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Abolishing Articles 370 and 35A remains a question

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By Kanika Rangray

A view of the Indian Supreme Court building is seen in New DelhiThe Supreme Court issued a notice to the law department of Jammu and Kashmir, regarding a petition filed by Jammu and Kashmir Study Centre (JKSC), an RSS-backed organisation, which challenges Article 35A of the Indian Constitution.

Article 35A of the Indian Constitution allows the state of Jammu and Kashmir to grant special privileges and rights to permanent residents.

Delhi-based JKSC had filed a petition with the apex court last month, saying Article 35A does not allow non-residents of the state from buying land or property, getting a government job or voting in assembly elections in J&K. The organisation claims to be independent but is alleged to have the support of the RSS.

A senior officer in J&K’s law department told The Citizen, “We have received a notice (from the Supreme Court) on the matter and our legal team is preparing a response. The government will prepare a response, keeping in view the special status granted to the state under Article 370 of the Indian Constitution.”

The petition against Article 35A is being considered as a stepping stone towards abolishing Article 370, a law in the Indian Constitution that grants special autonomous status to Jammu and Kashmir. As per this article, the constitutional provisions applicable to other states are not applicable to J&K. The state has its own constitution, except for matters related to defense, foreign relations, communication and finance, which come under the jurisdiction of the Indian Constitution.

How it all began…

Article-370

Article 370 was incorporated in the Indian Constitution in 1947, when the then ruler of J&K Maharaja Hari Singh signed Instrument of Accession to India. However, the relationship of this state with the rest of the country was governed by special circumstances, and hence given a special position. The Constitution of Jammu & Kashmir, which Dr. Karan Singh (son of Maharaja Hari Singh) signed into law in 1957, still governs the state.

Rahul Jalali, president of the Press Club of India, said: “Article 370 is a constitutional bridge between the Indian Constitution and the laws that govern Jammu and Kashmir.”

Article 35 deals with the status of the people in J&K—Permanent Resident Certificate (PRC). It was enacted in 1927 by Maharaja Hari Singh and was then called the State Subject Act. According to this Act, it gave the right of property only to citizens of J&K. It also gives the right of employment only to citizens of Jammu and Kashmir.

But after 1947, certain amendments were made to this Act. During that time period, a number of refugees came from Pakistan and settled in Jammu and Kashmir. Now, they have been given temporary resident-ship in the state, but their status is still unclear. On one side, they have voting rights, but they do not hold citizenship of the state. They are citizens of India, but with the lack of PRC they are not allowed to own any property or do a government job.

The way it affected the people of J&K

The Valmikis, a community in J&K, are also affected by this Act. This community settled in Jammu, and though they were given part citizenship rights, they were not given the right to work. The Valmikis were brought in during the Maharaja’s time, but to do a specific sort of labour—scavenging.

And this practice continues till date.

There is a clause in Article 370 itself, which says that this law cannot be abolished by anyone other than the J&K constituency. It is due to this that some people are of the view that Article 370 can never be abolished. But another interpretation is that by constituent assembly, it means J&K assembly, which thereby holds the power to abolish this law.

According to Jalali, it is more of a “legal and intellectual debate.” The people in Kashmir are very clear that they do not want Article 370 to be abolished, but people in Jammu have not really made up their minds yet. A local political party in Jammu, the Panthers Party, keeps an unstable stance regarding this issue, sometimes saying it wants 370 to be abolished and sometimes saying that it wants it to stay.

One of the reasons that the state wishes to regain its special status is because it has its own set of laws. Like the country has the Indian Penal Code, similarly the state has a Ranbir Penal Code (named after Ranbir Singh, the great-grandfather of Dr. Karan Singh.)

The only national party opposed to Article 370 is the Bhartiya Janata Party (BJP). It has twice tried to abolish it, once in 1998 and now again. And so the Kashmiri people believe that since no other party is willing to abolish this, it will never be gone.

Jalali says that as of now “article 370 is just on paper”. This article means nothing to the poor. Major needs in Jammu and Kashmir are of employment. Kashmir has one of the highest educated unemployed youth in the country, but unfortunately, there are no jobs. Despite article 370, investment is allowed in Jammu and Kashmir. The problem is that no private company has gone there.

“Kashmir has to change its law. It is ridiculous that people who came here in 1947 are not given citizenship. Secondly, there is also a problem as to why have they limited the Valmikis to a traditional job?” in Mr. Jalali’s opinion. “There is a need of amendment in this law, and not exactly abolishment of this Act.”

 

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List of UPA Schemes Renamed by Modi Government

The above comparison shows that BJP is not only trying to steal the credit of previously launched schemes by Congress party by just repackaging them as new schemes

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India, elections, vietnam, BJP
Modi's LPG scheme reduced household air pollution: Study, VOA

A lot of BJP supporters claim that government led by Narendra Modi has launched several schemes for the development of nation in the last four years. What they failed to acknowledge that Narendra Modi has done nothing else than repackaging and renaming the previous schemes started by Congress and took their credit to his name. Shocked, aren’t you? In the last four years, Modi government has failed to develop any original ideas. So in order to appear like the government is working, they have renamed various successfully running schemes started by Congress party to fool people of the nation into believing that BJP has launched numerous schemes in the country. If you find this fact hard to believe, here is the list of s Modi government schemes that are nothing but altered name previously running schemes in the nation:

Pradhan Mantri Jan Dhan Yojana

Originally Basic Savings Bank Deposit Account (BSDBA)

The (BSBDA) scheme was launched in August 2012 according to RBI which provided facility of no minimum balance required to maintain the bank account and avail all the banking services. The number of withdrawals were however limited to 4 per month. The Pradhan Mantri Jan Dhan Yojana (PMJDY) is nothing else than a wrap up on BSDAB scheme adding Rs 1 lakh of accident insurance, overdraft facility up to Rs 5,000 and a life insurance of Rs 30,000 to previous BSDAB accounts.

Beti Bachao, Beti Padhao Yojana (BBBPY)

Originally National Girl Child Day programmes

BJP
The government has initiated a lot of programmes to bring about a change in the attitude of people and stop these kinds of social evils. Wikimedia Commons

According to a report of Centre for Development and Human Rights presented in 2016, the girl child education programme listed under the BBBPY scheme is nothing but the repackaging of older Sarva Shiksha Abhiyan started by Congress.

The act of similar repackaging of scheme can be found in BBBPY’s programme to improve child sex ratio and reduce the dropout rates of school girls. These programmes were already available under Congress party’s Dhanalakshmi and Sabla schemes.

Swachh Bharat Abhiyan

Originally Nirmal Bharat Abhiyan

One of the major Modi government schemes, Swachh Bharat Abhiyan launched in September 2014 is nothing but restructured result of Nirmal Bharat Abhiyan scheme which was started by Congress in April 2012.

Nirmal Bharat Abhiyan was also a renamed scheme by Congress party which was originally introduced as Central Rural Sanitation Programme by Congress in 1986.

Pradhan Mantri Awaas Yojana

Originally Indira Awaas Yojana

Pradhan Mantri Awaas Yojana, BJP
‘Pradhan Mantri Awas Yojana ‘ is an initiative by Government of India in which affordable housing will be provided to the urban poor.

According to a parliamentary standing committee report, it is found that the most anticipated Pradhan Mantri Awaas Yojna by Narendra Modi nothing by rechristened format of Indira Awaas Yojana. The funny fact about the renaming of this scheme is that several web pages of Pradhan Mantri Awaas Yojana still open as Indira Awaas Yojana documents.

Deen Dayal Upadhyay Gram Jyoti Yojana

Originally Rajiv Grameen Vidyutikaran Yojana

According to an information release by government on 23rd July 2015, the Rajiv Grameen Vidyutikaran Yojana stated by Congress is merged under the Deen Dayal Upadhyay Gram Jyoti Yojana launched by BJP with no significant changes.

Soil Health Card scheme

Originally National Project on Management of Soil Health and Fertility

According to the Outcome Budget 2015-16 of the agriculture and cooperation department, a soil health card was included in the scheme of National Project on Management of Soil Health and Fertility. The similar soil cards were also issued by Congress under the National Mission for Sustainable Agriculture.

 

Paramparagat Krishi Vikas Yojana, BJP
The aim of this scheme is to form 10,000 clusters over the next three years and bring about five lakh acres of agricultural area under organic farming to develop agricultural activity in the country

 

Paramparagat Krishi Vikas Yojana

Originally Rashtriya Krishi Vikas Yojana and other programmes

The lack of creativity and insight in Modi government schemes can be seen in its Paramparagat Krishi Vikas Yojana which is nothing but the fusion of some existing components which are amalgamated together as a cluster based programme. This fact was reported in the Outcome Budget 2015-16 of the agriculture and cooperation department.

Pradhan Mantri Jan Aushadhi Yojana

Originally Jan Aushadhi scheme

The Jan Aushadhi scheme was developed by Congress to supply unbranded medicines at reduced prices. This scheme was executed on 23 April 2008 and the first store under this scheme was established on 25 November 2008. According to an statement issued by Loksabh on 144th March 2017, the Jan Aushadhi Scheme is renamed as Pradhan Mantri Bhartiya Janaushadhi Pariyojana.

Make in iIndia, BJP
Make in India, a type of Swadeshi movement covering 25 sectors of the economy,

Make In India

Originally National Manufacturing Policy

The funny part about BJP copying this scheme from Congress National Manufacturing policy is that they forget the remove the information of previous policy in the new website of Make In India scheme. The broken download link redirects to the 2011 older policy document of year 2011.

Also Read: Prime Minister Narendra Modi Appeals MPs To Utilize Their Winter Season Well

The above comparison shows that BJP is not only trying to steal the credit of previously launched schemes by Congress party by just repackaging them as new schemes, but the BJP lacks credibility and insight required to develop new schemes necessary for the development of the nations. Some other Modi government schemes that were actually the brain child of Narendra Modi and BJP part resulted in drastic disaster in nation. GST and demonetisation are two biggest examples of such failed Modi government policies.