BJP MP Subramanian Swamy slammed the opposition for its dissent against the proposal to revoke Article 370, that gives special status to Jammu and Kashmir, which was presented in the Parliament on Monday. The veteran leader went into the details of the Article to state that the President held the power to remove the Article, without the need for a Constitutional Amendment or Parliamentary decision. Swamy also said that the next step was the return of the territory in possession of Pakistan.
During his address in the Rajya Sabha on Monday, Swamy said that the Leader of the Opposition was not aware of the Constitution and pointed out incorrectly that Article 370 connects Jammu and Kashmir to India. He then read the text from the Constitution, “Article 1 says the Union and its territory, India, that is Bharat, shall be a Union of States, in Article 2, states have been specified in the First Schedule and if you look at the First Schedule, Jammu and Kashmir is clearly mentioned there, hence Article 1 has the feature that once it’s a part of the Union of India, and it cannot be separated.”
"Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall ceaseto be operative or shall be operative only partially,” he read Article 370 (3).
He explained the text, “In other words, there is no mention of Parliament, or of an Constitutional Amendment, it says that the President by a notification can remove Article 370, which is what is now being proposed.”
The leader added, “The Constituent Assembly of Jammu and Kashmir concluded its proceedings in 1956, and they recommended, the Preamble of the Jammu and Kashmir Constitution says Jammu and Kashmir shall be an inalienable part of India.”
Swamy explained further, “What it appears to me is that the Congress party leaders are totally ignorant and unaware of what the law actually says and what we are proceeding with ison the basis of law. And bringing a resolution was an additional recognition that it should be informed to the Parliament.”
The BJP leader then blamed the ruling parties in J&K for Article 370 being repeatedly violated, giving the example of the exodus of Kashmiri Pandits, “On the basis of this, I say that the Article 370 was overdue, and that its headline is that it is a temporary provision. Article 370, that protects people from outside to come into Jammu and Kashmir, died the day 500,000 Kashmiri Pandits and Sikhs were driven out, without a word in their favour or any attempt to return. It cannot be one-way direction, it has been violated repeatedly by the parties which were ruling before the President’s Rule.”
Swamy then continued, “What remains to be done is that the resolution is passed unanimously that the portions that remain in the name of Azad Kashmir in the possession of Pakistan, illegally occupied,will be taken back, this is the resolution of the house that was passed unanimously in the Civil House period.”
“We also need to withdraw the petition filed by Jawaharlal Nehru in the United Nations Security Council because it was done without the permission of the cabinet,” he further stated.
The leader also accused the dissenting parties of having a vested interest. Swamy cited the example of how elements were taking advantage of the Article, like how they did for the recent row over Kashmir ‘mediation’ in the meeting between USA President Donald Trump and Pakistan President Imran Khan.
He said, “Why are they objecting to the removal of a temporary provision, is there a vested interest in that? As long as 370 is there, other elements will take advantage of it, certain elements were encouraged by the fact Imran Khan met the President of United States and the President of United States mistakenly said he is willing to mediate. 370 is gone, there is nothing to mediate. Except for Mr Trump to tell Mr Imran Khan to return the land which they illegally took from India, the part of Azad Kashmir.”
He further asserted, “Return of the territory in the possession of Pakistan is the next agenda item for us, and I hope the decisiveness with which Mr Prime Minister and the Home Minister has taken this step, will take the next step also when we are ready, as per the resolution of the Parliament.”
(Watch the address above)