Dr. Asangba Tzudir
A Momentary Victory out of a Legal Fallacy?
The writing on the wall was already nailed when abrogation of Article 370 was included as an election manifesto of promise. August 5, 2019 saw Article 370 revoked through a Presidential decree putting an ‘end’ to the long history associated with this Article.
After the abrogation, Union Home Minister Amit Shah tweeted that “Modi Government has corrected a long overdue historic wrong” and congratulated Modi ji for his “unwavering commitment towards ensuring unity and integrity of our motherland.” Union Defence Minister Rajnath Singh also joined the congratulatory chorus for “amending the mistakes of the past and fulfilling the government’s commitment to remove discriminatory provisions which alienated the people of Jammu, Kashmir and Ladakh.” Drum beats may fill the air of celebration but beyond the opposition to this move, it has sparked fear and apprehensions in various states of India.
The fear is also attested by former Finance Minister and current member of Parliament Rajya Sabha, who said that, this very day when Article 370 was abrogated will go into history as a black day in the constitutional history of India, and added that the government has “unleashed forces which they cannot control” and therefore an “absolute exercise in futility.”
Now with the revocation of Article 370 and subsequent reorganization Bill, there will be no dual citizenship; central laws can directly apply; no two flags; no separate laws for Jammu & Kashmir; Indian citizens from other states can buy land and property; centre can declare financial emergency; minorities will be eligible for reservation; RTI will be applicable, etc. Within such contentions, a pertinent question being – Why the Government of India is turning a State into a Union Territory and diminishing citizens’ democratic rights?
Obviously, on the face of it, it will give the government more control over the policymaking within Jammu and Kashmir, without having taken the consent of the people. The disturbing precedent is that, many will be troubled by the manner in which the Government has carried out the process – moving tens of thousands of additional troops into the state, shutting down all communications and public assembly, putting political leaders under house arrest like the former CM’s and bringing changes to the law without due public consultation. Was this all for the grants of special favors to Jammu and Kashmir? The measure of autonomy now finds ‘shifted’ besides turning a state into two union territories.
The issue goes much beyond granting of special favors to Jammu and Kashmir, and considering the legality of the issue at hand, such a manoeuvre would not have been possible under normal circumstances of Assembly election except under President’s Rule. Mention may be made here that this demotion from a state to being a territory status is being effected in India’s only Muslim-majority state. Jammu and Kashmir issue is not simply a black and white case and such a move has happened without the accord of its people, and devoid of a good explanation.
With the development, Pakistan’s Ministry of Foreign Affairs has in a statement said, “As the party to this international dispute, Pakistan will exercise all possible options to counter the ‘illegal’ steps” and “reaffirms its abiding commitment to the Kashmir cause.”
The ruling Government may claim now that it has corrected a so called ‘injustice’ of history but it has come through a legal fallacy, a fact and which will be further proved in time. Thus the celebratory drum beats will only be momentary, for no celebration can be justified that has come at the cost of ‘dismembering’ Jammu and Kashmir, having the union of states destroyed and one that has cataclysmic consequences.
Beginning with demonetization to the present Abrogation of Article 370, the union Government has sent a wrong signal to all the other states of the country besides ‘imaging’ India as a country under a hegemonic regime.
Now with the abrogation of Article 370, it has created a fear psychosis and Article 371 (A) is a case in point. The newly appointed Governor of Nagaland has categorically assured the people that Article 371 (a) is a “sacred commitment.” But considering the circumstances under which Article 370 was abrogated, one can only question - Can Article 371(A) be far behind?
(Dr. Asangba Tzudir writes a weekly guest editorial for The Morung Express. Comments can be mailed to asangtz@gmail.com)
