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| ‘Seeking abrogation of Art 370 is a mistake’ | | | EARLY TIMES REPORT
JAMMU, Feb 1: Article 370 of the Indian constitution that guarantees special status to the state has evoked a serious discussion yet again. This time the discussions were triggered by BJP's Eakta Yatra. However, notwithstanding the seriousness of the issue, the commoner in the Valley seems totally indifferent to the Article that was frequently used o exploit him in the past.
While discussions go on, a legal luminary of India has made it clear that the said Article could not be abrogated for legal and constitutional reasons.
A senior lawyer in Kashmir Bar, Siraj-ud-Din Shah believes Kashmiris will not cry if the Article is omitted from the Indian constitution.
An unexpected answer from a Srinagar based lawyer. He elaborated. "Article 238 that contained the heart and soul of Article 370 has been omitted from the constitution some fifty years ago. What is left behind is useless", he said. Shah read the opening words of Article 370 to "expose biggest ever fraud committed by New Delhi to dilute the special status of Jammu Kashmir state." Article 370 reads: "Notwithstanding anything in this constitution, nothing in Article 238 shall apply to the state of Jammu and Kashmir." Article 370 is still there but Article 238 is missing! Why should anybody, therefore, demand removal of Article 370? Shah questions to make a point. "The people who demand its abrogation do not know that in its present form it serves their interests", he added. However, notwithstanding the lawyer's outburst, Article 370, according to former Union Law Minister, Ram Jethmalani cannot be removed. "It could only be amended or removed through a "constitutional coup", he said. Jethmalani while interacting with Media Persons at New Delhi last year said: "It is stated in the Constitution that Article 370 could neither be amended nor be removed without the approval of the Constituent Assembly. Since the Constituent Assembly ceased to exist after the adoption of the Constitution, it was not possible to alter or remove the Article now." Only a government that adopts an entirely different constitution and asks judges to follow it at the point of a gun could remove or amend the Article 370, he said. Jethmalani said the demand for abrogation of Article 370 was made when the BJP was in the opposition and in his opinion it was a mistake. |
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