Loose talk about J&K’s special status will increase distrust

The Centre’s move to re-open the debate on Article 35A is unwise

The government’s reply last month to the Supreme Court, saying that the questions raised in a petition challenging Article 35A require a “larger debate”, has predictably stirred a hornet's nest in Kashmir. The Article was added by a 1954 presidential order issued under Article 370, the constitutional provision that mediates the relationship between the Union of India and Kashmir on conditions agreed upon during the state’s 1947 accession. Article 35A empowers the state legislative assembly to specify permanent residents. As the political party that rules India, and is in the ruling coalition in J&K, the BJP must ask itself if the new legal pro-activism against Articles 35A or 370 is in the national interest, or will lead to more alienation in the Valley.

In the Valley, the government’s reply on 35A is being seen as paving the way for moves to do away with Article 370 that excludes J&K from most laws enacted by Parliament, except through presidential orders that have the concurrence of the J&K Legislative Assembly. All this has served to strengthen suspicions that the Centre is using the legal route to bring about the changes that it wants. Chief Minister Mufti's grim warning that there will be none left in Kashmir to shoulder the tricolour if 35A is struck down should be heeded. As also the statement of National Conference leader Omar Abdullah that opening up 35A for debate is nothing less than questioning the accession itself.