Sunil RP Sethi
With applicability of Constitution of India in toto alongwith all amendments to the State of Jammu and Kashmir (Now Union Territory of Jammu and Kashmir and Union Territory of Leh) in August 2019, the old edifice of State Subject Concept and the Separatist tendencies attached to it finally fell down. With Art 35 A and Art 370 which were propagaters of separatism and separate identity having gone it was time of complete amalgamation of Jammu and Kashmir and Leh in the national mainstream.
The separatism, distinct and different identity which had existed in Jammu and Kashmir state since 1947 was more mental and psychological than mere legal or constitutional. This mental block and barriers in fact had led to creation of provisions in now non existing Constitution of Jammu and Kashmir to create blockades to the entry of people from rest of India in the state whether in services or land holdings or scholarships and education. Provisions of state subject which were created by erstwhile Maharaja in different context and at different political times, were misinterpreted and misconstrued to perpetuate the nefarious designs of keeping youths of Jammu and Kashmir within geographical boundaries. Furthermore as rein of power was always with Kashmir who manipulated the recruitment process to create large scale imbalance in govt jobs between Kashmir and Jammu. Leh Ladakh was worst sufferer. When we see large scale imbalance in regional representation in govt jobs , it is the result of this isolation approach perpetuated through Article 35 A or Article 370.
The decision of Parliament to extend Constitution of India with all amendments to Jammu and Kashmir was with the desire and objection to ensure complete amalgamation and emotional and psychological integration of people of Jammu and Kashmir with national mainstream. Ensuring inflow and outflow of services was inherent in that effort where people from Jammu and Kashmir will go to other states for jobs and people from other states will also come to New Union Territory for jobs and everyone has equal opportunity to compete and get job throughout the country.
Looking to number of vacancies presently available around 70 thousand vacancies are in upto Leval 4 and about 7 thousand only are available in gazetted cadre. Central Government has still created favourable position for youth of Jammu and Kashmir by reserving 90 percent of jobs for them and opening rest of job for open competition. But this comes with huge opportunities of Jammu Kashmir youth also getting opportunities of competing for gazetted cadre throughout country where number of posts will be more than 100 times the number of posts in Jammu Kashmir.
So while we allow competition for posts in Gazetted cadre in Jammu Kashmir Union Territory, we also get opportunities to compete for huge service bank in rest of country. When people from rest of the India will come to Jammu and Kashmir for service and youth of Jammu and Kashmir will go to Assam or Maharashtra or Tamilnadu, it will lead to true spirit of oneness between us and will ensure lasting peace.
Mental and Psychological blocks which had been created in youth of Jammu and Kashmir over several decades to use them as vote bank has to crumble down and new order has to emerge giving new hope and opportunities to local youth and open its wing and fly. They had been caged within geographical boundaries for long and are afraid to move out but once they fly out they will understand how inviting and beautiful is outside world.
The vested elements are trying to instigate youth of Jammu Kashmir on one pretext or other but everyone has to understand that they have been kept in chains within Jammu Kashmir for political reasons and motives and such vested interests are having their own axe to grind and are intact wolves and lambs clothing. They have succeeded in using local youth for disruption and militancy by these tactics only.
(The author is senior Advocate)
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