Kashmir in good hands ?
In a historic event, our beloved Prime Minister has scrapped Article 370 and Article 35A of the Constitution of India.
Thereby liberating the whole J&K region from the supremacy of its state leaders and unites it with the whole of India. Atleast that is what the favouring people are likely to come forward with.
But as they say, every coin has two sides. Needless to mention that this one's a bigger coin than anything off late. So, why is the decision being opposed; or why was it at all taken; and what follows ?
Lets first dive a little bit into the background of this part of the Constitution and India.
In May 1949, when the Constitution of India was being formulated, all the states were asked to form constituent assemblies for their states and a model constitution was developed for the states. But the same was thought to be unnecessary and a single Constitution was accepted by all the states with a few modifications as recommended.
However, the constituent assembly of J&K requested to accept the original Instrument of Accession as their separate constitution. Accordingly, Article 370 was formed specifying only a few articles of the whole Constitution to J&K region. Other articles to come into force by the President's acceptance, only after the concurrence of the state's constituent assembly or in its absence, Government of the State, as and whenever required.
In 1954, the state's constituent assembly through a presidential order specified the articles that will be applicable (inserted in Article 370) and dissolved thereafter without recommending the abolition of Article 370. Since then it has been a permanent rule for the state of J&K.
Now the definition of the 'Government of the State' was changed from the 'Maharaja of J&K' to the 'Governor of J&K' between 1950 and 1952, as did the nature of rule. This is one narrow yet very easy tunnel to get into J&K without having to take as drastic a step as this time around. Infact, even the current step of scraping Article 370 has been taken with the help of this loophole. There was no party ruling at the time in J&K and President's rule was under way. No need to get a majority vote or its pupil's opinion; all is needed is the Governor of J&K's vote and Indian President's concurrence on it. And its done. How easy was that.
It can be a coincidence that both (Current Governor of J&K - Shri Satya Pal Malik and President of India - Shri Ram Nath Kovind) are from BJP, the majority party ruling in India under the influence and guidance of Shri Narendra Modi. Or it can be a collective effort to lift off J&K area from its own barriers.
Now, the scrapping off means that all the laws and regulations that apply to rest of India, apply to J&K region as well. From companies law to property rules, from traffic policies to money matters, all of it applies to J&K region as well, when we talk in the context of laws prevailing in India. Infact, there is no J&K region and rest of India now; its whole of India.
At present, it has been divided into two Union Territories, namely J&K and Ladakh. So, Ladakh which was part of the whole J&K region, is now a separate union territory, just like Chandigarh or Delhi, in the broader sense.
Does this mean that these two regions, who uptill now were secluded in many ways than not, will be under the purview of mass production; or will they be annihilated by the riches of cities; or will their lands be subjugated into the hands of money minters; or perhaps the nature will have its last say when these territories will be full of people.
But does it also mean that the very own people of these far off lands could finally breathe in unity; or could they be more free from their own limitations; or could their be more peace, if the governments act against terrorism in a way they act in cities; or perhaps their could be more chaos in the throne to these new conquests.
As for now, untill there is more backing to these territories from the government itself, in terms of economic affairs and security issues, there will be less initiative by the private entities as well.
No native is sure of the move and its repurcussions, least we can say about the people living outside J&K and Ladakh.
Comments
Post a Comment