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NC demands revocation of Central laws
Delhi & Kashmir
7/24/2012 11:58:07 PM
Rustam
Jammu, July 24: The National Conference of the Abdullah family yesterday again reiterated its demand seeking withdrawal of the Central laws "unlawfully" extended to Jammu & Kashmir and sought solution to the so-called Kashmir issue under "insaniyat ka dayira".
Did New Delhi extend a single Central law to the State between 1949 and till date without the consent or concurrence of the Jammu & Kashmir Government? The answer is a big NO. Yes, New Delhi extended 260 out of 395 Articles of the Indian Constitution to the State. It is also true that New Delhi applied to the State 94 out of 97 entries in the Union List. Similarly, it is also a fact that New Delhi applied to the State 26 out of 47 entries in the Concurrent List. Likewise, it is also a fact that New Delhi applied 7 out of 12 schedules of the Indian Constitution. But it is also true that New Delhi brought the State under the ambit of these Central laws, entries in the Union List and Concurrent List and Central Schedules with the consent of or on the demand of the State Government. This is the procedure Article 370 of the Indian Constitution, which regulates Centre-State relations, prescribes. One may put in any amount of effort to find if New Delhi ever imposed its will on the State against the State's will one will come out of the exercise minus everything.
Can the National Conference refer to any Central law which New Delhi forced down the State Government's throat using foul means or violating Article 370? It cannot refer to any such Central law because New Delhi has been more than fair while dealing with Kashmir. It is a different issue that New Delhi overlooked the aspirations, sentiments and needs of the people of Jammu and Ladakh and did whatever the Kashmiri leadership wanted it to do.
That New Delhi has been over generous towards the Kashmiri leadership and their demands, reasonable or otherwise, could be seen from the report of former Deputy Chief Minister DD Thakur, who had commended all the Central laws saying the same had only benefitted the State and its people. Sheikh Abdullah, who had set up a committee in 1977 to look into the Central laws extended to the State after August 1953 and suggest withdrawal of those laws which had harmed the interests of the State and eroded the State's autonomy, had appreciated Thakur and his recommendations and accepted his report in full. More importantly, Sheikh Abdullah had rejected outrightly the report of GM Shah and Ghulam Nabi Kochak, senior Ministers in the Government, on the same subject, notwithstanding the fact that they had recommended wholesale withdrawal of the Central laws and institutions from the State. This is the factual position. Sheikh Abdullah, in addition, allowed New Delhi to extend more Central laws to the State.
Even the National Conference Government of Farooq Abdullah acknowledged that New Delhi did not extend Central laws to the State against the will of the State. Just look at page number 63 of the State autonomy committee report and see for yourself the factual position. The last paragraph of page number 63 reads like this: "Successive State Governments had in the past accorded their 'concurrence' for various reasons and under various political compulsions. No State would otherwise willingly accept curbs on its autonomy". Will the National Conference reveal what those "reasons" were and what were those "political compulsions"? It would be better if it stops misinformation campaign which it has launched to divert the people's attention away from the real issues.
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