Abrogation of Art 370 used to be an election issue for BJP till 1998. Once BJP formed the government at the centre and began to deal with the J&K issue, it went back on its rhetoric and supported the continuation of Art 370. As the union Home minister, Advani supported the existence of Art 370 in clear terms. While in power, BJP was open to the idea of dialogue with various stake holders in J&K including the separatist Hurriat faction.
Home Minister L.K. Advani today categorically ruled out in the Rajya Sabha the abolition of special status to Jammu and Kashmir, saying it was not on the agenda of the NDA government.“It is not on the agenda of our government to scrap Article 370 (which gives special status to Jammu and Kashmir),” the Home Minister told Mr Balwant Singh Ramoowalia during question hour.
"The demand for restoration of pre-1953 position will never be considered... We do talk about Article 370 but there is Article 371 and sixth schedule of the Constitution also," Mr Advani said. "The autonomy is not a big deal but I would prefer to use the expression decentralisation of power rather than autonomy."Mr Advani, who is also the Home Minister, said mere debate on the autonomy issue was no cause for concern. "These demands rose from time to time... The Sarkaria Commission, which recommended more powers to the states, was constituted because of such demands."He, however, suggested decentralisation of power as the requirement for the moment.
In March 2004, in the run up to Lok Sabha elections, BJP released a vision document for 20 years and it was silent on the abrogation of Art 370. That time BJP responded in the following way
New Delhi, Apr 1 (PTI) Close on the heels of the party avoiding any direct reference to its pet issue of Article 370 in its 'Vision Document', Bharatiya Janata Party Thursday said there was a perceptible difference in the situation in Kashmir over the last 50 years. "There is a difference of sky and earth between the situation in Kashmir at the time of late Shyama Prasad Mukherjee, who sacrificed his life for integrating the valley with the rest of the country, and now," party General Secretary Pramod Mahajan told reporters here. He said while the Jansangh founder went to Kashmir defying the permit system required to enter the state, now Federal institutions like Supreme Court, Election Commission and even the Central Administrative Tribunal had jursdiction over the state. "His (Mukherjee's) sacrifice did not go in vain. The state has now become an integral part of the country and certain temporary and transient Constitutional provisions of that time have got diluted over the years," he said in an apparent reference to Article 370, whose abrogation the party had been demanding since Jansangh days.
Let us examine the current status of Art 370 which gives special status to the state of J&K. The conditions prevailing at the time of J&K's accession to India led to its inclusion in the constitution. Art 370 is not the only special provision of its kind.Article 371 with its 9 sub clauses has special provisions for different states.
Art 371 special provisions regarding Maharastra & Gujarat
Art 371 A Nagaland
Art 371 B Assam
Art 371 C Manipur
Art 371 D Andhra Pradesh
Art 371 F Sikkim
Art 371 G Mizoram
Art 371 H Arunachal Pradesh
Art 371 I Goa
In addition, Schedule 5 & Schedule 6 of the constitution have provisions as to the administration of Scheduled areas and Tribes in various states.
There is a 3 fold distribution of legislative powers in India- the union list, State list and the concurrent list. Parliament has no power to legislate on the subjects in the state list without the consent of the states. In the case of J&K, because of Art 370, parliament’s power to legislate on subjects in the union and concurrent lists is limited. But it can legislate on all such matters which the President of India may specify with the concurrence of J&K govt.Legislative powers on Defence,Foreign affairs,Communications are fully vested with the parliament.
The president of India(and hence the Union govt) is free to amend the provisions of Art 370. In 60 years, Art 370 was amended multiple times through the passage of executive orders (as differentiated from the usual process of constitutional amendment)to extend the power of president to impose the Governor’s rule in case of breakdown of constitutional machinery, to extend the jurisdiction of Election commission, Supreme court, CAG etc.,
The special status as it exists today don’t give anything except that the parliament can’t alter the name and boundaries of the state, can’t make any law without the consent of the state legislature regarding any international treaty affecting any part of the state. More importantly it gives special rights on property rights in the form of Permanent Resident Status. The provision for Permanent Resident Certificate was made to give an assurance on preserving the demographic character of the state. Only those possesing PRCs are allowed to buy property and settle in the state. It doesn't prevent anyone from marrying the locals and living in the state. In addition there are government officials, security personnel,people belonging to the central civil services living in the state together with their families. These central services aided the cause of integration of J&K in to India.
To conclude, the diluted special status exists more on paper and gives nothing but an assurane to preserve the demographic character of the state. Parliament has all the powers to legislate on major subjects. This has to be seen in the light of existing demands ranging from more autonomy(made by mainstream valley based political parties) to complete independence (as demanded by separatists). J&K is more peaceful after the initiation of the peace process and declaration of ceasefire across LOC.Terrorist violence is at an all time low(in relative terms) for the first time in last ten years and terror groups like Hizbul are on their backfoot( http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=e1dd11f7-ecf7-46e8-a040-dc9d3de60857&&Headline=Hizbul+Mujahideen+loses+its+grip)Assembly polls last year saw the increased levels of people's participation. India wants to initiate more confidence building measures to establish permanent peace in the trouble torn state. Under such circumstances it makes no sense to harp on abrogation of Art 370.
Additional Reading: Committee on Confidence building measures , PM's Round Table Conference
http://www.hinduonnet.com/nic/jk/jkrepo
Issues dealt by the committee
1. Measures to improve the conditions of people affected by militany.
2. Schemes to rehabilitate all orphans and widows affected by militancy.
3. Issues relating to relaxation of conditions for persons who have forsworn militancy
4. An effective rehabilitation policy,including employment for Kashmiri pandit migrants
5. An approach considering issues relating to return of kashmiri youth from areas controlled byPakistan
6. Measures to protect and preserve the unique cultural and religious heritage of the state
Issues dealt by the committee
1. Measures to improve the conditions of people affected by militany.
2. Schemes to rehabilitate all orphans and widows affected by militancy.
3. Issues relating to relaxation of conditions for persons who have forsworn militancy
4. An effective rehabilitation policy,including employment for Kashmiri pandit migrants
5. An approach considering issues relating to return of kashmiri youth from areas controlled byPakistan
6. Measures to protect and preserve the unique cultural and religious heritage of the state
Inauguration of first colony for KPs in the valley
This is more interesting: Advani promises special status to Hyderbad Karnataka region under Art 371.
ReplyDelete"BJP’s prime ministerial candidate L K Advani here on Tuesday assured to consider the issue of according ‘special status’ to Hyderabad-Karnataka region under Article 371 of the Constitution, if his party was voted to power.
Addressing mammoth election rallies, Advani said when the region was merged with the erstwhile Mysore State, considered to be a progressive State, special status was denied to the districts of this region. There was a need to reconsider the issue of according special status to these backward districts under Article 371 of the Constitution."
http://www.deccanherald.com/content/Apr82009/state20090407128737.asp
Excellent piece of work guys!!!
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