“I am surprised that those who know nothing about Jammu and Kashmir are commenting on the State. Those who have not read Article 370 are talking about it. If they want a debate on Article 370 with me, let them tell me where and when they want to talk about it. Even if they want to hold the debate in Ahmedabad, we are ready for the debate anytime.” This was Omar Abdullah in December 2013. It was prickly reaction to Narendra Modi’s suggestion of a debate on the divisive Article 370.
Later in 2014 he asserted “no party can revoke Article 370…… The problem is the BJP is absolutely unclear about what it wants.” Now in 2017 he fears “BJP may use judiciary to scrap Article 370”
Does this mean that he’s simply disoriented? No I don’t think so.
The fact of the matter is that Omar Abdullah, his party and his family members are aware of the fraud called Article 370 of Indian Constitution. Now that his party is out of power and he sees no scope of return in immediate future he and his party are playing dangerous game of provoking people on falsehood.
Being an important party to the fraud played with the people of India particularly those living in Jammu & Kashmir, JK National Conference under Sheikh Abdullah in an unholy Alliance of Interests (AoI) with Jawahar Lal Nehru subverted the very process of constitution making in early years of independence to disrupt the integration of the state with the union, simply to fulfil their own interests. It was a multi layered insurrection that pushed the state into a long spell of darkness that we still find it engulfed by.
A brief account of what occured; Jawahar Lal Nehru the first Prime Minister of India manipulated nomination of four members from Jammu Kashmir to the Constituent Assembly of India in a manner that gave veto power to Sheikh Abdullah and his party.
Legal requirement was to have two members from elected Praja Sabha and two to be nominated by erstwhile ruler, but this was not followed. Once in Constituent Assembly with three members from Kashmir valley and just one from Jammu ( Ladakh going unrepresented) Sheikh Abdullah started politics of blackmail that ultimately led to his arrest by his own mentor friend, Nehru. The horrible mischief was however through & thorough.
As a result of over publicised Delhi-agreement, (Nobody knows who signed it from the two sides) Article 35 A was added to the constitution of India in a most unconstitutional manner.
This Article 35 A was introduced by the executive head of the biggest democracy of the world, without any discussion in the Parliament or debate outside. Legal experts are of the considered opinion that this article is in violation with the United Nations Universal Declaration of Human Rights 1948 to which India is a signatory.
Legal and constitutional experts also believe that since Article 35A was not added to the Constitution by following the procedure prescribed for amendment of the Constitution of India under Article 368, it is therefore ultra vires the Constitution since it violates the Constitutional procedures established by law. This is the real fact that is haunting Omar Abdullah and his party JK National Conference.
Further, the insertion of this additional Article (Article 35A) is done in a way that it is not apparent to any lawyer or law student who reads the Bare Act of the Constitution of India. This is because it is not included in the text of the main document of provisions set out in Constitution of India. Experts conclude that there are pure political reasons behind this procedure because it is not the standard way of inserting an article in the Constitution
When Omar Abdullah , while speaking in the state legislative assembly as Leader of Opposition and former Chief Minister, during discussion on the demand of grants for Departments under Chief Minister, he was not only alarmist but also presenting a roadmap of his future politics. In an unwarranted caution, he told Mehbooba Mufti that “coalition partner of her party will try to scrap the Article 370 granting special Constitutional position to the State”.
Omar Abdullah added “those who among us think that BJP has given up issue of Article 370 are mistaken. The BJP has understood that it can’t use Legislature for scrapping Article 370 but it will do it through judiciary.” He also warned the Government that the issue may snowball into a big controversy in future “and so I caution you beforehand’’.
It is absolutely clear that Omar Abdullah and his party know it well that Article 35A is unconstitutional and will be declared null and void by the Court of Law. He is therefore trying to protect it by political disruption.
Let it be made clear, that we are in the year 2017 and not in 1949. People have access to facts now much better than it was in earlier times. Truth can’t be concealed for long no matter how elaborate a farce is undertaken. Article 35 A is not only unconstitutional it is also discriminatory and hindering. It is placing unwanted limitations on the people of state besides providing a tool to separatists and their masters across the border.
Governments both in New Delhi and Jammu/Srinagar will do better to prepare in advance for another negative -politics driven period of disturbance.
By Ajey Bharti
