Srinagar, June 17 (Scoop News) –Maintaining that peace can return to the State only after the pledges made to the people of J&K are honoured and fulfilled, Minister for Finance and Ladakh Affairs, Abdul Rahim Rather on Sunday said that Jammu and Kashmir is the only one to have negotiated the terms of its membership of the Union. Right till the
Speaking at a seminar on “Erosion of Autonomy and its restoration to the State of Jammu and Kashmir” organized by the Department of Political Science, University of Kashmir in collaboration with Centre for Dialogue and Reconciliation, New Delhi, here, the Minister said that Autonomy has remained, since the days of accession, the heartbeat of the people of the State. He said today we find that the State has last all semblance to autonomy. Its erosion is the primary cause for
The Minister said that it is well known fact that the State of
He said uniquely, the State is the only one to have negotiated the term of its membership of the
Elaborating on these provisions Rather said that it exempted the state totally from the provisions of the constitution of
Secondly, the Parliament’s Legislative Power was restricted to three subjects Defence, External Affairs and Communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the instrument of accession. For all this, only “Consultation” with the State Government was required since the State has already accepted them in 1947 by the instrument of Accession.
Third, if other Constitutional Provisions and others Union power are to be extended to the State of Jammu and Kashmir the prior “Concurrence” of the State Government was required.
Fourth feature is that even the concurrence alone did not suffice. It had to be ratified by the State’s constituent Assembly.
The Fifth feature is that the State Government’s authority to give the “Concurrence” lasts only till the State Constituent Assembly is convened. It is an interim power. Once the constituent Assembly met, the State Government cannot give its own concurrence. Once the constituent Assembly met, the State Government cannot give its own concurrence. Still less, after the assembly met and dispersed.
The Sixth and the last feature is the Art 370 (3) empowers the President make an order abrogating or amending it. But for this also “ the recommendation” of the State’s Constituent Assembly “ shall be necessary before the President issues such a notification”.
Rather said that Art. 370 cannot be abrogated or amended by recourse to the amending provisions of the constitution which apply to all the others states because Art 368 have a proviso, which says that no constitutional amendment shall have effect in relations to the State of Jammu and Kashmir unless applied by order of the President under Art 370 and that requires first the concurrence of the State Government and subsequent ratification by its constituency Assembly. He said the Art. 370 was authoritatively explained by the mover in the constituent assembly, N. Goplaswamy Ayyanger contemporaneously and resident of
He said it is abundantly clear that from 1953 onwards, especially in sixties, the process of erosion of the State autonomy began rapidly and on massive scale, adding that they assault on the State autonomy has to be and must be undone. For this purpose, he said the State autonomy committee has prepared a comprehensive report, which was approved by both Houses of the Legislature by two-thirds majority and the Centre should reconsidered this authentic and legal document so that peace can return to the State on sustain basis.