Senior BJP leader and the Union Home Minister Rajnath Singh said there is a need to ascertain whether Article 370 and Article 35A have benefited or adversely affected the state of Jammu and Kashmir (J&K). Singh’ remark came at a crucial time, when the last leg of parliamentary election is going to be held and the results will be announced on May 23. BJP has already cleared its stand on abrogation of Article 370 and Article 35A in its manifesto and the party’s President Amit Shah has also repeatedly spoken about scrapping these provisions during the Lok Sabha poll campaign.

 

 

 

 

 

In response to the question, during an interview to PTI recently, on abrogation of Article 370 of the Constitution, Singh said it is challenging. He said, “Kashmir ek chunauti hai lekin uska hal jaldi niklega (Kashmir is a challenge but it will be resolved soon),” said Singh, who was the chairman of the BJP manifesto committee. When pointedly asked whether abrogation of Article 370 and 35A was a solution, Singh said, “muje yeh lagta hai ki sameksha kee jani chahiye ki dhara 370 ya 35-A ke karan Kashmir ko laab hua hai ya haani (I feel that a review should be done whether Article 370 or 35-A has benefited Kashmir or damaged it).”

 

 

 

 

 

 

Another senior BJP leader and Union Minister Nitin Gadkari has already stated that the BJP is committed to abrogating Article 370. He even went on to state during a TV interview that, “because of the sensitive situation, it’s not appropriate to implement that (abrogation of Article 370)”. He added, “as far as the party’s philosophy, policy, and approach to the issue is concerned, we are firm on it”.

 

 

 

 

 

 

Article 370 is the 'Temporary Provision' in relation to Jammu and Kashmir. On the other hand, Article 35A was clandestinely added to the Constitution of India through a Presidential order, though such overriding power was available with the President, and without getting it discussed and approved from the Parliament of India. Hence, Article 35A is unconstitutional. It is also a source of discrimination even with the resident of J&K, in clear violation of the Fundamental Rights and the basic structure of the Constitution.

 

 

 

While indicating that the decision on holding J&K state assembly election would be announced soon after the completion of the Lok Sabha polls, the Home Minister said it is the prerogative of the Election Commission. He said, “The need for security forces for assembly elections is huge and there was a need for deployment in other states as well for Lok Sabha polls. Now that the parliamentary polls are nearing end, the Election Commission can decide on the dates.”

 

 

 

The state of Jammu and Kashmir is placed under Governor’s rule since June 19, 2018, when BJP withdrew its support to PDP. The state came under President’s rule, after the completion of six months of Governor’s rule, on December 19, 2018, for a period of six months. The current spell of President’s rule will require to be extended on May 19 and the same must be ratified by the Parliament once the new Lok Sabha is constituted