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the Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on January 26, 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.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

What's behind public sector banks showing huge profits in 2nd quarter of 2022-23?

By Thomas Franco*  The quarter two results of the public sector banks (PSBs) appear to be noteworthy compared to a few years ago. All these banks showed good profits in the financial year 2021-22. Twelve PSBs made a net profit of Rs 25,685 crore in quarter 2 of FY23 and a total of Rs 40,991 crore in the first half of 2023. The combined profit of 12 banks in March 2022 was Rs 66,539 crore which was 110% more than 2021 – Rs. 31,816 crore. The Asset Quality Review of 2015 saw a surge in NPAs of PSBs jumping to Rs 8.96 lakh crore in March 2018 from Rs 2.17 lakh crore in March 2014. This was simply because the norms for NPAs were changed from 180 days to 90 days, and all restructuring of even genuine accounts was done away with. In 2018 NPA of SBI was 5.73% which has come down to 0.8% in Q2 of FY23. The NPA of Canara Bank has come down to 2.19% from 7.48% in Mar 2018. The same trend is seen in all public banks. Now SBI has seen a jump of 74% in its net profit, while Canara Bank’s profit is

World Toilet Day 2022: Will new schemes usher in safe cities for India's sanitation workers?

By Sameer Unhale, Dr Simi Mehta, Dr Arjun Kumar, Kushagra Khatri*  World Toilet Day is held every year on November 19. It has been an annual United Nations observance since 2013, which celebrates toilets and raises awareness of the 3.6 billion people living without access to safely managed sanitation. It is about taking action to tackle the global sanitation crisis and achieve Sustainable Development Goal (SDG) 6: Water and Sanitation for All. The SDG 6.2 is the world’s promise to ensure safe toilets for all by 2030. This year, the theme is "Let’s make the invisible visible." India, in its endeavour to achieve health, hygiene, and cleanliness along with universal sanitation coverage, launched the Swachh Bharat Mission (Urban) (SBM-U) or Clean India Mission in 2014 on the birth anniversary of the Father of the Nation – Mahatma Gandhi (October 2), as a national movement. To ameliorate urban sanitation infrastructure, the Atal Mission for Rejuvenation and Urban Transformation (A

Odisha dolphin tourism victim of climate change, prawn farming, infra projects

By Sudhansu R Das*  Nature has blessed Odisha with a vibrant natural sector economy. The forestry, handicraft, handloom, fishery, agriculture, animal husbandry, tourism, pilgrim tourism and horticulture sectors etc can create huge employment and revenue in the state on a sustainable basis. The state needs to develop a sound economic vision to harness the benefits from the natural sectors. Construction of infrastructure projects with investment though generates revenue and ticks the GDP growth; there is no guarantee that it would create inclusive employment opportunities. Today infrastructure projects are like consumer items which are being marketed by middlemen and global traders across the world. Many countries have been ruined due to their obsession with infrastructure driven growth illusion. Recently, the Sri Lankan economy has collapsed due to this illusion. It has created a heavy loan burden on the country whose interest the country can’t repay in the next 50 years. Many infra

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

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".

Business back to normal? IIM-A survey says, sales expectations have sharply improved

By Our Representative  The Indian Institute of Management’s Business Inflation Expectations Survey (BIES), which polls a panel of business leaders to find out their perception of slack in economy, including their inflation expectations, year-ahead cost expectations and the factors influencing price changes, such as profit and sales levels, etc., has said that the cost perceptions data indicates signs of moderation in price pressures. Carried out for September, the survey says, the cost pressure of the reporting firms has shifted from “very significant increase (over 6%) to moderate increase (3.1% to 6%).” It adds, “The percentage of firms perceiving over 10% cost increase y-o-y has declined. Over 21% of the firms in September 2022 round of the survey perceive that costs have increased very significantly (over 10%) – down from 26% recorded in August 2022.” Claiming to be a unique survey, in that it goes straight to businesses -- the price setters -- rather than to consumers or household

Innovative, Hrishikesh Mukherjee's movies often banked on excessive sentimentalism

By Harsh Thakor*  Late Hrishikesh Mukherjee more popularly known as Hrishi Da, whose birth centenary was celebrated recently, ranks amongst India’s most progressive and innovative film makers, exhibiting mastery in craft of making socially relevant themes. Mukherjee knitted plots together with great visualisation and sensitivity, be it in comedy, pathos, anger or romance, weaving every ingredient in proper proportion.  Melodrama was restrained and scripts dissected with surgical skill. Without over romanticisation, Mukherjee would do complete justice to the role of the character. He did not champion art films, but gave commercial films an artistic touch. Rarely have artists transcended the medium of cinema to project the real essence of their cultural values so or film directors who narrate a simple tale of regular families that have characters of unique shades, characters which are bound to touch human emotions universally. His characters frequently underwent life-changing journeys

GoI's productivity linked incentives to corporates 'without independent analysis'

Counterview Desk  Wondering how prudent is the Government of India's (GoI's) Productivity Linked Incentive (PLI) scheme, EAS Sarma, former secretary, GoI, in a representation to Nirmala Sitharaman, Union finance minister, has said it appears to be nothing more than subsidy to the private sector without any responsibility. Giving a specific example against the backdrop of announcement of 50% subsidy covering the project cost of the Vedanta Group's decision to set up a semiconductor fabrication plant in Gujarat, in collaboration with Foxconn, Sarma says, "The total cost of this project is reported to be Rs 1,54,000 crore. 50% of this works out to Rs 77,000 crore." Stating that this creates the impression that the entire subsidy allocation for the semiconductor manufacturing sector would be appropriated by this company, Sarma says, "The Gujarat government did not lag behind in liberally announcing similar incentives for the Vedanta-Foxconn project. It offered 7

Parivarnama: A story of love, challenges, sorrow of family 'devastated' by Partition

By Aditya Mukherjee*  “Parivarnama” by Shehla Hashmi Grewal is a riveting account of a family of Delhi from the late 19th century to the present. Through the story of this family, we are taken on a journey through the atrocities of British rule and the resistance against it by the Indian national movement and the left stream within it, the traumatic events leading to the virulent spread of religious communalism and the partition of the country and the destruction of lives and livelihoods, the challenges and travails of building a new life after the old was destroyed, trying to build a secular society in India after independence, the struggles for social and economic justice in independent India leading to the martyrdom of a very distinguished young member of the family and much more. It is not only a very sensitively written history of a family, it is a social and political history of India through some of its most turbulent periods. “Parivarnama” combines what one gets from meaningfu

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.