Excelsior Correspondent
SRINAGAR, Mar 28: While terming the BJP’s assertions that it was committed to eventual abrogation of the Article 370 and was only holding back temporarily for the time being, CPI (M) leader and MLA Kulgam Mohammad Yousuf Tarigami today said that Article 370 is in the basic structure of Indian Constitution and even if the BJP has full majority in the Parliament, it can’t abrogate it.
“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. Autonomy has been provided to Jammu and Kashmir under Article 370 of the Constitution of India and forms the core of the relationship between the State and the Centre,” Tarigami said.
He said the 43 amendments made to the Article 370 in the past, including last year’s amendment to implement GST to the State by the PDP-BJP Government, are unconstitutional as it is only the Constituent Assembly which has powers to do so. Stating abrogation of Article 370, as not only unwarranted but totally unacceptable to the people of Jammu and Kashmir, he said it is our unalterable opinion that Article 370 of the Constitution should act as a bridge between the Union and the State and the provisions which have been eroded from time-to- time should be restored without any delay.
The core agenda of BJP is abrogation of Article 370 and that is why they are using the words like “we are holding back temporarily.” Why Government of India is reluctant to defend the special status of the State in the Supreme Court. Why aren’t they filing an affidavit in the Supreme Court and oppose the writ petition regarding the Article 35-A as it is in the said Article is in Constitution of India and the Centre is duty bound to defend the Constitution. He said Article 35-A of the Indian Constitution, which confers some special privileges on the permanent residents of J&K was made under special circumstances and was distinct in comparison to other states.
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