2nd term of the NDA government led by Prime Minister Narendra Modi is making all effort to redefine the earlier concept of India. After the upper house of the Parliament scrape Article 370 and 35 A, India today is different as it is a country with one law. Leaving aside other states of the country, top priority of the BJP is to end the issue of Jammu and Kashmir by abolishing the existence of a country within a country. It may be a good move as per their agenda but while making a new India sections of people now worried on whether the BJP led NDA government is acting crossing its limit by violating the constitution of India. Well that will be decided by the Constitutional bench of the Highest Court of the Country – the Supreme Court.
There are mix responses to the scrapping of the Article 370 and 35A, some appreciated it saying that such an action should have been done long time back, however, it pertinent to question to the legitimacy of the scrapping of the Article 370 as there is poviso in the said article which said that a consensus of the Jammu and Kashmir legislative assembly is mandatory for the scrapping of he said article.
This is being raised as the Jammu and Kashmir legislative assembly is under animated suspension and President rule has been imposed in the state. Now the state is rule by the governor, and governor is only an appointee of the Central government. The governor does not represent the people of Jammu and Kashmir but represent the Central government of India. The governor’s approval is amending or scrapping of the Article 370 is in violation of the Constitution of India.
Before taking up the issue for scrapping of the Article 370, people aross the country had witnessed the both the upper and lower house amended the UAPA (Act). The opposition strongly protested the amendment of the act to certain section which allow the NIA to conduct investigation to any of the state across the nation without taking prior permission from the state government authority. The amended act also empowered the NIA to announce any individual as terrorist without following the due process of law. Amidst oppositions the UAPA Amendment Bill had been passed as the BJP which led the NDA had absolute majority.
It is a matter that people need to ponder on why the UAPA which empowered the NIA to act at any states without taking permission and even declare any individual as terrorist be passed before scrapping the Article 370. Besides, passing of the scrapping of the Article 370, the Jammu and Kashmir has been bifurcated into two union territories and Ladakh has been made another Union Territories.
The controversy surrounding over the scrapping of the Article 373 and the bifurcation of the J7K state into two UTs and creating of Ladakh is left for further debate and discussion to the Constitutional bench of the SC.
But the this recent changes will have much impact to the demand of the NSCN-IM. The idea of having separate flag for Nagalim and special status to them will be a dream. And what is more worrying is that there is a possibility that at least one demand of the NSCN-IM for formation of a Nagalim state by bifurcation of Manipur is possible. Anything is being done if it will not impact the National integration of India is the long pending dream of BJP led NDA government.
On the other hand it is also a risk for the NE states which have certain provision in the constitution of India under Article 371 A, B, C, D, E, etc. which is similar to that of Special status provided to the state of Jammu and Kashmir may have been scrapped. The existing inner line permit system in certain North East state of India may be lifted any time to make India a one nation of one community abolishing the idea of federalism. If that happened then the demand for Inner Line Permit System in the state of Manipur will have to end by itself. The Manipur Peoples’ Bill will be thrown to the dustbin as it is also a similar legislation that the Jammu and Kashmir Government had implied under the under the Article 370.
Well, the citizen of India today is left with no choice but to wait and watch to see if the BJP led NDA can redefine INDIA.