By Daya Sagar
Peoples’ Democratic Party (PDP’s) self rule doctrine involves Constitutional restructuring that ensures sharing of sovereignty without comprising political sovereignty of either nation state (para-3-iii Executive Summary -New Political super structure). Similarly Para -4 -New political superstructure – of the PDP’s Jammu& Kashmir Self Rule Framework for Resolution 2008 says, “The centerpiece of the governance structure under self-rule is the cross border institution of Regional Council of Greater Jammu and Kashmir ( RC or GJAK). The Regional Council of Greater Jammu and Kashmir will replace the existing Upper House of State Assembly, and will be a kind of a regional senate. Members of the Regional Council will be from J&K as well as from Pakistan administered Kashmir. At present the state assembly of J&K holds 20* seats for representatives from across the Line of Control. These will be given up and replaced by the same number of seats in the Regional Council of Greater Jammu and Kashmir. This will serve as a major cross-border institution, which will ensure long-term coordination of matters and interest relating to the state.
In clause – 54 (Chapter II The Contours of Resolution) it says in ‘our ‘ opinion the most practicable and least complicate way out is that ” The elected representatives of each part (J&K and Pak) of the State would then hold negotiations with their respective country for a resolution framework within the given parameters. *(in 1957 it was 25 and now number is 24 and not 20 ).
In Clause- 132 of Self Rule document says that,” once this formulation of Self-Rule is accepted in and by India, it can be discussed with Pakistan for seeking a similar dispensation for the people living in Pakistan” Administered Kashmir and Northern Areas.
Similarly Self Rule document professes in Executive Summary that (i) Para-1 (Executive summary) J&K issue cannot be resolved on the basis of exclusively intra-state level initiatives. It requires a combination of intra-state measures with inter-state and supra-state measures and that will require devising an improved constitutional, political and economic relationship between the two parts of the State and their respective main land ( India & Pakistan);(ii) Para -8 ( Executive summary) says Stage II would be to make GJAK a regional free trade area, with no tariffs or barriers between with GJAK, while maintaining their own external tariff on imports from the rest of the world, including India and Pakistan. GJAK will set a common external tariff on imports from India and Pakistan;(iii)Para -9 ( Executive summary) : Further, instead of looking for a monetary union, a new system of “Dual Currency” will be created, where the Indian and Pakistani rupees are both made legitimate legal tenders in the geographical areas of GJAK;(iv)Para – 11( Executive summary) says it needs to be understood that GJAK is being proposed as a regional organisation to facilitate political cooperation as well as promote cooperation between India and Pakistan, and regaining Kashmir’s place at the heart of Central Asia(v) Para – 15- Executive summary says that it is a part of the design of self-rule that Head of the State (see para -13 Executive summary) be elected from the regions of Jammu and Kashmir by rotation.
The Self Rule Doc is still unchanged even in Jan 2018.As said earlier Haseeb Ahmed Drabu, a senior PDP leader was reported on 10 July 2014 for having said to a Srinagar-based newspaper that ‘Autonomy is from the Government of India. Self-rule is from the Nation State of India’…
Government of India must on first priority examine whether such like contents are within the frame work of Constitution of India since Mehbooba Mufti has said in the legislature on 02-02-2018 (“meine kyee baar batane ki koshish ki, self rule koyi outside Indian Constitution nahin hai, kahinbhi hamare mulk ki constitution se compromise nahin hoti, sovreignity compromise nahin hoti ,… aur hamein kushnahin kar na hoga, kahinbhi coma-fullstop-koyi bhi change karne ki jaroorat nahin padaegij ahaantakke Jammu Kashmir ki empowerment ki baat hai ya Jammu Kashmir ke self-rule ki baat hum karte hai! Where in clause -115 the PDP’s document says for “Constitutional Restructuring: Finally, for self-rule to function effectively, there has to be a degree of restructuring the Constitutional relationship of the State with the Union. Based on normative test of harmful effect on the people of the State, the following constitutional restructuring should take place:…”
To be Continued
(Daya Sagar is a Sr journalist and a social activist can be reached at firstname.lastname@example.org).
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