New Delhi: The Supreme Court Monday pulled up the Jammu and Kashmir government for harping on its special status, asking it if it could run the affairs of the state without the help of the central government.
A bench of Chief Justice P.Sathasivam and Justice Ranjana Prakash Desai expressed its displeasure as the state government, in its affidavit filed before the court, contended that it enjoyed special status and the Indian Constitution did not apply to it in its entirety.
“The state of Jammu and Kashmir has a special status within the Union of India. The Constitution of India (as well as the constitutional scheme thereunder) do not apply in their entirely to the state of Jammu and Kashmir, but are subject to certain limitations and exceptions,” said the affidavit.
It said that while the political relationship between the state and India is “governed by Instrument of Accession”, the “constitutional relationship between the State and the Union of India is governed by the relevant provisions of the constitution of Jammu and Kashmir, read with Article 370 of the Constitution and various orders issued by…the President of India, under that Article”.
The apex court expressed its displeasure with the tone and tenor of the affidavit while hearing a plea on the discrimination in the award of compensation to the security personnel belonging to the state police and those belonging to central paramilitary forces during the recent violent clashes in the state’s Kishtwar region.
Asking how could the Jammu and Kashmir government give different compensation to security personnel from within and outside the state, the court said: “It does not mean you discriminate…despite your constitutional status you can’t discriminate because these people lose their lives in your state for your people.”
The court asked the chief secretary to file a fresh affidavit and directed the listing of the matter for Sep 20.
–IANS
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The Supreme Court is to be commended for calling a spade a spade and decrying the arrogance that the government of J&K seems to have acquired over the last few years. The Instrument of Accession is not written in stone: it is subject to historical progress, and it is valid only because it has been subsequently enshrined in the Constitution. The Parliament of India can amend the Constitution to nullify it. In my view the time has come to debate this option and not be stuck for ever in a time warp. Our own region has witnessed similar changes in the last fifty years:Tibet has been absorbed by China, Sikkim is now integrated with India,a sovereign Bangladesh has replaced East Pakistan. J&K should now become an integral part of India and the fig leaf which presently barely conceals the animosity of some of its separatist elements should be removed.Its current ambiguous status only generates more separatist tendencies and gives our dispute with Pakistan a quasi-judicial respectability.The abrogation of Article 370 will proclaim to the world that Kashmir is truly an integral part of India.
The tone and tenor of the state Govt.has always been communal in content.They get massive aids from the Central Govt.for the development works and for running the Govt. This is all Indian Taxpayer’s money.It sounds very strange not to compensate the casualties of central forces on the scales similar to that given to those of state forces.Kashmiri Pandits being in exile outside Kashmir in other parts of the state and the country are not being given any relief by the state Govt.as if they are not the residents. PM’s special employment package for KP’s was to be shared by the state upto 50%,but noting was done on this account, and on the contrary they give massive reliefs to those terrorists who come back from Pakistan along with their Pakistani wives and children, and adequately rehabilitate them.Indian Govt needs to stop all this and make the Kashmiris feel their ground where they stand.