Article 35A, 370 against basic tenets of Constitution: Chrungoo

Excelsior Correspondent
JAMMU, Apr 1: The BJP State spokesperson on Kashmir Affairs, Ashwani Kumar Chrungoo while responding to the statement of PDP chief and former Chief Minister, Mehbooba Mufti who said that the Article 370 was incorporated in the Constitution in respect of Muslim majoritarian character of the State, said her statement clearly indicates that the Article 370 ensures a communal disparity based upon Muslim majoritarianism and Muslim precedence in the J&K.
Chrungoo said it needs to be clarified that this disparity and assurance are in contravention of the preamble and the basic structure of the Indian Constitution. The preamble and the basic structure of the Indian Constitution are founded upon the doctrine of equal rights, secularism and liberty coupled with fundamental rights and equality before law.
Both, Article 370 and Article 35A are thus ultra vires of the spirit and essence of the Indian Constitution. Moreover, while Article 370 has been designated as a temporary provision, the Article 35A was introduced by the Presidential Order in 1954 and not by the Constitution Amendment Bill in the Parliament which directly infringes Article 368 of the Indian Constitution. The Constitution Amendment Bill needs approval in both the houses of Parliament which in case of Article 35A was not done in 1954, he added.
Chrungoo said its provisions are against the scheme of fundamental rights enshrined in the Constitution nor the founding fathers of the Constitution felt its desirability at the time of the adoption of the Constitution.
BJP would like to make it clear that any threat issued by any political leader in this regard so far as the removal of the controversial articles are concerned is fraught with serious consequences. In the democratic system, discussions and debates on issues cannot be allowed to be replaced by threats and anarchy or rebellion against the State. The Government in that case will have to take necessary measures against those leaders who day in and day out are instigating people against the nation’s unity and integrity.
People in the State have a clear option to reject such leaders who raise controversial issues. Those statements which are against the unity and integrity of the nation are not acceptable to the nationalist people of the State. The leaders using such language will be rejected by the people in the ensuing Lok Sabha elections.
Jammu region, which has undergone seven decades of discrimination at the hands of Congress, NC and PDP has been brought at par in context of development by the Modi Government during the last four years. The sitting MPs of the Jammu region have worked tirelessly for the benefit of the region. Jammu-Poonch Constituency has been granted a number of schemes, projects and plans by the Modi Government which have brought a drastic change in the landscape of the region.
The promises made to the people were translated into action and developmental plans were implemented on the ground by the concerned authorities. Progress in some important projects is in full swing in the Jammu-Poonch Parliamentary Constituency, he added.