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| 1975 accord didn't contemplate restoration of 1952 position | | NC Distorting Facts -- I | | Rustam
EARLY TIMES REPORT
JAMMU, June 16: Senior Congress leader and former union minister Makhan Lal Fotedar's June 13 Srinagar statement that chief minister Omar Abdullah "was not born" when Jammu and Kashmir acceded to India has, it appears, rattled the NC leadership to the extent that it is finding extremely difficult to counter what Fotedar said. Fotedar had asserted in response to media queries that the accession of the state with India "is final" and "no one can reopen the issue." He had, in addition, censured Omar Abdullah and his coalition government and publicly hailed the Mufti Mohammad Sayeed's era as the "golden period" in the state.
What Fotedar said has upset the NC leadership. It has tried to counter the Congress leader but by taking recourse to falsehood. It has, for example, distorted facts by asserting that the 1975 accord between Prime Minister Indira Gandhi and Plebiscite Front leader Sheikh Abdullah, who earlier had remained behind the bars for years for his anti-state activities, had contemplated the restoration of 1952 position in Jammu and Kashmir. The 1975 accord nowhere suggested restoration of the 1952 position. On the contrary, the 1975 accord rejected outright the Sheikh Abdullah's demand that all the central laws extended to the state after August 1953 be withdrawn. It would be appropriate to quote here relevant clauses of the accord to set the record straight and call the NC's bluff.
Clause 1: "The state of Jammu and Kashmir, which is a constituent unit of the Union of India, shall, in its relations with the Union continue to be governed by Article 370 of the Constitution of India."
Clause 2: "The residuary powers of legislation shall remain with the state; however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National flag, the Indian National Anthem and the Constitution."
Clause 3: "Where any provision of the Constitution of India had been applied to the state of Jammu and Kashmir with adaptations and modifications, such adaptations and modifications can be altered or repealed by an order of the President (of India) under Article 370, each individual proposal in this behalf being considered on its merits; but the provisions of the Constitution of India already applied to state of Jammu and Kashmir without adaptations or modifications are unalterable."
Clause 4: "With a view to assuring freedom to the state of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal laws and procedural laws, in a manner suited to the special conditions in the state, it is agreed that the State Government can review the laws made by Parliament or extended to the state after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President's assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to laws to be made by Parliament in future under the proviso to clause 2 of that Article. The State Government shall be consulted regarding the application of any such law to the state and the views of the State Government shall receive the fullest consideration."
Clause 5: "As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to the state should be made by Presidential order to that effect that no law made by the legislature of the state of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of the Constitution of state of Jammu and Kashmir relating to any of the under-mentioned matter, shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent; the matters are (a) the appointment, powers, functions, duties, privileges and immunities of the Governor; and (b) the following matters relating to elections, namely, the superintendence, direction and control of elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the legislative council, being matters specified in sections 138, 139 and 140 of the Constitution of the state of Jammu and Kashmir."
Clause 6: "No agreement was possible on the question of nomenclature of the Governor and Chief Minister…"
Clause 7: "The proposal (regarding the curtailment of the jurisdiction of the Supreme Court of India) could not be accepted because it is considered important that the Supreme Court should continue to have its original and appellate jurisdiction in matters of writs, appeals and other matters…" (To be continued) |
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