Local bodies polls: Why NC’s decision of not participating is the right one!
The National Conference is not participating in the urban local bodies and the panchayat elections are based on a principled philosophy. Being the premier political party of Jammu and Kashmir, representing all regions of the state, and being the vehicle of political articulation of the people’s voice, we chose to echo their sentiment and after reviewing the conditions — political and security — we decided not to contest the polls. To give context to the prevailing conditions in Jammu and Kashmir, soon after the People’s Democratic Party(PDP) allied with the BJP and formed the government, the state gradually slid into near anarchy.
The proverbial straw that broke the camel’s back is the BJP’s insistence on abrogating Article 35A, which is the backbone of Jammu and Kashmir’s accession to the Indian Union. The Article 35A is a constitutional guarantee to the people of Jammu, Kashmir and Ladakh for preserving their distinct identity and dignity, irrespective of religion or caste. The state enjoys a special position because of Article 35A within the Union, so besides re-engineering the demography of the state, the abrogation of Article 35A would rob J&K’s youth of jobs, scholarships and avenues of growth and prosperity. This would be a sacrilege that the National Conference would not only not accept but also resist.
NEED TO PROTECT ARTICLE 35A
When the J&K’s Standing Counsel sought adjournment on petitions challenging the validity of Article 35A of the Constitution on account of the ongoing preparations for the panchayat and municipal elections in the state and subsequently when the additional solicitor general Tushar Mehta agreed to the contention that Article 35A and certain aspects needed to be debated upon and said “it can’t be denied that there is an aspect of gender discrimination in it (Article 35A)”. Such a statement, made on behalf of Jammu & Kashmir government indicated that instead of defending Article 35A and asking for the challenge to be dismissed based upon earlier constitution bench judgment, the state government had virtually conceded that some parts of Article 35A deserve to be struck down. If the state government does not defend the interests of the people of the state and instead asks for deferment of the hearing of Article 35A on the pretext of urban local bodies election, it only reflects the nonseriousness and its mala fide intent. Therefore, we chose not to participate in the urban local bodies and panchayat elections, for we believe that these elections would only mean going through the motions of democracy in the state. Democracy is not only about elections but it is also about substantive participation, which, under the prevailing conditions in the state, would not have been much with people’s alienation at its peak.
NO POLITICS OF OPPORTUNISM
We believe in the fundamentals and principles of democracy and not in the politics of opportunism. And, we also believe that while acquisition of state power, for enhancing the welfare of people, representing them and giving voice to them via the medium of the state is important but is not a sufficient goal. As a party, that has been at the forefront of the state’s politics, we owe a certain responsibility to the people of the state. The most important of these are protecting, maintaining the state’s special status and resisting any effort to encroach upon it. The conditions in Kashmir suggested to us that the present time was one where we had to take a stand and echo peoples’ sentiment. If we would have opted for contesting the urban local bodies elections, it would have meant a politics of opportunism for power. Hence, we opted out, despite the fact that our party is steadily gaining ground in the state. But, this is not all. Not taking part in these elections is also meant to send a message to the Centre. We want to make it clear that for any encroachment on Jammu and Kashmir’s special status, there is a price to pay, within the boundaries and framework of the Constitution. It is our choice and prerogative to decide whether or not to contest these elections. We made a principled decision and decided not to.
POLITICS CANNOT BE REDUCED TO ELECTIONS
Furthermore, we also want to make it clear that politics of Jammu and Kashmir cannot be reduced to elections. The state’s politics warrant a more substantive approach than only elections. There is a conflict here and it must be resolved, of course, within the framework of possibility. We are a party that aspires to reflect and articulate the people’s aspirations and protect their interests. We have never asked to boycott elections nor are we running any ‘election boycott campaign’. The Government of India and the state government did not clear their position on Article 35A and did not take effective steps for its protection in and outside the courts. We made our decision not to contest, which reaffirms the NC’s commitment to protecting the state’s interest and identity, but yes, if anyone wants to contest, they are free to do so.
STATEMENT FROM ADDITIONAL SOLICITOR GENERAL REFLECTED THAT SOME PARTS OF ARTICLE 35A DESERVE TO BE STRUCK DOWN