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| Article 35 A More Than A Mere legal Provision - must be defended | | 
By B L Saraf
In a move rarely seen in the past , Parties in opposition have joined hands with the government to devise a strategy to defend Article 35 A of the Union Constitution which is facing a renewed judicial challenge in the Apex Court . In convergence of sorts , on this issue separatists too seem to be on the same page , though for different reasons . Opposition leaders have counseled CM Mehbooba Mufti to arrange for a meeting with PM Narandra Modi , wherein they “ would apprise him about the concerns that abrogation of this Article will be dangerous for the country and the state.”
Political parties will be doing great injustice to the cause if it is made Kashmir specific . They must mobilize Civil society of the whole state and not restrict it to Kashmir only . We presume there are many in Jammu and Ladakh regions who feel similarly . A broad awareness program , shorn off regional and sectarian considerations , is called for so that every section of the society gets educated about pros and cons of the matter . Those who insist on abrogation of this provision must be told that if Article 35 A goes then be ready for Resettlement Act ,1982 to come into play . It can’t be one way traffic . People from both sides should come in . After all , India considers POK as its part and residents thereof as its citizen . Besides people of Jammu and Ladakh may be told that their claim of regional autonomy will get seriously dented and there will be an unbearable strain on regions demography.
Some Kashmiri Pandits have joined campaign for abrogation of the Article . Nobody can deny KPs their love for India and the Indian civilization . True , they are inextricably linked to the mainland .It is natural for them , therefore , to have India in Kashmir . But love for India should not blind a KP to the hard realities of history and geography of the region . J&K has acceded to India in 1947 , irrevocably . But it was not a spontaneous or an instinctive decision .Many considerations went into its making . Space here will not permit a detailed discussion . While relation of the State with Indian Union was reaffirmed at various times but regard for the political sensitivities of majority of the populace was always kept in view . Besides, geo-political position of the region was also factored in . Mutual trust defined the Centre – State relations , which got formalized by incorporating certain special provisions in the Sate and Union Constitutions . Any change in that Constitutional arrangement would constitute a breach of trust . So Article 35 A is not an ordinary constitutional provision but an article of faith . Its sanctity must be maintained .
If entry of non- state subjects is allowed to the sate Pandits must know who will come in -thugs in the shape of Sadhus and mahants . Do we need to know these sadhus , who had sneaked in through the manipulations, have plundered the invaluable properties of the Temples and Shrines . Finding ground fertile , rabid Muslims from the mainland will also flock in . J &K ‘s pluralistic /Sufi culture will come under a threat .
For Tatas , Birlas and Ambanis there were no restrictions . But they avoided coming because logistics here are not suitable for money earning . It is love of the lucre and not the nation that attracts a businessman to the place . Some came , exploited incentive schemes and then left .
It is for the nationalists to understand that those who campaign for the retention of this provision are in fact showing respect for the Indian Constitution . There is nothing seditious about it . Pandits will get nothing from the abrogation of this Article . On the contrary it will help them to retain their special identity as KPs . Their dispassionate position on the subject – if not active support of the Article - will reveal their affinity to the land of birth . This gesture will go long way in building mutual confidence and help reconciliation .
PM Modi has travelled far in a positive direction that he should have confidence to win election 2019 on agenda of further betterment of the countrymen .He won’t need emotional crutches . It is time for him to renew the pledge made by GOI to the Kashmir’s to safeguard their internal autonomy , albeit within the frame work of Indian Constitution . Central Government can’t leave the mater to mere constitutionality . It has enormous political implications for the whole country . PM should advise his law officers to contest the case on all aspects and then leave it to the best judgment of the Court .
May Narrandar Modi be another Atal Behari Vajpayee for Kashmiris.
(The author is a Former Principal District & Sessions Judge. Feedback- [email protected] )
(Disclaimer: The views, observations and opinions expressed in above write up of Scoop News are strictly author's own. Scoop News does not take any onus or liability for the veracity, accuracy, validity, completeness, suitability of any of information in the above given write up. The information, facts or figures appearing in the write up in no way manifest the position, standpoint or stance of Scoop News and the Scoop News does not assume any encumbrance or answerability of the same. All disputes are subject to the exclusive jurisdiction of competent Courts and Forums in Jammu City Only)
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