BJP’s bold and firebrand leader Subramanian Swamy has made rather stunning claim regarding Article 370. He said that Article 370 can be abrogated without the Parliamentary consent. Subramanian Swamy further added that it just needs a presidential notification and a cabinet resolution. He also said that he has sent a note to PMO along with photocopies of the Constituent Assembly debates and his legal arguments on why article 370 can be deleted without Parliamentary consent, and by a Presidential notification.
Anyone who says Art 370 abolition needs Parliament approval is either ignorant of the Constitution or an illiterate. It just needs a Presidential Notification of a Cabinet Resolution
— Subramanian Swamy (@Swamy39) June 20, 2018
I have sent a Note to PMO along with photocopies of the Constituent Assembly Debates and my legal arguments on why Art 370 can be deleted without Parliament concurrence, and by a Presidential Notification. I want it timed for mid September
— Subramanian Swamy (@Swamy39) June 20, 2018
On a cursory glance, it looks a bizarre claim. But then again, it’s quite possible we have been taught distorted things about article 370 and Jammu and Kashmir. One such distortion is that Article 370 gives permanent special status to Jammu and Kashmir whereas the truth is that Article 370 was just a temporary provision but anti-India forces and some people with their own vested interest made it look like as if it is a permanent feature. Political parties and separatists of Jammu and Kashmir, particularly of Kashmir, have been using the article 370 to woo the masses in their favour to play their vote bank politics and to build emotional barriers between the people of Kashmir and the rest of India. It is very possible that some loopholes have been kept away from the eyes of the public and the stoic silence maintained on Swamy’s claim further cements this fact. No one dared to refute the claims made by Swamy. Everyone knows that Swamy is not a type of man who makes castles in the air whatever he says it always with factual backing and provides solid evidence for his claims. He has taken down many powerful people of the country, taken some of the toughest challenges, and has always came out with flying colors.
The Governor’s rule in Jammu and Kashmir has offered an excellent opportunity like never before to the BJP to clean up the mess created in the Valley by separatists and years’ of silence of Delhi with respect to the issue of Article 370. Those who claim that the article gives special status to Jammu and Kashmir have done nothing special for the people of J&K. Article 370 gives a license for them to carry out rampant corruption in the valley. Time and again article 370 has been used to mock the unity and integrity of India. The important question here is that will the BJP show the political willingness and take risk to do what Swamy is asking them to do. If they really believe on the slogan ‘Kashmir se Kanyakumari apna desh apni maati’ then it should go ahead with Swamy’s plan. Positives of the plan outweigh the negatives manifold. Conditions are much more favourable to abrogate the article 370 than ever before. Article 35 A is already under judicial scrutiny and a favorable decision is expected soon. Removing article 370 was in the BJP’s political manifesto as well. BJP’s ideal Shyama Prasad Mukherjee was against the incorporation of article 370 in the constitution. Opposing the article, Mukherjee once said “Ek desh mein do Vidhan, do Pradhan aur Do Nishan nahi chalenge” (A single country can’t have two constitutions, two prime ministers, and two national emblems).
