Author:
Publication: Kashmir
Sentinel
Date: July 1 - August
15, 2000
The following is the
Union Cabinet's response to the resolution adopted by the Jammu and Kashmiri
State Assembly on June 26, urging that the pre-153 constitutional position
in the State be restored:
The government is committed
to the promotion of federal harmony by ensuring a partnership of the Centre
and the States as laid down in the National Agenda for Governance of the
National Democratic Alliance.
The National Agenda for
Governance of the NDA states in no uncertain terms that "there is a clear
case for devolution of more financial and administrative powers and functions
to the states." It further says that "suitable steps will he taken to ensure
harmonious Centre-State relations in the light of the recommendations of
the Sarkaria Commission..." In the last two years, the government had taken
several steps in this direction.
The government reaffirms
its commitment to continuing its endeavour to evolve a broad consensus
on the implementation of steps for wide-ranging devolution of powers to
the State that leads to efficiency in administration, acceleration in development
and the fullest realisation of the creative potential of all sections of
our people. The setting up of a Commission to review the Constitution is
also a step in this direction.
In the above context,
the Cabinet finds the resolution passed by the Sate Assembly of Jammu and
Kashmir endorsing the report of the State Autonomy Committee unacceptable.
The Cabinet feels that the acceptance of this resolution would set the
clock back and reverse the natural process of harmonising the aspirations
of the people of Jammu and Kashmir with the integrity of the nation.
Most of the recommendations
contained in the report of the State Autonomy Committee seek to reverse
the application of constitutional provisions to the State of Jammu and
Kashmir which may not only adversely affect the interests of the people
of the State but would also tantamount to removal of some of the essential
safeguards enshrined in our Constitution. Besides, the issue of restoring
the constitutional situation in Jammu and Kashmir to its pre-1953 position
had been discussed in detail by Sheikh Mohammad Abdullah with Prime Minister
Indira Gandhi in 1974-75. It is noteworthy that the agreement signed after
these negotiations had affirmed that "provisions of the Constitution of
India already applied to the State of Jammu and Kashmiri without adaptation
or modification are unalterable".
The Cabinet urges the
people and the Government of Jammu and Kashmir to join hands in the endeavour
to address the real problems facing the State: to root out insurgency and
cross-border terrorism and to ensure accelerated development. The Centre
will continue to provide all possible assistance for attaining these objectives.
The cabinet, therefore,
decides not to accept the resolution passed by the Jammu and Kashmir Assembly
on she report of the State Autonomy Committee. The Government is of the
firm conviction that national integration and devolution of powers to States
must go together.
