Even after Abolishing Article 370, the J&K Constitution will not be abolished. By Hem Raj Jain
05 Apr 2019
Status of India nothing more than Care-taker of J&K and Election Commission for united-J&K (ii)- Abolishing Article 370 will not abolish J&K Constitution
In view of the statement by BJP President Amit Shat that (Article 370 of the Constitution will be abolished in 2020 when BJP will have requisite majority in both the houses of Parliament) the leaders from J&K have threatened that it will be end of accession of J&K to India ( as reported at https://economictimes.indiatimes.com/news/elections/lok-sabha/india/end-to-accession-with-india-if-special-status-is-removed-mehbooba-mufti/articleshow/68714487.cms and https://www.indiatoday.in/elections/lok-sabha-2019/story/kashmir-will-turn-into-palestine-if-article-370-is-abolished-says-mehbooba-mufti-1493939-2019-04-04 etc) and media in rest of India is making lot of noise about this so-called renewed threat to the territorial integrity of India.
But this is nothing more than a storm in tea-cup because even if Article 370 is abolished the Constitution of J&K cannot be abolished because it derives legitimacy, legality and power not merely from the Constitution of India (Article 370) but also rather mainly from the ‘Instrument of Accession’ (IoA) as mentioned in itself, the Article 370 (1) (b) (i) and Provision of (d). In a nutshell if Hindu India is thinking that by abolishing Article 370 (and its corollary 35-A etc) Hindus will be able to transform the demography of Muslim Kashmir in the favor of Hindus then they are horribly wrong, constitutionally & legally. Because abolishing Article 370 will not abolish J&K Constitution and its Part III about ‘Permanent Residents’.
This confusion in the mind of Hindu majority India is due to the fact that India does not understand that as per IoA the status of India is nothing more than (i)- Care taker of J&K (ii)- Election Commission for united J&K [with only difference that unlike ECI which uses only police and para-military forces for conducting elections in India, the Union of India may rather will have to use also the Indian military for retrieving PoJK and to carry-out plebiscite in united-J&K after restoring status-quo-ante in united-J&K (including by rehabilitation of Kashmiri Pandits) as prevailed in August 1947 and for maintaining law and order too in United-J&K to facilitate this plebiscite].
Therefore, Hindu majority India (instead of day-dreaming about meaningless abolition of Article 370) should think of plebiscite as I mentioned in my online public interest writ petition of March, 25 to J&K High Court Srinagar
It is hoped that instead of raising the meaningless hullaballoo in J&K / India about Article 370 the people of India will endeavor to ensure plebiscite in united-J&K as mandated by ‘Instrument of Accession’ which is the only legally permissible (and leading to communal harmony between Hindus and Muslims) solution to chronic & gory Kashmir problem.