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Monday, 5 August 2019

Does the Narendra Modi government have the power to remove Article 370 of the Constitution?

Does the Narendra Modi government have the power to remove Article 370 of the Constitution?

Jammu and Kashmir BJP president Ravinder Raina Sunday said his party is for early abrogation of Articles 370 and 35A of the Constitution.

He also exhorted confidence that the BJP will form the next government in the state on its own.

Raina said his party will work for defreezing of the eight assembly seats reserved for refugees from Pakistan-occupied Kashmir (PoK) and revoking of the cumbersome M-Form exercise for Kashmiri migrant pandits before the next assembly polls.

"Article 370, a temporary transititional provision, is the biggest injustice with the people of Jammu and Kashmir, while the Article 35A is a constitutional blunder which was included through back door without the consent of Parliament and the president...We wish the early abrogation of both these constitutional provisions," Raina told reporters here.

Article 370 grants special status to Jammu and Kashmir and limits Parliament's power to make laws concerning the state. Article 35A empowers the state assembly to define 'permanent residents' for bestowing special rights and privileges on them.

On Friday, National Conference president Farooq Abdullah had said Prime Minister Narendra Modi cannot remove Article 35A and Article 370 of the Constitution.

"Let him be as powerful as he (Modi) likes, he cannot remove Article 370 and Article 35A (from the state of Jammu and Kashmir)," Abdullah had said, adding "our right of Article 370 and Article 35-A should be protected. This is very important for us. We are soldiers of this country, not enemies".

Accusing Kashmir-based politicians of "misleading" the people of the state on these articles, Raina said Article 370 is a "wall of hatred" and the main reason for the prevailing situation in the Jammu and Kashmir.

"Both the provisions have to go. Article 35A is discriminatory in nature as Omar Abdullah (former chief minister) if marries outside the state, his wife is entitled to various rights under these articles but when her sister Sara married Sachin pilot, she lost all her rights over property in the state," he said.

When his attention was drawn towards the BJP dominating only in 28 assembly seats in the just concluded parliamentary elections and the possibility of coalition with any other party, he said, "I am hopeful that the BJP will get the clear mandate like Prime Minister Narendra Modi who returned to power with a landslide victory."

Does the Narendra Modi government have the power to remove Article 370 of the Const

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