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JK CM cannot be PM and Governor Sader-e-Riyasat
1/13/2011 12:19:50 AM
Early Times Report
Jammu, Jan 12: With New Delhi's nominated interlocutors making clear that no change in the nomenclature of the posts of Governor and Chief Minister had been suggested, the advocates of autonomy must be disappointed.
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. 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. How to achieve the goal? 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 amendments. The opposition shall oppose such move tooth and nail for obvious reasons.
And shockingly this is the only recourse available. Going to the Parliament is a necessity if it (Union Government) is serious about the issue. The article on central-state relations was omitted from the Indian constitution through an amendment during Bakshi's rule. Pertinent to mention Article 238 spoke about nomenclature of the top posts of the state. In absence of Art 238, the Chief Minister of Jammu Kashmir cannot be the Prime Minister and Govrnor cannot be the Sader-e-Riyasat.
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