Why in News?
National Conference president Farooq Abdullah and vice-president Omar Abdullah interact with the media in Srinagar June 26, 2021 on their arrival from New Delhi after attending an all-party meeting with Prime Minister Narendra Modi.
Syllabus— GS 2 Federation
Repealing of Article 370 –
- On February 28, 1966, a rebellion erupted in Mizoram. The Mizo National Front (MNF), commanded by Laldenga, launched an armed uprising the next day and declared independence. The Mizoram Accord was signed on June 30, 1986.
- “Notwithstanding anything contained in the Constitution, no Act of Parliament shall apply to the State of Mizoram in respect of (a) Mizo religion or social practises,
(b) Mizo customary law or procedure,
(c) Administration of civil and criminal justice involving decisions based on Mizo customary law,
(d) Ownership and transfer of land, unless the Legislative Assembly of Mizoram has approved it.
- On February 20, 1987, the 53rd Constitution Amendment came into force inserting Article 371G.
- Article 370 is on a more solid foundation. Prime Minister Jawaharlal Nehru and his deputy, Sardar Vallabhbhai Patel, held parleys to provide legal substance to an agreement between the Union and a State of the Union.
- They began on May 15, 1949, at Patel’s home and ended in mid-October with an agreed-upon text. In the absence of Sheikh Abdullah, who happened to be in the lobby, it was moved in a modified version in the Constituent Assembly on October 17, 1949 by N. GopalaswamiAyyangar.Kashmir received 94 of the 97 entries in the Central List, leaving three entries unapplied.
- So much for the so-called “unique status.” Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa all have ‘special’ provisions in the Constitution (Article 371A-1). A Sadr-E-Riyasat was elected in Kashmir.
- He was replaced by a Governor appointed by the Centre.
Practice of Dealing with area of special status –
- Areas of ‘special status’ abound the world over.
- Scotland joined England in 1707 to form Great Britain. It held a referendum on its independence without its being called ‘treason’.
- Quebec held two referenda on secession in 1980 and 1995. All three failed.
- The Supreme Court’s track record on Kashmir is dreadful. The issue has become overly politicised.
- In favour of a political, peaceful, and constitutional approach, the petitions must be withdrawn.On July 9, 1953, Maulana Azad offered Sheikh Abdullah that the Indian government was willing to proclaim that Kashmir’s special status would be made permanent without limitations.
- “If such a proclamation had been made earlier, it would have strengthened my hands,” Abdullah responded on July 16. “If I don’t acquire the confidence of my people here, I won’t be able to serve my friends,” he says now.
- People are more important now than they were in 1953. Statesmanship entails devising a solution that is agreeable to both parties.
Way Forward: –
- The Delimitation Commission came to Kashmir to carry out the BJP’s Vision Document’s vision of additional seats for Jammu.
- Farooq Abdullah, Mehbooba Mufti, and Mirwaiz Mohammad Umar Farooq’s statesmanship will determine a lot.
- Their goals should be twofold: work to restore Kashmir’s identity and pride, and assist in the completion of the four-point formula developed by former Prime Minister Dr. Manmohan Singh and former Pakistani President Pervez Musharraf.
- Because it neglected Kashmiri sentiments, the all-party summit collapsed.
Discuss the political, social and economic implications of repealing Article 370 on Jammu Kashmir and Ladakh.