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Article 35A has been scrapped by supersession of the 1954 presidential order and by applying all the provisions of the Constitution to the state of J&K. Article 35A had protected laws of J&K regarding land, scholarships and jobs, favouring state subjects, and the laws could not be questioned on the ground that they violated fundamental rights of non-state subjects and citizens of India. However, this has been achieved by utilising Article 370 and not repealing it. This is an extremely significant politico-constitutional step long overdue and it leads to a fuller integration and assimilation of J&K-like other territories of India.One can look at this either as a contradiction of the idea of Article 370 being made part of the Constitution in 1950 itself or as a culmination of a process of integration of J&K with India, which began with the Instrument of Accession and was followed by various presidential orders issued in 1954 and thereafter under Article 370. I think there is a continuity. Various presidential orders had diluted the special status of J&K to some extent. However, instead of deleting Article 35A and applying all provisions of the Constitution to J&K when Sadar-e-Riyasat was made governor and prime minister was made chief minister in the 1970s, the Congress governments resorted to talking to separatists, Hurriyat and others who were also tangoing with Pakistan to find a solution to terrorism.The Modi government has chosen to tread a different path and has used Article 370 to apply all provisions of the Constitution to J&K and superseding the 1954 presidential order which results in deletion of Article 35A. Thereby, Article 370 has become fully eroded, and the special status of J&K has eviscerated.The criticism of some opposition parties including Congress that this is undemocratic and unconstitutional is simply overlooking what Nehru said in Parliament: “Article 370, as the House will remember, is a part of certain transitional provisional arrangements. It is not a permanent part of the Constitution. It is a part so long as it remains so. As a matter of fact, as the HM has pointed out, it has been eroded... I repeat that it is fully integrated... So we feel that this process of gradual erosion of Article 370 is going on. We should allow it to go on. That process is continuing.”Then home minister Gulzari Lal Nanda said in Lok Sabha on December 4, 1964: “It is Article 370 which provides for the progressive application of the provisions of the Constitution to J&K, Article 370 is neither a wall nor a mountain, but that it is a tunnel. It is through this tunnel that a good deal of traffic has already passed and more will.”Article 370 confers powers on the President to issue orders with the concurrence of the state government where subject matter is not covered by the Instrument of Accession. Here, the President has obtained the concurrence of the government of J&K. So the order is valid. In the past, the Congress government under Rajiv Gandhi had issued a presidential order with concurrence of the government through the governor of J&K.An objection was taken that the presidential order amends the Constitution and that it is a serious unconstitutionality. Congress forgets that they added Article 35A to the Constitution by the 1954 presidential order. Were they amending the Constitution? Or is it that now it suits them to say so? Article 370 is a special provision which enables application of provisions of the Constitution with “such exceptions and modifications” as the President by order specifies.Along with bifurcation of J&K into two UTs under Article 1 of the Constitution, central control over J&K would be complete. Parliament would get power to legislate over all matters subject to the legislative powers left to the J&K legislature — somewhat akin to Delhi. People of India would be able to exercise their fundamental rights in Part 3 of the Constitution in J&K also.With the concept of state subject coming to an end, the people of J&K and rest of India stand on a par. This should foster equality and fraternity. We expect this political process to stabilise J&K, consolidate Ladakh and eventually lead to development of J&K. This would eliminate vested interests who were exploiting J&K unrest even while encouraging terrorists and separatists. J&K occupies a sensitive position as it is contiguous to China, Afghanistan, Russia and Pakistan. With withdrawal of the US from Afghanistan being worked out, the Modi government has acted with promptitude to consolidate and strengthen the Indian position in J&K.(The writer is a senior advocate in the Supreme Court)