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Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on January 26, 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.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

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

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".

RSS' 25,000 Shishu Mandirs 'follow' factory school model of Christian missionaries

By Bhabani Shankar Nayak*
The executive committee of the International Union of Anthropological and Ethnological Sciences (IUAES) recently decided to drop the KISS University in Odisha as the co-host of the World Anthropology Congress-2023. The decision is driven by the argument that KISS University is a factory school.

India must recognise: 4,085 km Himalayan borders are with Tibet, not China

By Tenzin Tsundue, Sandeep Pandey*
There has as been a cancerous wound around India’s Himalayan neck ever since India's humiliating defeat during the Chinese invasion of India in 1962. The recent Galwan Valley massacre has only added salt to the wound. It has come to this because, when China invaded the neighbouring country Tibet in 1950, India was in high romance with the newly-established communist regime under Mao Zedong after a bloody revolution.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur*
Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Time to give Covid burial, not suspend, World Bank's 'flawed' Doing Business ranking

By Maju Varghese*
On August 27, the World Bank came out with a statement suspending the Doing Business Report. The statement said that a number of irregularities have been reported regarding changes to the data in the Doing Business 2018 and Doing Business 2020 reports, published in October 2017 and 2019. The changes in the data were inconsistent with the Doing Business methodology.

Delhi riots: Cops summoning, grilling, intimidating young to give 'false' evidence

Counterview Desk
More than 440 concerned citizens have supported the statement issued by well-known bureaucrat-turned-human rights activist Harsh Mander ‘We will not be silenced’ which said that the communal riots in Delhi in February 2020 have not been caused by any conspiracy, as alleged by the Delhi Police, but by “hate speech and provocative statements made by a number of political leaders of the ruling party.”

WHO chief ignores India, cites Pak as one of 7 top examples in fight against Covid-19

By Our Representative
In a move that would cause consternation in India’s top policy makers in the Modi government, Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) director-general, has singled out Pakistan among seven countries that have set “examples” in investing in a healthier and safer future in order to fight the Covid-19 pandemic.

Tata Mundra: NGOs worry as US court rules World Bank can't be sued for 'damages'

By Kate Fried, Mir Jalal*
On August 24 evening, a federal court ruled that the World Bank Group cannot be sued for any damage caused by its lending, despite last year’s Supreme Court ruling in the same case that these institutions can be sued for their “commercial activity” in the United States.

Top Catholic group wants quota for Dalit Christians, foreign fund licenses revived

By Our Representative
Reiterating its long-pending demand to give "scheduled rights for Dalit Christians”, the All-India Catholic Union (AICU) has regretted that while converts to Sikhism and Buddhism from the former untouchable, or Dalit communities, have been included in the scheduled caste (SC) category, Christians from the identical communities have been “kept out.”