Communist leader and MLA Kulgam Mohammad Yousuf Tarigami on Wednesday said that Article 370 is in the basic structure of Indian Constitution and even if the BJP has a full majority in the Parliament, it can’t abrogate it.
Jammu and Kashmir acceded to India under the guarantees provided by the Constitution of India. It is the Constituent Assembly which incorporated Article 370 in the Constitution providing a constitutional basis for the relationship of J&K with the Union. Autonomy has been provided to Jammu and Kashmir under Article 370 of the Constitution of India and forms the core of the relationship between the state and the Centre, Tarigami said.
Tarigami said that the 43 amendments made to the Article 370 in the past, including last year’s amendment to implement GST to the state by the PDP-BJP government, are unconstitutional as it is only the Constituent Assembly which has powers to do so. Seeking abrogation of Article 370 is not only unwarranted but totally unacceptable to the people of Jammu and Kashmir. It is our unalterable opinion that Article 370 of the Constitution should act as a bridge between the Union and the state and the provisions which have been eroded from time-to-time should be restored without any delay.
“The core agenda of BJP is an abrogation of Article 370 and that is why they are using the words like “we are holding back temporarily.” Why the government of India is reluctant to defend the Special Status of the State in the Supreme Court. Why aren’t they filing an affidavit in the Supreme Court and oppose the writ petition regarding the Article 35-A as it is in the said Article is in Constitution of India and the Centre is duty bound to defend the Constitution,”Tarigami said.
“The Article 35-A of the Indian Constitution (which confers some special privileges on the permanent residents of J&K) was made under special circumstances and was distinct in comparison to other states. The ruler of the state, Maharaja Hari Singh acceded to India by signing the instrument of accession, which was accepted by the governor general of India on 27 October 1947,” he said.
“Maharaja surrendered only three subjects i.e external affairs, defense and communication to the dominion of India while on all other subjects, the ruler of the state continued his sovereignty in and over the state by virtue of para(8) of the Instrument of accession,” Tarigami added.
Tarigami said that the conspiracy to remove Article 35-A is essentially the agenda of communal, divisive and anti-democratic forces who want to thrive on uncertainty, discard, hatred and turmoil.