Scrapping of Indian Constitution Article, 35 & 370 by India Government

BD Behring *

All laws, rules, Acts and various other enactments which are in force are formulated by the scholars, legal experts, political or economic scientists including the Members of Parliament/State Assemblies. It is no denying the fact that as time passes by, a situation may arise where these usages become obsolete and require repeal or amendments to suit the need of the prevailing situation.

No doubt, provisions are there under constitution for such annulment or repeal. After all, criticisms will naturally pour from various section of the people when such amendments or repeal is effected. However, one should perspectively examine the root cause before raising such criticism or apposition.

Meanwhile, opinions from various quarters emanate as to the scrapping of Art. 370 and Art. 35(A) of the constitution which has been in existence/operation for the last 7 decades in Jammu and Kashmir. There is also a debate in the recent session of the Parliament. The Government while debating in the Parliament on Jammu and Kashmir Reorganisation Bill, 2019, said “the government was correcting a historical blunder” after 70 years as Art. 370 stopped Jammu and Kashmir from full integration with the country.

“It gives unemployment and keep far from education”. It only encourages separatism. The leader of the opposition in the Parliament raised the issue of how the centre can take this step unilaterally where Kashmir is a bilateral issue between India and Pakistan and when the matter is pending in UN.

Of course, different view/opinions are given on consideration of Indian as well as International side. In my opinion there are reasons for agreeing and disagreeing in both cases for removal of special status by the BJP Government at the centre after having granted such status for last 70 years.

Moreover, it will not be wrong to assume that the Art. 370 being temporary provision and at the same time because of frequent disturbances over Jammu & Kashmir by the neighbouring countries; the Rajya Sabha passed the Reorganisation Bill that seeks to scrap Art. 370 & Art. 35(A).

Every country or state are progressing and developing and pursuing more and more towards this direction. On the contrary, Jammu and Kashmir which has attained statehood for the last 70 years remains undeveloped and yet it is pulled down now to the status of Union Territory.

In fact, I personally do not agree to such resort and similarly other countries will not perhaps agree also to such embarkment by the government of India. Therefore, I would like to ask the Govt of India to restore Jammu and Kashmir to the statehood and to upgrade Ladak to statehood as well without undue delay.

The central government should always follow and adhere to the Preamble of the Indian Constitution which upholds the Sovereign, Socialist, Secular, Democratic Republic. When any government misuse or misinterpret the basic principle of Secularism, our Indian Union would disintegrate.

NARENDRA MODI AND NORTH EAST INDIA

The NDA government has proclaimed earlier that India as a whole cannot progress without equal development of NE India. Many central leaders before the last Parliamentary Election were visiting the NE States specially Manipur and promised them many development works for Manipur.But until now no single scenario of development has been seen even after a lapse of 2 and 1/2 years of installation of BJP Government headed by Shri Biren Singh as CM of Manipur.

Manipur has no Industries including agricultural outputs and other resources of its own and it depends wholly on central funding. As a consequence, nothing can be expected from the state except financial deficit. Besides, the present government lacks effort, manovering etc. to convince the central government for financial help or financial package for the state and the present state government is sleeping on it for the best reasons known to them.

Amidst this chaotic situation, the present government is not stable since majority of BJP MLAs want a change of leadership. Although this volatile situation has been continuing for the last 3/4 months, the BJP central leadership keep silent and does not come forward to settle the matter.

The power struggle in Manipur has been continuing for the last 4/5 months. Majority of BJP MLAs want a change of leadership in BJP led government and the stability of present government is shaken completely. The BJP leadership at the centre also remains silent without taking any measure to end the present stalemate within the BJP party.

After all, for the smooth functioning of the present government, it is binding upon the government now to its final decision whether N. Biren Singh has to remain as CM or replaced by another one; otherwise, the people of Manipur do not want unstable govt to continue in the state.

Further, it may be reiterated that delaying for final settlement of the leadership change will ultimately bring disaster not only to BJP government but also to the people of Manipur. Because, the people of Manipur may finally raise a doubt in their heart about the sincerity of the BJP govt at the centre about its promise for a good, committed and stable government in Manipur.

Nevertheless, it is already expected in the very begining of the formation of the BJP led govt in Manipur that the present govt will be unsecure and not stable. This mainly attributes to the failure of BJP leadership in the selection of Ministers with the allocation of portfolios in the very beginning in the formation of the Govt.

Of course, it may perhaps be due to circumstantial compulsion in the formation of coalition govt. Indeed, in such situation, the public would expect that the central leadership should either allow the present C.M to continue or replace him by another capable and committed leader or bring down the government by imposing President Rule and hold fresh election.

Secondly, no strict rules are being followed when the 10th Scheduled of the constitution is applied in Manipur. There is no hard and fast rules when MLAs of opposition party other than the BJP party defect to the ruling party in Manipur at present. That is why the present govt falls prey to such unstable situation.

Thirdly, I would like categorically to say that if the Hon’ble PM Shri Modiji really care for the North-Eastern states which are still lacking development in comparison with the rest of the countries, he should bell out the financial crunches of the North-Eastern states particularly Manipur with the financial package for them in no time.

In fact, the North-Eastern peoples want action-oriented promises and not hollow or sweet promises without result. Notwithstanding the failure of the central govt under BJP for fulfilment of its promises for Manipur in its first term of government at the centre, we ardently hope that it will fulfil its promises in its second term.