoption of the Jammu and Kashmir Constitution in November 1956, no authority, not even the Jammu and Kashmir legislature or Indian Parliament, could abrogate Article 370. It's a silly argument. Constituent Assembly is not a permanent body. It is elected or constituted for a limited purpose: Framing of constitution. Once the constitution is so framed and adopted, it ceases to exist. Thereafter, it is the legislature that enjoys absolute legislative powers, including the power to amend the constitution. You do not elect a new constituent assembly to amend the constitution. The state government has amended the constitution umpteen times because there are definite provisions in the state constitution which enable the state government to amend the constitution according to the needs of the people and exigencies of the time. (To be continued). |
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