People's Democracy

 J&K House Says No To State’s Division

THE Jammu & Kashmir assembly discussed, on December 16, a resolution moved by Mohd Yousuf Tarigami, leader of the CPI(M) group in the house. While initiating the discussion on the resolution, Tarigami said the RSS, the core group behind the New Delhi rulers, had recently passed a resolution for dividing the state of Jammu & Kashmir into three parts. Then, the VHP went a step ahead, demanding that the state be divided into four parts. In the Kashmir valley, the fundamentalist Jamaat-i-Islami didn’t object to these proposals either. “This is a classical experience --- from the RSS to Geelani speaking in one voice,” the CPI(M) leader commented.

The resolution read as below: “This house resolves that to preserve the unity and secular character of Jammu and Kashmir state, its division shall not be allowed.”

During the discussion, Tarigami said any ‘solution’ that leads to a division of the state on parochial or sectarian lines may prove worse than the problem that is sought to be resolved. Such a course is fraught with the dangerous potential of unleashing the disruptive forces and endangering the democratic movements in both the countries, India and Pakistan, thus paving the way for disintegration and instability in the subcontinent.

In all, 16 members participated in the discussion. Barring only two members --- one each from the BJP and the Jammu State Morcha who opposed the resolution --- all others supported it. The discussion remained inconclusive and is expected to be taken up again in the ensuing budget session. However, the state government had earlier sent a reply to the mover of the resolution, giving its own point of view about the issue.

The government said the unity and integrity of the state of Jammu and Kashmir is enshrined in the constitution of the state itself. According to section 4 of the state’s constitution, the territory of the state shall comprise all the territories that were under the sovereignty or suzerainty of the princely ruler of the state on August 15, 1947.

As for the constitution of India, article 3 of this document provides that parliament may by law (1) form a new state by separation of territory from any state or by uniting two or more states or by uniting any territory to a part of any state; (2) increase the area of any state; (3) diminish the area of any state; (4) alter the boundaries of any state; or (5) alter the name of any state. Yet it provides that no bill for this purpose shall be introduced in either house of parliament except on the recommendations of the president and no such bill shall be introduced in either house without ascertaining the views of the concerned state’s legislature.

In so far as the state of Jammu and Kashmir is concerned, the state government’s reply said, no alteration can be made in its boundaries, nor can its name be changed by parliament, until and unless it has the consent of the state legislature. This makes it abundantly clear that ultimately it is the state legislature that has the final say in the matter. As far as the present government is concerned, the question of changing the boundaries or the name of the state on religious/caste or any other consideration does not arise, the reply assured.

The state has off and on faced many difficult situations owing to terrorism sponsored from across the border, which has caused disturbances in the state. However, the people and the government of the state have preserved its unity and its secular character despite the heterogeneous ethnic, linguistic and demographic character of the state.

The state government’s reply further said certain elements suggested the state’s trifurcation in the recent past. But keeping in view the constitutional provisions, no division of the state can be made and it will remain united. The state government said it would resist and oppose any moves to undermine the integrity of the state. The present government is committed to the development of all the three regions of the state and to removing disparity, if any, and is committed to keep all the three regions of the state of Jammu and Kashmir together.