New Delhi: In a move that drew political fire, interlocutors on Jammu and Kashmir have placed fresh emphasis on Article 370, saying its “erosion” be checked by replacing the word “temporary” in its title with “special” so as to reaffirm the state’s “dual character”.
The report, made public on Thursday, said the state’s special status be made a permanent feature of the Constitution as “Its (Article 370) ‘erosion’ over the decades must be re-appraised to vest it with such powers as the state needs to promote the welfare of the people on its own terms”.
Proposing a constitutional committee to review all central Acts and articles extended to the state since 1952, the report said such a panel needed to bear in mind that “…J&K enjoys a special status in the Union, enshrined in Article 370 and the dual character of the people of the state, that they are both state subjects and Indian citizens.”
The report also suggested that Parliament make no laws applicable to the state unless relating to internal and external security and vital economic interests, especially in the areas of energy and access to water resources.
Although the interlocutors --journalist Dilip Padgaonkar, academic Radha Kumar and former information commissioner M M Ansari -- said Jammu and Kashmir was a “constituent unit of the Indian Union”, BJP promptly rejected the recommendations on Article 370 and central laws as a dilution of J&K’s accession to India.
At the other end of the political spectrum, moderate Hurriyat faction leader Mirwaiz Umar trashed the report as a collection of “confidence building measures” that did not offer a political solution. Hardliners said no progress was possible unless the state was recognized as “disputed” territory.
The mainstream opposition PDP welcomed the move to make J&K’s “special status” a permanent feature of the Constitution but chief minister Omar Abdullah said he would need a few days to study the report.
“The review (by a constitution commission) will have to determine whether - and to what extent - the central Acts and Articles of Constitution, extended with or without amendment to the state, have dented Jammu and Kashmir’s special status and abridged the state government's powers to cater to welfare of its people,” the report said.
PANELSPEAK
No return to pre-1953 status when Centre had authority only over 3 ministries — defence, foreign affairs and communications
Delete the word ‘temporary’ from heading of Article 370; replace it with ‘special’
Set up constitutional committee to review all central Acts extended to state (laws such as extension of jurisdiction of SC, EC, AFSPA) Report called for quick onset of Centre-Hurriyat dialogue
New Delhi: However, Padgaonkar said, “We are not inventing something. Under Article 371, there are several states of the Union which have been designated as special category states. We have just said that you remove the word temporary and use the word special as it is being done in the case of several states.”
The insertion of the word “special” in Article 370 could prove contentious and the report further said the President would exercise powers under clause 1 and 3 of Article 370 to incorporate the recommendations of a constitutional commission in an order that would then be ratified by special majorities in the state assembly and Parliament.
“Once this process is over, clauses 1 and 3 shall cease to be operative and no order shall be made by the President hereafter,” the report said.
Ruling out a return to the pre-1953 position when Centre’s jurisdiction was mainly restricted to defence, foreign affairs and communication, the interlocutors seem to have sought a middle path that could respond to the heated atmosphere in 2010 when firing deaths of stone pelters shook the valley.
They made their view point on a “new compact with the people of Jammu and Kashmir” clear when they noted, “The political settlement we propose takes into full account the deep sense of victimhood prevalent in the Kashmir valley. It surely deserves to be addressed with great sensitivity.”
The report recommended measures like expeditious review of persons in jail under the Public Safety Act and a review of the Armed Forces Special Powers Act. They said the process of selecting a governor should give the state a hand by putting up a panel of three candidates. Faster return of persons who have crossed the LoC and rehabilitation of Kashmiri Pandits were other recommendations. Hassle free cross-LoC travel was also mooted.
The report called for quick resumption of the Centre’s dialogue with Hurriyat. Seeking better relations across the LoC to make it virtually “irrelevant”, it asked the government to take appropriate measures to regard J&K (including PoK) as a “bridge between South and Central Asia”. And for this, they recommended taking aspirations of people from across the LoC on board.
The report, made public on Thursday, said the state’s special status be made a permanent feature of the Constitution as “Its (Article 370) ‘erosion’ over the decades must be re-appraised to vest it with such powers as the state needs to promote the welfare of the people on its own terms”.
Proposing a constitutional committee to review all central Acts and articles extended to the state since 1952, the report said such a panel needed to bear in mind that “…J&K enjoys a special status in the Union, enshrined in Article 370 and the dual character of the people of the state, that they are both state subjects and Indian citizens.”
The report also suggested that Parliament make no laws applicable to the state unless relating to internal and external security and vital economic interests, especially in the areas of energy and access to water resources.
Although the interlocutors --journalist Dilip Padgaonkar, academic Radha Kumar and former information commissioner M M Ansari -- said Jammu and Kashmir was a “constituent unit of the Indian Union”, BJP promptly rejected the recommendations on Article 370 and central laws as a dilution of J&K’s accession to India.
At the other end of the political spectrum, moderate Hurriyat faction leader Mirwaiz Umar trashed the report as a collection of “confidence building measures” that did not offer a political solution. Hardliners said no progress was possible unless the state was recognized as “disputed” territory.
The mainstream opposition PDP welcomed the move to make J&K’s “special status” a permanent feature of the Constitution but chief minister Omar Abdullah said he would need a few days to study the report.
“The review (by a constitution commission) will have to determine whether - and to what extent - the central Acts and Articles of Constitution, extended with or without amendment to the state, have dented Jammu and Kashmir’s special status and abridged the state government's powers to cater to welfare of its people,” the report said.
PANELSPEAK
No return to pre-1953 status when Centre had authority only over 3 ministries — defence, foreign affairs and communications
Delete the word ‘temporary’ from heading of Article 370; replace it with ‘special’
Set up constitutional committee to review all central Acts extended to state (laws such as extension of jurisdiction of SC, EC, AFSPA) Report called for quick onset of Centre-Hurriyat dialogue
New Delhi: However, Padgaonkar said, “We are not inventing something. Under Article 371, there are several states of the Union which have been designated as special category states. We have just said that you remove the word temporary and use the word special as it is being done in the case of several states.”
The insertion of the word “special” in Article 370 could prove contentious and the report further said the President would exercise powers under clause 1 and 3 of Article 370 to incorporate the recommendations of a constitutional commission in an order that would then be ratified by special majorities in the state assembly and Parliament.
“Once this process is over, clauses 1 and 3 shall cease to be operative and no order shall be made by the President hereafter,” the report said.
Ruling out a return to the pre-1953 position when Centre’s jurisdiction was mainly restricted to defence, foreign affairs and communication, the interlocutors seem to have sought a middle path that could respond to the heated atmosphere in 2010 when firing deaths of stone pelters shook the valley.
They made their view point on a “new compact with the people of Jammu and Kashmir” clear when they noted, “The political settlement we propose takes into full account the deep sense of victimhood prevalent in the Kashmir valley. It surely deserves to be addressed with great sensitivity.”
The report recommended measures like expeditious review of persons in jail under the Public Safety Act and a review of the Armed Forces Special Powers Act. They said the process of selecting a governor should give the state a hand by putting up a panel of three candidates. Faster return of persons who have crossed the LoC and rehabilitation of Kashmiri Pandits were other recommendations. Hassle free cross-LoC travel was also mooted.
The report called for quick resumption of the Centre’s dialogue with Hurriyat. Seeking better relations across the LoC to make it virtually “irrelevant”, it asked the government to take appropriate measures to regard J&K (including PoK) as a “bridge between South and Central Asia”. And for this, they recommended taking aspirations of people from across the LoC on board.
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