J K News Today Commentary
A leadership that seeks to lead by playing on real or imaginary fears needs a lot of self-introspection . That is incredibly low on leadership . This is what is happening in Jammu and Kashmir right now. It is particularly true with regard to the Kashmiri separatist leadership . It has played up so much on the fears of the people in the Valley on the Article 35 A of the Indian constitution , now they are struggling to find out the next step for themselves.
The fact is clear : the Article 35A that confers special rights on the hereditary permanent residents of Jammu and Kashmir like their exclusive access to their land that can neither be purchased or owned by anyone else from the other parts of the country was under a challenge in the Supreme Court . The challenge has been mounted by an NGO , “ We, the Citizens.”
The challengers have resented that the countrymen also do not have the right to get government jobs and scholarships in the State .
This is the legal position that has been in practice even since the Article 35 A was incorporated into the Indian Constitution on May 14, 1954 and extended to Jammu and Kashmir for the permanent residents of the State.
Kashmiri separatist leadership, particularly, the separatists stoked the fears as if the Article that protects the exclusive rights of the permanent rights of the State will be struck down instantly .
This doesn’t happen in India where all procedures are followed before the verdict is delivered . The legal challenge to the constitutional provisions is decided by threadbare debates in the Court Room, not influenced by the respective constituencies of the challengers and those contesting them.
This is obligatory on the judiciary because of the Constitution of India. The Judiciary has its own role of effecting checks and balances . It has the history of taking clear-eyed decision to meet the scales of justice .. This is the history . It was in keeping with the history and the task before the Supreme Court that the Chief Justice of India Dipak Misra said that whether the matter should be referred to the Constitution bank will be decided by a three-judge bench should have cleared all the doubts .
It is time for the separatists to trust the Indian institutions that have the sole power to address the concerns that they have magnified to play their politics of fear. Stoking fear is not a replacement for educating the masses.
