Srinagar, Mar 28 (UNI) Reacting to BJP's assertions that it was committed to abrogation of the Article 370 and was only holding back temporarily for the time being, the Communist Party of India (Marxist) on Wednesday said the Article is the basic structure of the Indian Constitution and even if the saffron party has full majority in 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 the state with the Union,' said senior CPI (M) leader Mohammad Yousuf Tarigami.
'Autonomy has been provided to Jammu and Kashmir under Article 370 of the Constitution and forms the core of the relationship between the state and the Centre,' added Mr Tarigami, who is MLA from Kulgam.
He said the 43 amendments made to Article 370 in the past, including the 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.
'Seeking abrogation of Article 370 is not only unwarranted, but totally unacceptable to the people of Jammu and Kashmir. 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,' he said.
He said 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 Article 35-A, as it is in the said Article is in the Constitution and the Centre is duty bound to defend the Constitution,' Mr Tarigami said.
Article 35-A of the Constitution (which confers some special privileges on the permanent residents of J&K), was made under special circumstances and distinct, in comparison to other states.
'The ruler of the state, Maharaja Hari Singh acceded to India by signing the instrument of accession, which was accepted by the Governor General of India on October 27, 1947. Maharaja surrendered only three subjects, that is external affairs, defence and communication to the dominion of India, while on all other subjects, the ruler of the state continued his sovereignty in and over the state by virtue of para (8) of the Instrument of accession,' he added.
The conspiracy to remove Article 35-A is essentially the agenda of communal, divisive and anti-democratic forces, who want to thrive on uncertainty, discard, hatred and turmoil, he added.
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