Ruling out a return to the pre-1953 position, the Cen-tre’s interlocutors on Jam-mu and Kashmir favoured setting up a constitutional committee to review all Central laws and articles of the Constitution of India extended to the state after the 1952 Delhi Agreement.
The 176-page report, made public on Thursday, stated that the proposed CC, to be headed by a distinguished jurist, will review whether any of the Central acts and articles “have dented J&K’s special status under Article 370 and abridged the state government’s powers to cater to the welfare of its people”.
The three-member team, comprising Dileep Padgaonkar, Radha Kumar and M.M. Ansari, however, remained silent on a political roadmap. The report maintained that the “search for a solution should not be made contingent on the India-Pakistan talks”. The report suggested lifting of the controversial AFSPA and controlled use of the Public Safety Act.
While stating that “no more Central laws and articles of the Constitution should be extended to the state by presidential order,” the report added that “Parliament will make no laws applicable to the state unless it relates to the country’s internal and external security and its vital economic interests”. It said that “for internal emergency, prior consultations with the state government is required”.
The Union home ministry maintained a safe distance with officials making it clear that the views expressed were of the interlocutors, “not the government”. BJP spokesman Ravishankar Prasad, responding to the suggestion to set up a constitutional committee, said: “The accession of J&K to India is complete and total. The BJP today will not accept any dilution of that premise.” Criticising the report, the BJP said a review of all post-1952 laws could be a “disastrous step”. An all-party meet is being considered to discuss the interlocutors’ recommendations.
While talking about the review of post-1952 Central laws, the report stated: “The group of interlocutors does not recommend a pure and simple return to the pre-1953 situation. The clock cannot be set back.” It called for a review to take into account the “cha-nges that have taken place in the last six decades”.
While the pre-1953 status restricted the Centre’s jurisdiction to defence, external affairs, communications and finance, the 1952 agreement between the Centre and Sheikh Abdullah permitted extension of all Central acts, articles of the Constitution of India, the Supreme Court and hoisting of the Indian tricolour along with the state flag.
Ruling out separate statehood for Jammu and UT status for Ladakh, the report recommended creation of three regional councils for Jammu, Kashmir and Ladakh. It also sought to encourage Pakistan and Pakistan-occupied Kashmir to enter into dialogue; for talks with the Hurriyat to be resumed, the lifting of the AFSPA and making the Line of Control irrelevant by allowing free movement of people and goods. It also proposed setting up of institutions of democratic governance in parts of J&K currently administered by Pakistan.