Srinagar, Sep 28, KDC: Jammu and Kashmir National Conference (NC) MLA from north Kashmir’s Baramulla, Javid Hassan Baig, while speaking in the Legislative Assembly on the resolution concerning restoration of statehood, said the demand for restoration of statehood was not against India but was a demand for restoration of democratic institutions within the country.
Baig said he wanted to speak in favour of the resolution with an amendment and place his views before the House.
He said he considered the accession with India final and irrevocable.
Baig, according to news agency Kashmir Dot Com, said, “We consider Article 370 sacred and important,” adding that they respected the institutions of the country.
Referring to Article 19, Baig said it provided freedom of expression and that they wanted to place their views in the House while remaining within its limits.
He said Parliament and long-term political issues needed to be understood in the proper perspective, adding that they also had their own rights and wanted to speak about them.
Baig said they respected the Supreme Court and also had the right to speak about their political concerns regarding its judgments.
Baig said the issue should be discussed through a constitutional, political and democratic framework and that democracy also required the courage to discuss difficult and uncomfortable questions.
Referring to the constitutional changes of August 5, 2019, Baig said Constitutional Order 272 was issued through which the Constitution of India was applied to Jammu and Kashmir, while changes were also made to the interpretation of Article 367.
He also referred to Constitutional Order 273 concerning Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, under which the erstwhile state was divided into the Union Territories of Jammu and Kashmir and Ladakh.
Baig discussed the constitutional questions subsequently considered by the Supreme Court, including those concerning Article 370, Article 367, President’s Rule and the exercise of legislative powers during that period.
He said the Supreme Court had held that Article 367 could not be used to alter Article 370 in a manner that effectively changed its constitutional nature.
Baig said an extraordinary constitutional arrangement such as President’s Rule could not be treated as a substitute for an elected government for taking permanent constitutional decisions.
He said the Supreme Court’s judgment should be respected, while there could still be a right to disagree with it.
Calling for restoration of statehood, Baig said the people of Jammu and Kashmir should get their political status back as soon as possible and appealed to the House to support restoration of the region’s political status.
He said there was a major difference between a state and a Union Territory, with a state having a stronger democratic structure and greater constitutional powers, while a Union Territory had a more limited structure and greater dependence on the Union Government.
Baig argued that an elected government should have the necessary authority to fulfil its responsibilities and answer to the people.
Referring to the political situation in Jammu and Kashmir, Baig said people had suffered because of political instability, militancy and terrorism, adding that ordinary people, security forces, young people and families had borne the consequences.
He said distrust among the people had also benefited Pakistan and contributed to the consequences witnessed in the form of militancy and terrorism.
Baig stressed that the issue could not be resolved merely through discussions on security and said trust between the people and institutions also needed to be built.
“Trust is also necessary,” he said, adding that trust could not be created simply by giving orders but had to be built.
Baig said political status was therefore important and stressed that the discussion should focus on learning from past mistakes rather than merely criticising previous governments.
He called upon the House to discuss the history of Jammu and Kashmir and the constitutional questions concerning the region, while respecting the Supreme Court’s judgment and the right to disagree with it.
Baig also urged the government to fulfil its commitment to restore the political status of Jammu and Kashmir as soon as possible.
Referring to the people’s experience of terrorism, destruction and political uncertainty, he said people now wanted stability, progress and a complete democratic system.
He appealed to the House to support restoration of the political status of Jammu and Kashmir and create a bridge of trust between the people and institutions.
Baig also referred to the Government of India Act, 1919, saying it was introduced at a time when the British Empire was facing increasing challenges and political consciousness was growing in India.
Drawing a comparison with the present Union Territory arrangement, he said there was a situation of responsibility without sufficient authority and authority without sufficient responsibility.
Baig said elected representatives could question the government, but actual powers in several important areas remained outside their control.
He said this created an imbalance between responsibility and authority, arguing that if an elected government was expected to answer to the people for governance, it should also possess the necessary powers to fulfil its responsibilities.
He described this as a basic question of democracy and said the government elected by the people should be able to govern.
Referring to the assurance given by the Union Government before the Supreme Court regarding restoration of statehood after elections, Baig said the people of Jammu and Kashmir had participated in the democratic process and elected their representatives with the expectation that an elected government would be formed.
He questioned where the roadmap, deadline and commitment for restoration of statehood were.
Baig said democracy could not merely be reduced to elections and also required accountability.
He said the people of Jammu and Kashmir wanted a government with real powers to govern and the authority necessary to implement its decisions.
Baig concluded that restoration of statehood was not merely a political issue but a matter of democratic principles, constitutional values and the trust given by the people. (KDC)
