Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, January 25, 2020 03:52:30 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Fatal Error

Wrong Legal Way To An End

By
08th-Aug-2019       
Share
  • Twitter
  • Google+
  • Save
  • E-mail
  • Print
Comments
Share your thought
Post a comment »
Read all () »

Jammu and Kashmir has been a theatre of muscular Hindutva nationalism, in the early decades in script and since 2014 in performance. Adopting a highly militarist approach to separatism, and shunning political process entirely since 2014, the BJP has now delivered on a promise it has long made, by abrogating the special status that Jammu and Kashmir had enjoyed in the Constitution through a combination of executive and parliamentary measures. Additionally, the State is being downgraded and divided into two Union Territories. The mechanism that the government used to railroad its rigid ideological position on Jammu and Kashmir through the Rajya Sabha was both hasty and stealthy. This move will strain India's social fabric not only in its impact on Jammu and Kashmir but also in the portents it holds for federalism, parliamentary democracy and diversity.
The BJP-led government has undermined parliamentary authority in multiple ways since 2014, but the passing of legislation as far-reaching as dismembering a State without prior consultations has set a new low. The founding fathers of the Republic favoured a strong Centre, but they were also prudent in seeking the route of persuasion and accommodation towards linguistic and religious minorities in the interest of national integration. The centralising tendencies increased in the following decades, but Hindu nationalists always argued for stronger unitary provisions and viewed all particular aspirations with suspicion. For them, Jammu and Kashmir's special constitutional status was an impediment, not an instrument, for the region's integration with the rest of the country.
The entire exercise of getting Article 370 of the Constitution effectively abrogated has been marked by executive excess. The first step was to declare by a presidential decree that the 'Governor' - without regard to the fact that he has no Council of Ministers now to aid and advise him - can speak for the State government and give his concurrence to any modification in the way the Constitution of India applies to Jammu and Kashmir. Second, on the basis of this 'concurrence', the latest Presidential Order scraps the previous one of 1954, abrogating the separate Constitution of Jammu and Kashmir. Third, the fact that the State is under President's Rule has been used to usher in a new dispensation under which Jammu and Kashmir becomes a Union Territory with a legislature and Ladakh another such territory without a legislature.
In sum, a purported process to change the constitutional status of a sensitive border State has been achieved without any legislative input or representative contribution from its people. The bifurcation of States in the past cannot be cited as a binding precedent as, under Article 3 of the Constitution, the President seeks the views of the legislature of the States concerned, even if concurrence is not mandatory. In the present scenario, J&K has been represented by an unelected Governor appointed by the Centre, while Parliament has ventured to ratify the conversion of a State into two Union Territories without any recommendation from the State.
If there is a legal challenge to these measures, it would centre around whether such far-reaching steps could be achieved in the absence of a representative government by assuming that its gubernatorial administrator is constitutionally capable of using his consent as that of the entire State. Further, there is a self-enabling aspect to the Presidential Order. It performs a hop-step-and-jump feat. It hops over the requirement of the State government's consent by declaring that the Governor is the State government. It steps over the need for aid and advice by the Ministerial Council by saying the Governor's opinion is enough. And it jumps over the fact that there is no Constituent Assembly now by merely reading the term as 'legislative assembly', and letting Parliament perform the role of the State legislature.
Thus the President's power under Article 370 has been used both to create an enabling provision and to exercise it immediately to modify the Order, thereby dispensing with the role envisaged for the State Assembly. While it is true that in 1961 the Supreme Court upheld the President's power to 'modify' the constitutional provisions in applying them to J&K, it is a moot question whether this can be invoked to make such a radical change: a functioning State has now been downgraded and bifurcated into two Union Territories. It is inconceivable that any State legislature would ever have recommended its own demotion in status.
True, the special status of J&K was meant to end, but only with the concurrence of its people. The Centre's abrupt move disenfranchised them on a matter that directly affected their life and sentiments. Moreover, that this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shutdown reveals a cynical disregard of democratic norms. It appears that the current government values J&K for its demonstrative impact before the rest of the country, as a place where a strong nation and its strong leader show uncompromising political will.
But that may have other unintended consequences. Geographically and metaphorically, Jammu and Kashmir is the crown of secular India - a Muslim majority region in a Hindu majority country. Its people and leaders had chosen secular India over Islamic Pakistan, a fact that Islamists never reconciled with. The BJP's adventurous route also has as backdrop an impending U.S. withdrawal from Afghanistan that will trigger an unforeseeable churn in Islamist politics in the region. Islamists have always viewed Kashmir as a component of their global grievances.
Whatever its intent in enabling the full integration of Jammu and Kashmir with India, Monday's decision to alter the State's status could have unintended and dangerous consequences.
(Editorial, The Hindu, India)

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Don't put extra burden on Hajj pilgrims’ shoulder


THE Hajj Agencies Association of Bangladesh and the Religious Affairs Ministry in a chorus criticised the Civil Aviation Ministry for taking proposal to increase airfare for each hajj pilgrim by Tk 12,000 from last year, terming it 'illogical" and "immoral". The HAAB leaders on Thursday at a press conference said ...

International »

Imran Khan calls for UN action over Kashmir dispute


Reuters, Davos :Pakistan's Prime Minister Imran Khan called on Wednesday for the United Nations to help mediate between nuclear armed India and Pakistan over the disputed territory of Kashmir."This is a potential flashpoint," Khan said during a media briefing at the annual meeting of the World Economic Forum in Davos, ...

Entertainment »

Shama Sikander sends her love for India’s Republic Day


India will be celebrating its 70th republic day and it’s an extremely auspicious occasion for us. In 26th January 1950, the constitution came into power and became the largest democracy in the world. Shama Sikander has her thoughts and plans set for this day and let’s go through it. Shama ...

Cricket »

We are confident to beat Pakistan: Mahmudullah


Bangladesh captain Mahmudullah Riyad said they remain upbeat to beat Pakistan in the first T20 International today (Friday) and gain the momentum for the whole series.Having said that, Mahmudullah insisted right at the moment the security matter, which has been the focal point of the series is not in their ...

Football »

Neymar sets up two goals as PSG cruise into League Cup final


Neymar set up the first two goals with curling set pieces as Paris Saint-Germain won their French League Cup semi-final 3-0 away to Reims on a chilly Wednesday night.PSG will face Lyon, who beat Lille on penalties on Tuesday, in the final at the Stade de France on April 4.This ...

Editorial »

Nobody is there to control them


CHHATRA League activists of Dhaka University's Sergeant Zahurul Haq Hall are at it again as they tortured four students for nearly three hours before handing them to police early Tuesday. The BCL men labelled them as Shibir activists and handed them to Shahbagh police around 3:30am in the presence of ...

City »

Chairman of Bangladesh Public Service Commission Dr. Mohammad Sadik, along with other members of the commission paying tributes by placing wreaths on the plaque 'Mrityunjayee' on the premises of the commission on Thursday on retirement of its two members Abul Kalam Azad and Prof. Dr. Shah Abdul Latif.


Entertainment »

Hina Khan learns to smoke for her role in web series, Damaged 2


We’ve heard of actors across the industry going all out when it comes to prepping up for their characters and roles. From Deepika, on getting a particular accent in Chennai Express to Aamir Khan learning how to tap dance for Dhoom 3, actors do everything possible to get into the ...

Editorial »

Govt faces hard time for needless expenditures coupled with corruption


THE Finance Ministry has asked all ministries and divisions not to seek additional fund in the current fiscal year in a signal that the government is tightening its belt amid a revenue shortfall, as per local media reports. The ministry furnished the instruction with regard to the operating and development ...

Entertainment »

Nadia to perform in MECA’s reunion


Sheikh Arif Bulbon :Reunion of ex-cadets of Mirzapur Cadet College will be held from January 23 to 25 at the Cadet College in Tangail. Mirzapur Ex-Cadets Association (MECA) is organising the reunion programme. It will be MECA’s 13th arrangement of reunion. Popular TV actress, model and dance artiste Nadia Ahmed ...

Cricket »

Bangladesh Cricket (T20I) team off to Pakistan


Sports Reporter :Bangladesh National Cricket (T20I) team left the city on Wednesday night for Pakistan to play three Twenty20 International (T20I) cricket matches against their counterpart Pakistan in Lahore of Pakistan.Bangladesh will take on Pakistan in the first T20I on January 24, face Pakistan in second T20I on January 25 ...

International »

Russia gets new govt in what Putin calls ‘major renewal’


Reuters, Moscow :Russian President Vladimir Putin approved a new government on Tuesday which he described as a break with the past, bringing in some fresh faces but retaining many senior ministers.The new government included a new economy minister and a new first deputy prime minister, but the finance, foreign, defence, ...

International »

Ousted Grammy CEO files explosive discrimination complaint


AFP, Los Angeles :The ousted chief of the organization behind the Grammys filed a complaint on Tuesday accusing the Recording Academy of putting her on leave after she raised concerns about sexual harassment, voting irregularites and other misconduct.Deborah Dugan says in her 44-page complaint before the Equal Employment Opportunity Commission ...

City »

Director General of Border Guard Bangladesh Major General Safinul Islam visited floating BOP at the water border area in Sundarbans on Wednesday.


Editorial »

Custodial death goes as worst kind of disregard for law


ABU BAKAR Siddique Babu was arrested around 8:00pm on Saturday by Tejgaon Industrial Police. Later he was found hanging from the iron bars of a lockup room of the same police station around 3:00am on Sunday. He was pronounced dead at Dhaka Medical College Hospital about an hour later. It ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news