Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union

Union
Minister for Home Affairs, Shri Amit Shah, introduced two bills and two
resolutions regarding Jammu & Kashmir (J&K) in Lok Sabha today.
These are as follows:
  1. Constitution
    (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1)
    of Constitution of India} – issued by President of India to supersede
    the 1954 order related to Article 370.
  2. Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}
  3. Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India}
  4. Jammu & Kashmir Reservation (2nd
    Amendment) Bill, 2019 {Home Minister withdrew the Bill from both Houses
    as the provisions of this act would become applicable to J&K once
    article 370 gets repealed and the laws of Union of India become
    applicable there

Article
370(3) provides President of India has the powers to amend or repeal
the article by issuing a notification, based on a recommendation of
Constituent Assembly of J&K. President of India signed the
Constitution Order
2019
yesterday regarding Article 370(1), under which all the provision under
article 4 would be applicable to J&K. J&K constituent assembly
would be read as J&K Legislative Assembly. Similar changes to
article 370 have been done in the past as well.Now since President’s
rule is in force in the state, implementation of article 370 would cease
to exist when President of India issues the notification in this
regard, after this House passes the resolution.
Replying
to the debate, Shri Shah stated,”I want to state that J&K is an
inalienable part of India. There are no two versions about
that”.Parliament is the highest and fully competent bodyto make laws and
bring resolutions regarding a state of India including J&K. There
can be no question to this power of the Parliament. Shri Shah said that
for 70 years, people of India have harboured this aspiration in their
hearts that Kashmir must be an integral part of India. Article 370 was
the only roadblock to realize this goal. Home Minister thanked the Prime
Minister for this historic step to remove this roadblock for ever.
Leader
of Main Opposition Party in Lok Sabha raised the issue of how the
Centre can take this step unilaterally when Kashmir is a bilateral issue
between India and Pakistan and when the matter is pending in UN.
To this, Shri Shah retaliated and challenged the opposition that they
must clarify their stand on the floor of the House whether they support
UN meditation in Kashmir.The opposition in a way has questioned the
competence of the Parliament by raising this point, he stated.
Shri
Shah asked the members, “How can patriots of India who can sacrifice
their lives for the country not get perturbed by such a question?”In
India, things do not function on whims and fancies but on laws. I am
always ready for constructive discussion but never for destructive
debate, he added.
Speaking
on the applicability of United Nations charter on India and Pakistan to
J&K, Shri Shah said thatunder this charter, neither armed forces
would violate the territorial integrity of other country. The day in
1965
Pakistan violated this provision, the charter was violated. The
question of a referendum ended with the Pakistani aggression. Hence, the
Government of India has full rights to take any decision regarding its
territorial integrity. This was even agreed to by the UN, Home Minister
added.
Shri Shah reminded the opposition and asked who took Kashmir matter to UN and who brought a unilateral cease fire in 1948? “Had our forces given a free hand to deal with the situation, PoK would have been a part of India today”, he stated.
Introducing
the resolutions and bills on the floor of the House, Shri Shah said
that the House has been witness to many historical moments. Today once
again this House is witness to a golden day when we are going to bring
J&K truely into India’s fold.Now, local representatives would have a
voice in the hill councils. The governments would be democratically
elected and would run the local government and administration in
J&K.
Several
members have raised the apprehension about the period for which the
Union Territory status will continue for J&K. Shri Shah saidthat
regarding Ladakh, it wasa long standing demand. Further he said, “I want
to assure the people of J&K that the status of State would be
restored once the situation normalises. Secondly, PoK and Aksai Chin are
an inalienable part of JK and the seats are still part of the
legislature.J&K would have a Legislative Assembly with elected
representatives and it is a misnomer that the administration would be
run by the Centre, he assured the House.
Home
Minister explained the difference between articles 370 and 371. Article
370 was originally a temporary provision. He informed that because of
article 370, the laws of Union of India did not apply to J&K,
corruption and terrorism flourished there. Article 371 relates to
special provisions to special clauses favouring development to backward
regions in some states. Why would the Government repeal article 371 and
why is the opposition equating articles 370 and 371, he asked. Home
Minister assured the people of these states that this Government has no
intention of repealing article 371.Further, Shri Shah also classified
that Naga Accord and article 370 have no relation and no mistake
committed in the past would not be repeated by this Government.
Regarding
troop deployment and no internet facilities in J&K currently, Shri
Shah assured that there is no reason other than preventing some
nefarious elements from instigating violence in the State and no one can
stop the government to take precautionary measures to protect the peace
inside the country. He made it clear that the government would never
talk with separatist elements and those who back cross border terrorism.
The government would only talk with anyone once they are committed for
peace and development in J&K.
Taking
on the opposition about the division of erstwhile state of Andhra
Pradesh, the Home Minister said that the proposal was rejected by the
State Assembly by two-thirds majority. Even then the earlier Government
went ahead with the division without consulting all political parties.
Removing
article 370 has no communal agenda as a number of communities and
religious groups are resident of J&K that are affected equally.
Article 370 has perpetuated discrimination against the minorities
including Sikhs, Buddhists admin others. Further, Shri Shah said, in the
past 70 years over
41500
people have been killed. Should we continue on the same path and let
people die. Who is responsible for this state of affairs? Are not the
youth of J&K and Ladakh require development. For how long would we
deprive them only for vote bank politics. Repealing article 370 is not a
historic blunder, rather it is historic step to correct this historic
blunder. Such bold steps are not taken for vote bank but for the
betterment of people of J&K and for three Nation, Home Minister
stated.
Shri
Shah further said that those who favour article 370 are in opposition
to the Prevention of Child Marriage Act which could not be applied to
J&K due to article 370. Similarly other laws like Right to
Education, Land Accusation Act, Multiple Disability Act, Senior Citizens
act, Delimitation act, Whistle Blower Protection act, laws enacted for
empowerment of tribals, National Commission for Minorities, National
Council for Teacher Education, among others, could not be applied to
J&K.
How is this in favour of the people of JK to not apply these laws in the
state, Home Minister asked the House. The reason, he said, is simply
that after President’s rule was applied in J&K, all corruption cases
were opened and those who were at the receiving end are opposing the
repealing of article 370. Democracy was strangulated by the use of
article 370 for 70 years. Today, after this government came to power,
over
40000 panch and sarpanches are taking the democratic process forward and development has started.
Taking
on the cross border terrorism, Shri Shah stated that Pakistan has
misused the presence of article 370 to sow the seeds of separatism and
terrorism in J&K. I appeal to all those who favour article 370, to
ponder what benefits did the provision bring to the state. It only
prevented development and facilitated terrorism there. Only by repealing
this provision, we can bring the people to the mainstream and embrace
them with open arms.J&K is the heaven on earth and I assure everyone
that it would continue to remain so when all the laws of Union of India
become applicable to the state, he said.
The
Home Minister appealed to the House to once again ponder on all these
points and join hands with the Government to bring the people of J&K
in the mainstream of development.