The decision taken by the BJP government concerning the Kashmir issue will lead to a legal struggle.
There is no doubt that the people of the state are going to assert their standpoint in the impending election.
Indeed, there is no guarantee that the other Indian states will not be divided like Kashmir.
Dravidar Kazhagam President Aasiriyar K Veermani issued a statement as follows,
The exclusive or special rights granted to Kashmir from 1954 onwards have been revoked by repealing Article 370 and 35-A of the Constitution of India. Kashmir is now divided into two states
- Kashmir Union Territory (consisting of the Legislative Assembly)
- The Union Territory of Ladakh without Legislative Assembly (as in Andaman).
This transformation has made a provision that anyone can settle there or buy lands. The Prime Minister’s promise made to the people of Kashmir in 1954 has been deviated. The BJP-RSS long told campaign persuasion has been implemented. They are rapidly advancing their ideology on a fast pace – to replace the Federal structure with a Unitary system of Government. With no legislative assembly (which was dissolved several months ago) and the governorship (central rule) is just taking place, It is unlikely to infer that this decision was taken considering the opinion of the people of Kashmir.
According to Home Minister Amit Shah, the opinion of people was considered. He further says that this arrangement is for the betterment of the people, for their progress and development. If his claim is correct, doesn’t it give rise to a lot of criticism when it took place in the governorship and when there is no legislation?
Article 1954 of the Constitution of Jammu and Kashmir and the amended Constitution dated 20.6.1964 provides for Article 3 under Article 2 of the Decree states the following,
PART-I (a) Add the following further proviso, namely:-
‘‘Provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State.”
This same was reiterated in the 1988 Article 61 of the Constitutional Amendment. Doesn’t the Legislature articulate as “the will of the people’s representatives”?
The Jammu and Kashmir Reorganisation bill which was introduced by Amit Shah in Parliament has been passed with the approval of the President. The law itself – may lead to legal struggles. A case is already pending in the Supreme Court.
The Assembly is the people’s opinion that protects democracy. Not only it lacks consent; Home detention has been enacted and 144 law has been enacted before key former Chief Ministers have commented. Do BJP deserve to take such measures which frequently utter ‘co-operative Federalism’ as their mode of governance?
As we proudly say of India origins from Kashmir to Kanyakumari, it is important to understand how the people of Kashmir have such an extraordinary situation and the growth and change they claim! The public opinion however will only be revealed through the elections. No one can deny that democratic traditions and political norms are superior. The smacking decision looks more threatening to the other states as well.
Looking at what has happened to Kashmir it raises a skeptical question of what will happen to the north eastern states of Manipur, Nagaland, Sikkim, Meghalaya, and Assam which are also having special privileges. It is not good to cause tension in the Northeast states!
President Dravidar Kazhagam