Ashwani Kumar Chrungoo
The newly constituted J&K Legislative Assembly on 6th November 2024 passed a resolution on the so-called restoration of the ‘special status’ of the Union Territory of Jammu & Kashmir. The introduction of the resolution clearly smacks of a conspiracy and also exhibits a rat-race of the NC with the other Kashmir centric political parties to take credit for this ego-satisfying act. On the very first day of the Assembly, one PDP member of the Assembly unceremoniously, without the permission of the Speaker, sought to introduce a similar resolution which was rejected by the Speaker. The Chief Minister, Omar Abdullah in his speech in the Assembly on the same day rejected it and said that it was only a ‘publicity stunt’ and was ‘done for cameras’. Now the same thing has been done by the NC through its Dy. Chief Minister showcasing their eagerness to checkmate their rivals in and outside the assembly.
The principal opposition party in the assembly, the BJP, was left with no option but to protest against the resolution brought in a surreptitious manner by the ruling party with the explicit support of the Chair. BJP’s members were observed demanding withdrawal of the so-called resolution, and their protests within and outside the assembly remained unabated. The stalemate continued for the full session and there seemed to be no solution in the given circumstances. A few of the BJP MLAs were ordered by the Speaker to be whisked out of the House and some ugly scenes of ruckus and free-for-all were also seen live by the people on the media channels. The opposition members also staged a walk-out in protest against the proceedings in the House and they also accused the Speaker and the ruling party, the National Conference, for the unfortunate happenings in the House.
The other Kashmir centric political parties and groups in the assembly sought to criticize the ruling NC for a ‘weak resolution’ on the issue of the so-called restoration of the Article 370/35A. They suggested that new resolutions be brought on the table of the House condemning the 5th August 2019 actions of the Parliament. However, neither the government nor the Chair allowed that to happen. However, a full session of the Assembly got wasted without any fruitful discussion on any issue concerning the welfare and good of the public in general.
While the ruling National Conference can claim that it implemented its promise made in its manifesto of bringing a resolution on Article 370 in the House, it also very well knows that the J&K Assembly has no constitutional, legal or operational power to do anything beyond what has been done by it on the issue. Due to the quality of the proceedings in the House, it is not even an act of academic nature but is only aimed at to satisfy the ego of a section of the people that claims having got hurt on 5th August 2019. The off repeated statement of the CM Omar Abdullah that they wanted to ‘show to the world’ that they opposed the abrogation of the Article 370 confirms the fact that the NC was more interested in show-business than anything else.
The J&K Legislative Assembly is subservient to the Indian Constitution and the Parliament of India. It has no powers to undo the action/s of the Parliament particularly when the Supreme Court of India has already held the actions of the Parliament in regard to the Article 370 etc constitutionally valid. Everyone knows that Article 370 was incorporated in the Constitution of India by the Constituent Assembly of India in 1949. The Constituent Assembly gave all its powers to amend the constitution to the parliament of India under the well explained provisions of the constitution. The government of India always maintained that the said Article was brought into the Constitution under ‘special circumstances’ and that the Article would be done away with in due course of time. The first Prime Minister of independent India, Jawaharlal Nehru, himself reiterated this ‘resolve’ a number of times in and outside the parliament of India.
Article 370 created a separatist sentiment among certain sections of the people of the state and also facilitated a special and undue treatment to the state and was thus the ultra vires of the constitutional scheme of things. By virtue of Article 370, the J&K state had a separate constitution (which had no reference in the Indian constitution), a separate flag and a separate emblem as well which were vehemently opposed by the nationalist leaders and parties throughout the nation. Under its provisions, the President’s promulgation followed by a constitutional order was issued in 1954 (without any notice to the then parliament) that gave birth to Article 35A which created two sets of citizens in the J&K state as permanent citizens and non-permanent citizens.
The demand of Sheikh Abdullah, who sought special status for Jammu & Kashmir, was vehemently opposed by Dr. Shyama Prasad Mukherjee and Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Constitution of India. Ambedkar is on record having told Sheikh Abdullah in an important meeting that, “you want India to defend Kashmir, you want Kashmiris to enjoy all rights all over India but you don’t want India and Indians to enjoy all rights in Kashmir. I am Law Minister (of India), I can’t be a party to acts of betrayal”. A consistent campaign against the Article was unleashed by a number of national political leaders in 1951-52 including the veteran Dr. Shyama Prasad Mukherjee. His argument was that the Article 370 was incorporated in the constitution by Nehru to appease Sheikh Abdullah and the Article was responsible for creating a wall of hatred. He sacrificed his life in Kashmir in this connection.
When the abrogation of Article 370/35A was challenged in the Supreme Court of India by some NGOs, political groups and leaders, the Supreme Court clearly observed during the hearing that Article 370 was purely a temporary and transitory provision and was also nomenclatured in the constitution accordingly. It was never a permanent arrangement in the constitution. The Article had also an internal provision to get itself amended and abrogated too. The court brushed aside the concept of the so-called sovereignty or the divisible sovereignty (internal and external sovereignty) of the J&K state. The constitutional bench of the Apex court maintained that the Maharaja of the J&K state had surrendered complete sovereignty to the Union of India like all other states while signing the Instrument of Accession in 1947. It said that Article 35A was discriminatory in nature and was violative of the fundamental rights of the citizens guaranteed under Article 16, 19, 20 and 21 of the constitution of India.
The highest court in its judgement, elaborately and very well clarified that there was no malafide intention visible in exercise of the powers under Article 370(3) by the President of India when legislative action to make Article 370 dysfunctional was taken by the Parliament on August 5, 2019. It is noteworthy for the Chief Minister, Dy. Chief Minister, Speaker and all MLAs of the Legislative Assembly of Jammu and Kashmir that the Apex Court declared that the President of India had no necessity of any consultations with the state legislature/state constituent assembly to bring to an end the existence of Article 370. It is ironic that the Kashmir centric political parties on the one hand were talking of democracy, constitution and rule of law and on the other hand demanded permanence based on the crown that is long gone for their own political vested interests and ego-satisfaction.
PM Modi has made a categorical statement on the latest J&K situation and has said that ‘no power on earth can bring Article 370 back’. However, there are a number of elements in Jammu & Kashmir who would always like to get the J&K government, the Assembly and the political class into a direct and perpetual confrontation with the government of India, Parliament of India and also the Supreme Court of India. In such a situation, the responsible people in the Indian establishment need to think afresh about the emerging political situation in Jammu and Kashmir particularly in the context of the proceedings of the inaugural session of the J&K assembly. This is only a tip of the iceberg keeping in view the potential of the trouble-makers and their bosses in foreign lands. While terrorism has not died down in the state, the political situation is being put to inferno to recreate the 1990s situation. Time for the necessary review by the government of India seems very near and the ball is now in the court of the government of India.
(The author is a senior BJP and KP leader)
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