P C Sharma
This is apropos the ongoing debate all over the country with regard to revocation of art. 35-A whilst the matter is subjudice in the Apex Court of the country. The matter has assumed greater significance when the Supreme Court of India has chosen to seek the response and considered view of union Govt in relation to the impugned Art. 35-A which gives desired protection to highly controversial and temporary Article 370 granting special status to the state of J&K under the constitution of India. Kashmir centric political parties and the separatist Hurryiat conference have quickly gone into huddle and decided to oppose the revocation of the said article tooth and nail in the court on the basis of all available cogent legal evidence coupled with the support of well known legal stalwarts.
Notwithstanding the aforesaid averments Art.35-A must go lock stock and barrel on the following grounds:- Article 35-A has proved to be huge road block in the process of comprehensive National Integration vis-a-vis Kashmir valley. Kashmir centric political parties openly raise the bogey of autonomy and self rule and unduly project Pakistan as the stakeholder on the K issue. It is in direct conflict with article 14 and 16 of the Indian constitution and is brazenly discriminatory in nature. Article 14 grants right to equality/ equal protection of laws to all Indian citizens while article 16 provides a right of equality of opportunity in the matters of employment. It is laid down in the Indian constitution that the successive Union Governments will ensure that no population imbalance occurs in any of the state but contrarily article 35 A has been instrumental in making J&K a Muslim majority state. Article 35 A was added to strengthen the article 370 by way of a presidential order in 1954 whereas article 370 was itself a temporary provision which was supposed to erode with passage of time as stated by first Prime Minister of India Pt. Jawahar Lal Nehru in a parliamentary debate. There is a separate state constitution, separate state flag and all the laws framed by the Parliament are not automatically applicable in state of J&K. All these factors put together resulted into a persistent all time nagging so called Kashmir problem which the nation is confronted with. This is the most opportune time for the Apex Court to take the call and get rid of article 35 A forever to ensure that there is no question mark on the integration of J&K State into union of India.
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