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HomeOpinionNo debate, no discussion, no dissent, and the Constitution is changed

No debate, no discussion, no dissent, and the Constitution is changed

The Modi government’s unilateral and arbitrary decision to change the constitutional status of Jammu & Kashmir is anything but democratic.

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Do you think the Narendra Modi government could extend Parliament by another few days to make Mumbai a separate state out of Maharashtra? Or carve Darjeeling out of West Bengal? Or suddenly, make Tamil Nadu a Union Territory? Do you think the government could put all politicians in Odisha under house arrest, cut all communication channels, impose a military lockdown, and suddenly declare it’s a Union Territory?

It was a midnight coup at 11 am. The ensuing darkness is ominous. This could just be the beginning of a long night for the democracy in India. The Modi government will just decide to do whatever it likes to the Constitution, to laws and regions and territories, and people’s lives. And, it will get away with it.

Home Minister Amit Shah declared Monday morning that Article 370 of the Indian Constitution is dead. Article 35A also goes. Ladakh is now a Union Territory without a legislature. The other two regions of the state, Jammu and Kashmir, will now be a Union Territory with a legislature — a bit like Delhi or Puducherry. The new Jammu and Kashmir government will thus be weaker than, say, the government of Goa. They say it’s national integration.


Also read: Explained: This is what Modi govt has done to scrap Article 370, 35A in Jammu & Kashmir


The ‘stakeholders’ be damned

In the days and months to come, there will be a lot of discussion on the legality of this move. Challenges in the Supreme Court are inevitable. There will be a lot of politics and polarisation. India will be divided between those supporting and those opposing the move. But the most urgent issue is the manner in which this has been done, and the timing of it.

The BJP’s 2014 Lok Sabha election manifesto had said, “BJP reiterates its stand on the Article 370, and will discuss this with all stakeholders and remains committed to the abrogation of this article.” Re-iterating this promise in its 2019 manifesto, it removed the bit about holding discussion with the stakeholders.

The government notification says it is being issued in “concurrence with the government of Jammu & Kashmir.” That’s a joke, because the state has been under President’s rule. The assembly election there has been due for a while. The Election Commission did not hold it along with the Lok Sabha election for ‘security’ reasons. If they could put one EVM in the polling booth, why couldn’t they put two? Clearly, the Modi regime didn’t want an elected government in Jammu and Kashmir. It gets worse when you consider that governor Satyapal Malik has said on record that no constitutional change was on the cards, and if there was, he didn’t know.

Radical changes in a democracy must come through debate, discussion and dissent, which will lead to consensus. The Modi government should have tabled the bill at the beginning of the session, made it public that this is what it wants to do, listened to all voices, and then moved ahead with its plan – even if it didn’t agree with the naysayers.

Instead, the government decides to put former chief ministers under house arrest. These are the same Kashmiri politicians who stand up for India and take oath under the Indian Constitution. But the Modi government is changing the very idea of India, from unity in diversity to brute majoritarianism and authoritarianism.

In the 2014 Jammu and Kashmir election, the BJP had similarly put the abrogation of Article 370 in its manifesto. A BJP candidate in Srinagar, Hina Bhat, had then said: “If the Article is touched, it will force Kashmiris to pick up guns again. And you know I am a Kashmiri too.” When a PDP MP tears apart a copy of the Constitution of India in the Rajya Sabha, you know why consensus is a good word in democracy. It appears that we are no longer a democracy. Sanjay Gandhi would have approved.

If you are cheering this, do remember: you don’t know what the Modi government will change overnight and how it will affect you.


Also read: Security forces on full alert in Jammu and Kashmir, Army on standby


Curious timing

What is also curious is the timing of the move. Why could this not have been done before or after the Amarnath Yatra? The claim that the Amarnath Yatra was suspended because of a ‘terror threat’ now appears thin. It was obviously suspended as step one of a plan to put all of Kashmir Valley and parts of Jammu in a state of lockdown  no news, no phone, no internet, no right to assembly. Just stay at home, there’s no advance warning. In fact, the J&K governor and the Modi government were telling people not to panic. Those who took this advice seriously might now be worrying about stocking up on food. The curfews won’t go away soon.

The timing of the move is clearly to shift the headlines away from the economy. Kashmir, Kashmir, Kashmir will be what we will talk about for many weeks to come. The Modi government will not have to answer any tough questions about the economy anymore. Did demonetisation lead to the slowdown? Is the GST still a mess? What is the government doing to arrest the shutting down of car manufacturing units that’s leading to massive job losses? The answer to all your questions about the economy is Kashmir.

It’s not that simple. The economy will worsen. There is no light at the end of the tunnel. The Modi government will need more to deflect attention. What’s next? Ram Mandir? National Register of Citizens across India? Political dissenters declared terrorists under the amended UAPA law?

Be afraid, very afraid.

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90 COMMENTS

  1. Actually Article 35A and Article 370 are the historical blunders made by the then Nehru government. As these articles are responsible for the sluggish economic development of Jammu and Kashmir region ,a gap between people of India and people of Jammu and Kashmir, There was no more space for debate, discussion and dissent as these were always criticized by People of India (as this decision affects people of India) . Actually I regard this decision as people’s decision.

  2. It is not the outcome that matters solely but the process followed is equally important. While the decision was good but it was taken unequivocally, hurting the nation’s fundamentals, not strengthening them. This is against the spirit of democracy and the process, not the outcome, should be condemned.

  3. I hate even to write against this author. He has no sense and has never seen the world. Do you know what is happening in Hongkong? Do you know what is happening in the China occupied land? Do you have any idea what happened to all the money we spent on J&K since last 70years?

    Now I’ll never click on any link reaching to this site. This is my personal ban on reading this biased site.

    The very common ask in india.. ‘kithna deta hain?’ To write this.

  4. That’s a misleading, biased write-up. Shows your character that the country doesn’t matter to you as much as your one-sided, appeasing journalism does.

    Secondly, if you felt so responsible to pen such an article soon after this news, I wonder where you disappeared when the bloody division of Andhra and Telangana happened, much against the wishes of Andhra Pradesh LITERALLY!! You bigoted so-called experts who’ve been given ample scope to pen such articles cry foul that there’s no democracy. How is that your unilateral ranting is happily published for people to read if we didn’t have democracy!!

  5. This website should be banned and the author should be jailed and fined for spreading hatredism.
    Please don’t read this anti India bullshit and never read articles from this website.

  6. Can anybody in the world including pakistan oic or liberals write about what happening to the minorities in China nobody will because fear here in our country even to safe guard our own borders even to say some part of the country is integral part we need the approval of this so called liberals who will never dare to write anything when atrocities are created in that same part and 4 lac people were thrown out of there own country and live as refugees in there own country.

    Go even as tourist to this part you will realise you are fleeced with high arbitrary taxi rates and made to get a feeling you are just tolerated because of your money otherwise

  7. Please change name from The print to Print against Good
    Some always oppose like congress ,
    Your The Print is doing same job
    It seems its congress print media ………….

  8. How was article 35A imposed? A nd a370 was as it is temporary…and a few political parties. Used it for their own personal agendas..

  9. “The Modi government’s unilateral and arbitrary decision to change the constitutional status of Jammu & Kashmir is anything but democratic.”

    Is it ? Did Nehru consult everyone before bringing article 370 through a presidential order in 1952 ?
    If u didn’t cry then, then dont cry now.

  10. Hello ThePrint guys, I know I’m no good to do this but a suggestion anyways… If you wish to grow in journalism, disassociate yourselves from rotten eggs like this writer and gently, with all respect and honor, nudge their words in the dustbins near your desks.

  11. Wake up Mr. Shivam Vij!
    The world is going too fast for the likes of you. Stakeholders? Kashmir is an integral part of India & every patriotic Indian has a stake in it’s well being. Timing? Why the people of Kashmir & whole of India were left to suffer for 70 years? Whole generations have lost what should have been their rights. Pessimistic & procrastinative people never act, they just criticise, find faults, like you are doing & the leaders have been doing for 70 years. Selfish leaders avoided taking the risk, always afraid to lose at elections, people be damned.
    Thank God! You will never lead my Country.
    Please Post in advance: What would be your reaction, if India re-occupies POK?

  12. It was important to get rid of Article 370.
    The way it was done was very smart I would say, but definitely not constitutional. There was a better way to do it, keeping the respect for our constitution in mind.
    They should have called for a debate and passed it irrespective of the outcome of debate – which they could have done. House arresting Politicians is a sick move too, should be avoided – not very consitutional.

    And Ladakh should have been given UT with Legislation, it’s a big territory and consist alot of Eco zones that can be cashed in by govt by tourist commercialization, but this can be disaster to the region in the future. With Legislation the interest of the people will always protect the region.

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