Kashmir: The spectre of Article 35-A

Views from Srinagar

Dr Syed Muhammad Fazlullah (IAS)

ARTICLE 35-A is their own. Since it protects Kashmir, they start getting stung by it. For a quite long time, we lamented the erosion of Article 370 of the Indian Constitution and it went on to leave layer after layer to become denuded, ineffective, a skeleton and irrelevant.
The common Kashmir had started reposing faith in it, but he is not now permitted to have faith in this ‘ten-less-forty’. We lament now that the ex-CM Omar Abdullah holds: “ These separatists have no acceptance in the Constitution of India, why are they screaming for 35-A.”
If they don’t believe the Constitution of India, but should they set ablaze a grand hospital made out of the Indian exchequer. Their bruises, if remedied somewhere, has a healing mercy for the Kashmiris. The separatists apart, our valley in full of jurists. Can’t they decipher what as to Article 35-A is. 370 is now falling in oblivion day by day. It was long before prostituted by G.M.Sadiq, the then Chief Minister by submissively giving in to the command of the centre. New Delhi lied to the people to hold plebiscite even though painful for India herself. But that never happened.
We have now a governor dispatched by the centre (not elected by the legislature of J&K, as was the case with the Sadr-i-Riyasat, we have now a Chief Minister instead of the Prime Minister, to which post Sadiq Sahib said funeral prayers.
The people grew in education, awakening and wisdom. They left every dear to them on the altar of freedom. The pellet-ridden eyes had a dream it has evaporated in smoke. The children going for ‘toffees and milk’ don’t know whether they come back. It is as good a part of India as other parts are. but is it treated on the scale of equilibrium?
Kashmir of the glorious part is fading rapidly. Its royal gaiety has been eaten by moths, termite and silver fish. It should have no issues if separatist also laments the abrogation of Article 35-A of the Constitution of India…an RSS agenda of venom, the irreversible palsy and the throat slitting merciless knife.
Intellectuals have written a lot on it and awakened the general masses. The prominent Sr. lawyer, supreme court-wizard and Constitutional lawyer call it “The Rape of Article 370”. He further calls “J&K may lose its Special Status, be it GST, statistical bill or article 35A” you can see a clear onslaught on the state’s autonomy. There are clear attempts to reduce or undermine the state’s special status’ (GK: 09.08.2017)
If we lose the special characteristic by the outsiders having been authorised settle here, purchase land, property, employment and assistance schemes… where have our toughest weather conditions, poverty the arduous mode of the journey and other well-thought of facilities thrown? As minister Divender Rana, MLA of Jammu remindes that Dogra would be more sufferers with this sinister design than Kashmiris.
Article 35-A reads as follows “ the significance of 35 is positive as well as negative from the positive aspects, it gives power to Parliament to legislate for enumerated matters— which legislation can contain penal provisions. Negatively it extends the competence of state legislatures to make law on the enumerated matters, even though some of the matters may fall within the state list”.
Article 35-A is elaborated in the explanation that “The parliament shall have and the legislature of a state shall not have, the power to make laws” To sum up, it is the surrender of powers in this Article to the centre. Mr Zaffar Shah is further to state “… be it GST, statistically bill or Article 35-A, you can see a clear onslaught on the states autonomy. There are clear attempts to reduce or undermine the state’s special status”. And now the myopic politicians are confused at the crossroads not able to decide what to do.

—Courtesy: GK

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