NEW DELHI, 2019 AUGUST 05 – Union Minister for Home
Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding
Jammu & Kashmir (J&K) today. These are as follows:
Constitution (Application to
Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India}
– issued by President of India to supersede the 1954 order related to Article
370.
1.
Resolution
for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}
2.
Jammu
& Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of
India}
3.
Jammu
& Kashmir Reservation (2nd Amendment) Bill, 2019
Announcing a path breaking decision by the
Government, Shri Shah said that the Government is moving a resolution which
would repeal the provisions under Article 370 of the Constitution of India,which granted a special status to the state of
J&K. The provisions of Article 370 would
cease to exist from the date President of India issues a notification in this
regard, after the recommendation of the Parliament. Consequently, the
Constitution of India would get applicable to J&K, on par with other
states/UTs of the country, the Minister added.
Responding to apprehensions on the resolution
and the future of J&K,Shri Shah said,“I would just say that the bill that
the Government is bringing is historic. Article 370 has prevented J&K to
merge with India rather than being a basis of its merger. The politics of vote
bank has looted the youth of the state for over 70 years. I would call on the
opposition members to debate and discuss on why the benefits of development
were not allowed to reach the common people of J&K till now. Politics of
religion must be avoided at all costs. Article 370 is equally harmful for
people of all religions”, the Minister said.
Further, the Minister termed the
provisions of Article 370 as discriminatory on the basis of gender, class,
caste and place of origin. The youth is being taken for a ride by the political
elite. This provision was temporary in the first place and it has to go in the
larger interest of the people of J&K, he added.
Under article 370(3), there is a provision that
President, on recommendation of the Parliament, has the power to amend or cease
the implementation of article 370, through a public notification. This has
already happened on a number of occasions in the past. The Home Minister
pointed out to the opposition that everyone knows how the article 370 is
hampering the development of the people of the state.
Shri Shah said that post the repeal of the
Article 370, doors to private investment in J&K would be opened, which
would in turn increase the potential for development there. Increased
investments would lead to increased job creation and further betterment of
socio-economic infrastructure in the state. Opening of buying of lands would
bring in investments from private individuals and multinational companies and
give a boost to the local economy, as opposed to the apprehensions raised by
those opposing this historic step, he added.
Home Minister remembered the martyrdom of
civilians and soldiers who have lost their lives during 1989-2018. He said that
had article 370 would not been there, these people wouldn't have lost their
lives. Refugees who came from Pakistan after partition did not get citizenship
till now. They cannot become councillors in the state. This has been a
historical injustice to these people. As opposed to this, in rest of India two
Prime Ministers were elected from those refugees.
Shri Shah said because of article 370,
democracy never took root in J&K, corruption flourished, widespread poverty
took root and no socio-economic infrastructure could come up. It is the root
cause of terrorism. Further, 73rdand 74thAmendments to
the Constitution could not be applied to J&K due to article 370. Panchayat
and Nagar Palika elections could not be held. Who is responsible for taking
away democratic rights of the people of J&K which were available to other
citizens of India? It was Article 370.Panchayat elections recently held were
conducted successfully and peacefully. The people want democracy and not
bloodshed., the Minister said.
Talking about economic backwardness in J&K,
Shri Shah said article 370 impedes people from outside the state to do business
there. Absence of economic competition has prevented development and corruption
flourished. Land prices are at a rock bottom because no one can buy land there.
No industry, including tourism, is allowed to flourish there. People remain
poor in perpetuity despite presence of abundant economic opportunities for the
local populace. Rampant corruption is present, thus preventing external
investment in the state.
Home Minister said, “I want to tell the
Kashmiri youth that article 370 holds no benefits for them. It would only
benefit a few elite people who want to keep the youth poor for ever and corner
all benefits for themselves. Despite so much funds being provided by the
Centre, where are the educational and health facilities? Those who support
article 370 must know that this article prevents professionals from outside the
state to settle down in the state and hence no one wants to go there. Now, the
moment this resolution is passed and article 370 is removed, each child would
get right of education and each patient would get free health care under
Ayushman Bharat.”
Further addressing the Kashmiri youth, Home
Minister said, “We want to embrace the youth of J&K and give them
flourishing opportunities of employment. Even the separate bill for reservation
for economically backward classes would not be required if the resolution is
passed in both houses as the provision will get automatically applied to
J&K, as in rest of India”.
Talking about terrorism, Shri Shah said that
the youth has been misguided to pursue jihad on Pakistan's nefarious designs.
Thousands of civilians have died. Why? It has been a stated policy of Pakistan
to support article 370 and keep the youth away from getting into the mainstream
of development and brain wash them into jihad. All the political parties with
separatist ideology have vested interests to continue article 370. Their
children do not get killed in the blood shed caused due to terrorism, hence
support the article.
Rebutting the apprehension that removing
article 370 would destroy Kashmiri culture, Shri Shah said that all states have
preserved their culture and language after becoming a part of the Union of
India. How does article 370 protect JK on this aspect, he asked. It is only and
only a political propaganda that has blinded the youth of Kashmir into
believing it for 70 years. “I assure the youth of JK that give this government
5 year and it will become the most progressive region in the country”, the Minister
said.
Daughters of the state marrying outside the
state lose their rights to property. It is so discriminatory to the women and
their children. SC and ST people have been discriminated against and have been
deprived of reservation to political offices. Despite knowing this a few people
have been perpetuating this article only for their political gains, the
Minister said.
Shri Shah assured the House that if the Union
Territory model works well, our government would also consider giving J&K
the status of state again. No constitutional amendment would be required.
J&K would become a true part of India in
letter and spirit once article 370 is removed. The path to solution to all the
problems of Kashmir goes through the repealing of article 370. This step would
stand strong and would pass the test of legal scrutiny. Article 370was a
temporary and transient provision, it had to go. It only required political
will, which only the present government had. “I give a heartfelt appeal to all
political parties to rise above political considerations to join hand with the
government to remove article 370. The country wants this united as one”, the
Minister concluded, after which all the resolutions and bills relating to
J&K were passed.
Shri Amit Shah also introduced the Jammu and Kashmir
(Reorganisation) Bill, 2019 making Jammu & Kashmir a Union territory with a
Legislative Assembly, along with Union Territory status to Ladakh without a
Legislative Assembly. Further, the Jammu &
Kashmir Reservation (2nd Amendment) Bill, 2019 to amend the Jammu
& Kashmir Reservation Act 2004 was also introduced. This bill seeks to
extend the 10% quota to economically weaker sections of society in J&K in
jobs and educational institutions. Both the bills were passed by Rajya Sabha
unanimously.
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