Article 370 and Jammu & Kashmir :: is J&K an integral part of India that is Bharat ?
The readers might find this article most un-popular but the truth is J&K is not a part of the Indian Union, Maharaja Hari Singh’s instrument of accession only Defence.foreign affairs & communication were transferred to the union
- Justices Muzafur Hussain Attar and Ali Mohammed Magray of J&K High court clearly opined that “Legally & constitutionally “ the sovereignty of the J&K remained “Intact & untampered” even after the Instrument of accession signed by the then ruler. The integration with India will remain incomplte Arunachal Pradesh.& Nagaland
- The best way is to permit ,Pundits & their relations to settle in Kashmir. All ex-servicemen who have served in kashmir,may also be allowed to settle there (with an “Assisted Settlement Scheme) Biharis & Punjabis may be encouraged to migrate to kashmir: The Britishers realised this much earlier,they encouraged the Hindu Nepalese emigration to dilute the kingdom’s BUDDHIST,BHUTIA-LEPCHA ETHOS in Sikkim. Today there is no trouble in Sikkim & it has been fully integrated.
- Sheik Abdullaha,a good friend of Nehru,architect of Kashmir accession to India,was very much dis-appointed,when the Article 370( Drafted by Gopalaswamy Iyyengar and not by Ambedkar) was placed “ in the temporary and transitional provisions” of part XX1 of the constitution. He wanted Iron Clad guarantees for the special status. for J&K.He agitated for total independence & was thrown into Jail.
- Sri Ram Jathmalani,a legal luminary is of the opinion that article 370 cannot be touched because it is a part of the basic structure of the constitution. Any notification by GOI will open a pandora’s box ,even an amendment under article 368 deleting article 370 will attract legal challenges in SC. Article 147 of J&K constitution forbids the introduction of the said amendment,changing the status of J&K.
- The BJP’s election Manifesto of 2009 saying that Article 370 s a psycological barrier for the people of J&K for the full integration to join the main stream & the party’s commitment to the abrogation of the said article 370 stands, Even if someway is found fo the abrogation,we will alinate the people & may le to greater conflagration. It may become an exercise in futility
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