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| Congress didn't take initiative to settle Kashmir issue, says Taj | | 1975 Indira-Sheikh Accord | |
NEHA
JAMMU, May 6: Congress minister in the NC-led coalition government Taj Mphi-ud-Din has done well to make common cause with Congress MP Lal Singh and make it loud and clear that his party is neither with autonomy nor with self-rule. However, his statement that the "Congress has not taken any initiative for the settlement of Kashmir issue even within the ambit of the 1975 (Indira Gandhi-Sheikh Abdullah) Accord" is both disturbing and misleading. Taj Mohi-ud-Din has only strengthened the protagonists of autonomy like the NC additional general secretary Mustafa Kamaal who have been accusing the Congress of not implementing the 1975 Accord in letter and spirit for quite sometime now.
What did the 1975 Accord provide for? Did Indira Gandhi not implement the Accord? Clause 1 of the Accord said: "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 said: "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 said: "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the state of Jammu and Kashmir with adaptations and modifications, such adaptations and modifications can be altered or repealed by an order of the President (of India) under Article 370, each individual proposal in this behalf being considered on its merits; but the provisions of the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 said: "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 said: "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 said: "No agreement was possible on the question of nomenclature of the Governor and Chief Minister…"
And, clause 7 said: "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".
The then Prime Minister Indira Gandhi implanted the Accord in letter and spirit in 1975 itself and much against the wishes of the local Congress leadership. Gandhi brought down the government of her own party to implement the Accord. The immediate fall-out was the appointment of Sheikh Abdullah as Chief Minister, notwithstanding the fact that his own party Plebiscite Front didn't have a single member either in the Legislative Assembly or in the Legislative Council. He himself was not a member of any of the two Houses. Sheikh Abdullah not only got state power on a platter but he also reviewed all the central laws and institutions.
Believe it or not, but it is a fact that he did not recommend withdrawal of any of the central laws and central institutions. Again, believe it or not, but it is a hard fact that the Sheikh allowed New Delhi to extend more central laws to the state. His son Farooq Abdullah did the same thing during his rule.
Can Taj Mohi-ud-Din point out which of the seven clauses of the 1975 Accord was/were not given an effect to by the Congress? He cannot because the Accord was implemented in full. Taj Mohi-ud-Din has, it appears, not studied the 1975 Accord. Had he studied it he would not have accused the party to which he himself belongs of not taking initiative to settle the so-called Kashmir issue "even within the ambit of 1975 Accord". He needs to explain what he meant by "settlement of Kashmir issue within the ambit of 1975 Accord". He just cannot accuse the Congress of not implementing the Accord which already stood implemented. The fact of the matter is that he knows what he has said and what he has said must have pleased the likes of Mustafa Kamaal. |
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