Other States

Remarks on Article 370, an attempt to distort history, says CPI(M) leader Tarigami

Jammu and Kashmir CPI(M) leader M.Y. Tarigami

Jammu and Kashmir CPI(M) leader M.Y. Tarigami   | Photo Credit: Nissar Ahmad

Article part of Constitution’s basic feature, says Mr. Tarigami.

Senior CPI(M) leader M.Y. Tarigami on Sunday termed Union Home Minister Amit Shah’s recent statement in the Lok Sabha and BJP national general secretary Ram Madhav’s remarks on Article 370 as “an attempt to distort the facts and history”.

“J&K acceded to India under the guarantees provided by the Constitution of India. It is the Constituent Assembly which incorporated Article 370 in the Constitution providing a constitutional basis for the relationship of J&K with the Union. It is not a temporary provision but part of the basic features and structure of the Constitution,” said Mr. Tarigami.

Only State

He said J&K was the only State to declare its intention to have its own constitution, as far back as March 5, 1948. “At the time of partition and after, it was free to accede to Pakistan or India, or to become an Independent country. But it decided to accede to India on specific terms, despite being a Muslim majority State. This unique circumstance was a matter of prime consideration for evolving constitutional machinery to prescribe relationship of the State with the Union,” said the former legislator.

He said J&K acceded to the Indian Union in respect of three subjects, namely foreign affairs, defence and communication. “Article 370 embodies this basic principle of solemn compact pact. It is the machinery to integrate the people of Kashmir with India with heart and soul and to stop their alienation,” he added.

The CPI(M) leader said the challenge against continuance of Article 370 had been rejected by the constitutional bench of the Supreme Court . “The constitution bench was of the opinion that the provisions of Article 370 continue in force and remain effective even after the Constituent Assembly of the State had passed the Constitution of the State as it has not decided to make Article 370 inoperative or to cease to exist,” he said.

The present unrest in the State, Mr. Targami said, was essentially the result of erosion of the autonomous status provided under Article 370 to J&K.“The remedy lies not in attempting distortion of history which can only compound the crisis further. It is in the interest of the State and the country that the political leadership go through the history of broken promises and restore the eroded autonomous status of the State,” he said.

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Printable version | Feb 21, 2020 3:30:14 AM | https://www.thehindu.com/news/national/other-states/remarks-on-article-370-an-attempt-to-distort-history-says-cpim-leader-tarigami/article28236039.ece

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