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| Interlocuters' report to restrict Parliament's jurisdiction over Jammu Kashmir | | | Early Times Report
jammu, Apr 12: If the latest reports are to be relied on the cat is out of the bag of the interlocuters. The three interlocutors have, as per the reports, recommended that a constitution committee (CC) being set up to review all those central laws that had been extended to Jammu and Kashmir after 1952.
The CC should be headed by an eminent jurist and comprise members from the state and all over the country who are known for their merit, honesty and integrity. It should be left to the CC to decide which central laws needed to be repealed and which needed to be retained. In fact the interlocutors want those laws that restrict the state's powers in shaping the destiny of people of Jammu and Kashmir to be repealed.
Thank God the interlocutors have recommended that the report of the CC needs to be approved by the to houses of Parliament and the two houses of the state legislature. It has recommended that the CC, while reviewing all the central laws applied to Jammu and Kashmir, needs to take into account the dual character of the state as a constituent of the Indian union and as a state enjoying special status under Article 370.
The report simply raises three questions which merit consideration by the centre and by the CC. Its recommendation that the Parliament will make no new laws applicable to Jammu and Kashmir unless these are related to the country's internal and external security and vital economic interests means that the Parliament, which is the supreme law making body in the country, will have no jurisdiction or highly restricted jurisdiction over Jammu and Kashmir.
If it is so why then Jammu and Kashmir should have four Lok Sabha constituencies, three in the Kashmir valley, two in the Jammu region and join the Ladakh province?
Secondly, the report has favored that the arms of the clock be reversed. And in this connection when the state Government, has over 12 years, constituted a committee to review all the central laws that were extended to Jammu and Kashmir after 1953, the chairman of the State Autonomy Committee, D.D. Thakur, who was then the Finance Minister, had in the preface to the report stated that the arms of the clock cannot go back. He had meant that the arms of the clock of constitution cannot be reversed.
Since 2,000 when the National Conference accepted the state Autonomy committee, till date the state has been witnessing a furious debate in favour an against the concept of autonomy. Now that the interlocutors report seems to have revived the controversy. Is it time to consolidate gains in the spheres of politics and security in the state or trigger fresh trouble.
Thirdly, what guarantee is there that the Kashmir issue will lose its relevance once the interlocuters recommendations were accepted. If not anybody else the separatists do not find that acceptance of the interlocuters report would lead to the resolution of the Kashmir issue.
A senior separatist leader and a member of the Executive Committee of the APHC, Prof. Abdul Gani Bhat, says "if restoration of autonomy will lead to the settlement of the Kashmir issue why the problem was alive when the state enjoyed greater autonomy between 1947 and 1953 ?'
There are others who fear that Jammu and Kashmir may witness "anarchy" if the Parliament will have no or limited jurisdiction over the state.
Another question crops up. All the central laws were made applicable to Jammu and Kashmir after concurrence or approval by the state legislature. In most of the cases the state legislature gave its approval to the extension of various central laws when it had NC majority. And interestingly the same NC, though under a changed complexion has been demanding repeal of the central laws. |
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