Srinagar: Awami National Conference (ANC) president, Begum Khalida Shah on Monday said that Defence Minister Rajnath Singh is not conversant with the history of Jammu and Kashmir.
She as per a statement issued, was reacting to the Singhโs statement.
โAs far as Art 370 is concerned, one needs to go through the Constituent Assembly of India Debates (in vol, X, No 5, Page 163 of the debates). It is revealed from the pursual of these debates that Sardar Patel, the than Minister of States in India declared in the Indian Constituent Assembly that..โ
“In view of the special problem with the Jammu and Kashmir, we have made special provisions for the continuance of the State with the Union on the existing basis.ย Justice Dr A S Anand Former Chief Justice of India in his book ‘The Constitution of Jammu and Kashmir, Its Development and Comments ‘ has stated about this existing basis as under The “existing basis” were the basis of Instrument of Accession and the special Provisions were embodied in Art 370 of the Constitution of India,โ she said.
She added that it will thus appear that Art 370 was required for the continuance of the State with the Union as stated by Sardar Patel. It further follows that Art 370 was infact the only thing or link which enabled the State to continue to remain with the Union of India.
It is a very sensitive issue and Defence Minister shouldn’t have made such a statement casually without first understanding the true ambit of Art 370. He should have also been cautious in making a statement on an issue which is sub judice before the Hon’ble Supreme Court.
It is also not correct to say on his part that Art 370 revocation ended separatism in Kashmir. I want to make it clear that Art 370 cannot be linked to the separatism as the grievances of the people are the result of the tampering with the Special Status of the State by the Central Governments from time to time.
By including the abrogation of Article 370 in the manifesto by the BJP, it did not empower the ruling party to not act in accordance with the provisions of the Constitution of India & the GOI was required to proceed in accordance with what the Constitution required it to do.
Mr RajNath Singh should know that enactment of Article 370 & 35A in the Constitution are directly linked to the Accession of the state with the Union of India. The justification of including Article 370 & 35A in the Constitution of India are available in the records of the Lok Sabha debates. Pt Nehru as Prime Minister of India took the Parliament into confidence on the Delhi Agreement & it was after the Parliament adopted it that the J&K State Constituent Assembly also adopted it. The Delhi Agreement provided for our separate Permanent Residency besides our separate flag & the States own Constitution. It never envisaged a complete merger with the Union of India.
The people of the State feel aggrieved by the resolutions adopted by the Parliament in August 2019 on Kashmir and have full faith in the Hon’ble Supreme Court which is seized of the matter relating to the Abrogation of Art 370 & Article 35A
