Don't turn the clock back to 1948. Interlocutors’ insidious plan
Dr Bhagwati Prakash Sharma
Sudden release of the report of a group of 3 interlocutors appointed
against the explicit intent of the Parliament on Kashmir was unwarranted
and out of context on May 24, 2012. It reflects deliberate malice of
the government to fill wind in the sails of separatists and add fresh
fuel to Kashmir problem at a time, when the jehadi separatists have lost
steam and the Pakistan is also striped of its energy and intent to
breed any fresh problem. Timing of release of this retrograde report,
seven months after its submission and without any fresh context for its
release, is just to divert the attention of the public and opposition
away from the utter failure of the Sonia-Manmohan government on the
economic front.
Release
of such an anti-India and retrograde report replete with illegitimate
recommendations is the most sinister design, though in vain, to
legitimise altogether anti-national recommendations which are also
ultra-vires the constitutional provisions. This report had to be
rejected in toto, instead of being released at the behest of the
government for public debate, which explicitly undermines the intent of
the Parliament. It is needless to remind that the Parliament had
unanimously resolved on February 22, 1994 that the accession and
integration of the Jammu & Kashmir into the Union of India is full
and final. The unfinished agenda to be fulfilled on the front of Jammu
& Kashmir, is to take back the Pak occupied territories of it. But,
in contravention of this explicit resolution of the Parliament, the
release of this interlocutors’ report recommending to undo all the
actions and decisions of the Parliament on Jammu & Kashmir is
unconstitutional. How can the 3 interlocutors devoid of any
constitutional locus standi can recommend to water down all the
parliamentary enactments on Jammu & Kashmir brought since 1952. What
authority the government has, to release such anti-national and
retrograde recommendations, officially for public debate, which question
the very wisdom of the Parliament on all its pronouncements on Kashmir.
It is nonetheless than clear breach of privilege of the Parliament.
Though, the separatist factions too have rejected the report in toto.
Yet, official release of this illegitimate report authored by a
committee lacking any locus standii de jure, will equip traitors and
anti-national forces, in and out of India, to draw pseudo legitimacy for
anti-India demands related to Jammu & Kashmir.
How could the Government of India dare to put in public domain, even
for informal debate a report reversing the integration of Jammu &
Kashmir into Indian Union. It is altogether anti-national on the part of
the Central Government to put into public domain the recommendations
that attempt to revive the pre-1953 status of Jammu & Kashmir. These
recommendations include setting up of a Constitutional Committee (CC)
to review all central laws and articles of the Constitution of India
extended to the state after 1952, to identity which of these have dented
Jammu & Kashmir’s special status and abridged the state
government’s powers. Equally detrimental to the national integrity and
unity of the country is the another recommendation which aims to curtail
the Parliament’s power to make laws for the state (Jammu & Kashmir)
except relating to country’s security and vital economic interests in
the areas of energy and water resources. Thirdly the committee has also
recommended to make the Article 370 permanent. How can it (a committee
of dubius track record) prevail over the Parliament’s vision and power
to amend the Constitution and enact laws. It was not a commission
constituted by the Constituent Assembly or Parliament to recommend
constitutional reforms, including the censure of the Parliament’s law
making authority and to curb it. Then, how such a committee constituted
by an executive order can recommend to limit the Parliament’s power?
The government has no right to circulate any such report which is
violative of the Parliament’s unanimous resolution dated February 22,
1994. Unless the Parliament itself takes a different stand, no such
interlocutors can interfere with the Parliamentary pronouncements. The
unanimous resolution adopted by the Lok Sabha with regard to J&K
firmly declares that (a) the state of J&K has been, is and shall be
integral part of India and any attempts to separate it from the rest of
the country will be resisted by all necessary means; (b) India has the
will and capacity to firmly counter all designs against its unity,
sovereignty and territorial integrity, (c) India demands that Pakistan
must vacate the areas of the Indian state of J&K which it has
occupied through aggression and resolve that; (d) all attempts to
interfere in the internal affairs of India will be met resolutely.
It is again most deplorable that two members of this three-member
committee were alleged of attending parties hosted by Pakistani ISI
lobbyists during their tenure as interlocutors. Now, their very report
is questioning the Parliaments’ wisdom, since 1953, in enacting laws for
Jammu & Kashmir and in extending the Articles of the Constitution
of India to Jammu & Kashmir. The committee has not stopped itself
there, but, has even recommended to stripe the Parliament of India, of
its power to make laws for the state of Jammu & Kashmir.
It is also treacherous to dilute India’s claim on the Pak occupied
Kashmir by deliberate use of the words ‘Pak Administered Kashmir (PAK)’
by these interlocutors, instead of ‘Pak Occupied Kashmir (POK)’ being
used officially by India. Change of the words to ‘Pak Administered
Kashmir’ adds legitimacy to Pakistan’s continued occupation of areas of
Kashmir. While the words ‘Pak Occupied Kashmir’, being used by India,
throughout these years, since Pak occupation, describes it (Pakistan) as
illegal occupant. In terms of International Law, this easing out of
India’s claim on ‘Pak Occupied Kashmir’ by using the words ‘Pak
Administered Kashmir’ adds legitimacy to Pakistan’s governance over that
area and jeopardises India’s position. This mischievous change in the
phrase has to be condemned and such a lapse on the part of the
government to officially release such a treacherous report jeopardising
India’s position on J&K vis a vis Pakistan is unpardonable. It is
even more deplorable that this report has been authored by the members
being alleged to have enjoyed parties hosted by Pakistan ISI lobbysts,
and they have even recommended to curb the Parliament’s power to make
laws for J&K as well as to roll back the constitutional provisions
made applicable in J&K after 1952. The government has an explicit
responsibility to uphold the sanctity of the Constitution and Parliament
of the country. Therefore, release of a report questioning the sanctity
of Constitutional provisions and the Parliament’s law making authority
should not have been released by the Union Government.
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