Skip to main content

Special status "not exceptional" to J&K, exists in Himachal, North-East, Andamans

Counterview Desk
National Conference (NC) president Farooq Abdullah recently said that Prime Minister Narendra Modi cannot remove Article 35-A and Article 370 from Jammu and Kashmir (J&K), adding, "Let him be as powerful as he likes, he cannot remove Article 370 and article 35-A...” Taking a similar stance, his son, former J&K chief minister Omar Abdullah had earlier said his party, National Conference (NC), was fighting the Lok Sabha elections for the protection of the state's special status and not on developmental issues.
"People of the state would lose their land and employment if the special status is abrogated”, he had added. The issue has turned into a major controversy, with J&K BJP president Ravinder Raina saying  that his party is for “early abrogation of Articles 370 and 35A of the Constitution”, and would do it once the BJP wins the polls in the state and form the next government. 
Suggesting that the special status is not exceptional to J&K, but is also applicable to other parts of India, policy analyst Mohan Guruswamy points towards what India would lose in case it seeks to abrogate Article 270: 
***
Omar Abdullah is right. Abrogate Article 370 and you abrogate J&K's special relationship with India. What we need to understand are as follows:
Article 1 of the Constitution of Jammu and Kashmir states that the state of J&K is and shall be an integral part of the Union of India. Article 5 states that the executive and legislative power of the State does not extend to matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. These provisions cannot be amended. The Constitution was adopted and enacted on November 17, 1956.
Applicability of the Constitution of India to J&K is contingent on its acceptance by the J&K Assembly. The explanation provided is: In exercise of the powers conferred by clause (1) of Article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made the Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on January 26, 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.
Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents have lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland.
The 1974 Indira-Sheikh accord between Sheikh Abdullah and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India".
In the USA each state has its own Constitution. 
Speaking in the Lok Sabha in 1992 on Article 370 BJP leader Murli Manohar Joshi spoke of the need to have one set of laws to govern the entire country and the inherent right of any Indian citizen to buy or own property in any part of India.
Former Prime Minister then helpfully reminded him that BJP rules states like in those in Himachal Pradesh and UP did not allow "outsiders" to own land or houses in the hill regions of the states. He also told Murli Manohar Joshi that since he hails from Kumaon, he out to have been aware of this. Even now Himachal Pradesh and Uttarkhand do not allow "outsiders" to own more than 200 sq yds of land.
We have similar laws in all the designated tribal and Adivasi areas of India like Bastar, Kalahandi and Narainpur. And of course Praveen Togadia does not allow a Muslim to shift into his own house in Rajkot!

Comments

TRENDING

India's GDP down by 50%, not 23%, job loss 200 million not 122 million: Top economist

By Our Representative  One of India’s topmost economists has estimated that India’s Gross Domestic Product (GDP) decline was around 50%, and not 23%, as claimed by the Government of India’s top data body, National Statistical Organization (NSO). Prof Arun Kumar, who is Malcolm S Adiseshiah chair professor, Institute of Social Sciences, New Delhi, said this was delivering a web policy speech, organised by the Impact and Policy Research Institute (IMPRI), New Delhi.

Youngest of 16 activists jailed for sedition, Mahesh Raut 'fought' mining on tribal land

By Surabhi Agarwal, Sandeep Pandey* A compassionate human being, always popular among his friends and colleagues because of his friendly nature and human sensitivity, 33-year-old Mahesh Raut, champion of the democratic rights of the marginalised Adivasi people of Gadchiroli, Maharashtra, has been in prison for over two years now.

#StandWithStan: It's about Constitution, democracy and freedom of expression

By Fr Cedric Prakash SJ*  It is more than three weeks now: On the night of October 8, 2020, the 83-year-old Jesuit Fr Stan Swamy was taken into custody by the National Intelligence Agency (NIA) from his residence in Ranchi to an undisclosed destination. According to his colleagues, the NIA did not serve a warrant on Fr. Stan and that their behaviour was absolutely arrogant and rude.

Stan Swamy vs Arnab Goswami: Are activists fighting a losing battle? Whither justice?

By Fr Sunil Macwan SJ* It is time one raised pertinent questions over the courts denying bail to Fr Stan Swamy, who was arrested under the Unlawful Activities (Prevention) Act (UAPA), and granting it to Arnab Goswami, editor-in-chief of the Republic TV, arrested under the charge of abetting suicide of Avay Naik, who ended his life in 2018. It is travesty of justice that a human rights activist is not only denied bail but is also made to wait for weeks to hear a response to his legitimate request for a straw to drink water, while Arnab Goswami walks free.

India performs 'poorly' in Quality of Life Index, ranks 62nd out of 64 countries

Counterview Desk “Expat Insider”, which claims to be one of the world’s most extensive surveys about living and working abroad, in a survey of 20,259 participants from around the globe, has found that of the 64 destinations around the globe, has found that while Taiwan is the best destination for persons living outside their native country, closely by Vietnam and Portugal, India ranks 59th.

Human development index: India performs worse than G-20 developing countries

By Rajiv Shah A new book, “Sustainable Development in India: A Comparison with the G-20”, authored by Dr Keshab Chandra Mandal, has regretted that though India’s GDP has doubled over the last one decade, its human development indicators are worse than not just developed countries of the Group of 20 countries but also developing countries who its members.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Namaz in Mathura temple: Haridwar, Ayodhya monks seek Faisal Khan's release

By Our Representative As many as 23 members of the Hindu Voices for Peace (HVP), including the founder president of the well-known Haridwar-based Matri Sadan Ashram, Swami Shivananda Saraswati, and a one of its top monks, Brahmachari Aatmabodhanand, have expressed their “dismay” over the arrest of Khudai Khidmatdar chief Faisal Khan and three others on charges of “promoting enmity between religions” and “defiling a place of worship” after they offered namaz in Mathura’s Nand Baba temple premises on October 29.

Government of India 'refuses' to admit: 52% of bird species show declining trend

Finn's Weaver  By Our Representative The Government of India has been pushing out “misleading” data on the country’s drastic wildlife decline, says a well-researched report, pointing towards how top ministers are hiding data on biodiversity losses, even as obfuscating its own data. It quotes “State of India’s Birds Report 2020” to note that of the 261 out of 867 bird species for which long-term trends could be determined, 52% have declined since the year 2000, with 22% declining strongly.

Dalit, Adivasi protest in Jharkhand against 'illegal' transfer of land for development

By Rishit Neogi Displacement and eviction are not new terms. It is surprising that they are still continuing and have become a tool in the hands of state backed corporates to forcibly occupy lands in the name of development.