On 17th July 2015 a landmark judgment was given by the Jammu and
Kashmir High Court by a division bench of 2 judges. The judges in a 76 page
judgment observed that central laws could not be made applicable to the state
of Jammu and Kashmir without the consent of the J and K assembly
and legislature. The court observed that the final authority which could govern
the state was the J an dK assembly and the government and the law to be
followed was the one enacted by the Maharajah of Kashmir as per the 1939
constitution.
The High Court made a significant statement that Kashmir was a
sovereign state with a separate constitution and flag. This is a far reaching judgment
and is based on earlier judgments of the Supreme Court.
In real terms this violates the principle of India as a single
entity and throws open the status of Kashmir. All these problems would have
been solved in case Nehru and the Congress party had no enacted the Article 370
and made it a part of the Indian constitution.
One cannot forget that the problem of the Chakma hill tribes in
Bangladesh was solved to a great extent with the settlement of Bengali Muslims
in the Hill tracts of Chittagong, where the Chakama’s reside. In contrast we in
India are committed to maintain the demographic profile of the state with
Kashmir being out of bounds to Indians from other states. Thus a Frankenstein
has been nurtured and the Indian state is paying dearly for its mistakes. God
save India
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