Srinagar: As uncertainty looms over the fate of Article 35A of the Indian constitution, deepening apprehensions in Kashmir, National Conference chief Farooq Abdullah on Saturday threatened to withdraw from the upcoming 2019 general elections and state polls if the Centre fails to give an assurance on protecting the constitutional provision that defines privileges enjoyed exclusively by state subjects.In the same breath, Abdullah, former J&K chief minister and now a member of parliament from Srinagar, hit out at national security advisor Ajit Doval over his recent remarks that the J&K constitution was an “aberration”, saying that if he considers the state’s special position “wrong then J&K’s accession to India was wrong as well.”Stating that J&K was today facing an assault to its identity on multiple fronts, Abdullah said the Union government’s “intentions are not good,” and unless the Centre dispels the apprehensions, his party would stay away from any electoral exercise.‘If J&K constitution is aberration, then accession is wrong too’ “I want to tell Doval sahib and the government of India that if they consider the constitution of J&K, Article 35A and Article 370 wrong, then the very accession of J&K to the Union of India is wrong,” said Abdullah at a function in summer capital Srinagar.Doval had made his remarks at the launch of a book on Vallabhbhai Patel on September 4 in New Delhi. The NC chief reminded the NSA that J&K was the only state that didn’t merge with the Union of India and instead acceded to the country.That is why, he said, there were provisions incorporated in the constitution of India, including Article 370 and 35A, to protect the rights of state subjects of J&K.“There was a reason to it. We were going to become part of a country with a Hindu majority and to protect our land, our jobs and our resources from outsiders, we have a separate constitution and a separate flag,” Abdullah said.The NC chief further said it was the maharaja who acceded to India in 1947 under “certain conditions”. Those raising questions over the constitution of J&K and its unique position should go through the accession and the constitution of India to understand the well-defined laws which protect the rights of state subjects, he added.‘Will boycott parliamentary, state polls’ Toughening his stand on Article 35A, Abdullah threatened to withdraw from the 2019 general elections and state assembly elections if the Centre didn’t assure protection of these constitutional provision. Abdullah made the announcement bareley four days after his party decided to stay away from the upcoming panchayat and urban local bodies polls over Article 35A.“Not only these (civic body) elections, we will not contest the Lok Sabha and assembly elections as well if the government of India doesn’t clear its stand on Article 35A and the state’s special position,” Abdullah said.Article 35A, added to the Indian constitution in 1954 following the Delhi Agreement of 1952, empowers the J&K legislature to define permanent residents of the state who enjoy exclusive privileges like state subject law, right to property, right to employment and right to settlement, in J&K. If the Article is done away with, J&K citizens will lose exclusive rights over these privileges.We the Citizens, a non-governmental organisation, has challenged the Article in the Supreme Court on the grounds that it was incorporated in the constitution of India without parliament’s approval.“How can these two things go simultaneously? They want us to contest elections and at the same time they won’t assure us of protecting the state’s identity?” Abdullah asked.The civic body polls, scheduled from October 1, were announced at a time when there is a lot of tension in the Kashmir valley over the fate of Article 35A. On the last date of hearing on August 31, the Supreme Court deferred the case to January 2018 on the request of the state as well as the Central governments in view of the upcoming civic body polls.During the hearing, additional solicitor general of India Tushar Mehta, who was representing J&K, had reportedly agreed to the contention that Article 35A and certain aspects needed to be debated. “It can’t be denied that there is an aspect of gender discrimination in it (Article 35A),” he was quoted as saying in media reports.Also read: Time to Clear Up the Fallacies Around Kashmir’s Article 35A“The lawyer who is supposed to defend Article 35A tells the court that it is debatable. This shows their intentions are not good. Their aim is to strike down Article 35A,” said Abdullah, adding that on one hand the government of India claims J&K was the crown of the country and on the other they want to “trample this crown beneath their feet.”“We are not running away from polls, but do justice with us first. Let them (Centre) first make their stand clear before the country. Let them assure us first. We are then ready to walk with them,” said Abdullah.‘Situation grim, poll decision taken in hurry’Since June 19 this year, the state is under governor’s rule after the Bharatiya Janata Party pulled out of its coalition with the Peoples Democratic Party, bringing down the Mehbooba Mufti-led government. On August 31, the administration, led by governor Satya Pal Malik, approved conducting four-phased municipal polls from October 1 to October 15 and 8-phased panchayat polls from November 8 to December 4.NC chief Abdullah on Saturday questioned the decision, saying the situation in Kashmir “continues to be grim” and that the governor should have first called an all-party meeting to build consensus. “But they didn’t do that. Instead, Prime Minister Narendra Modi, like Hitler, made an announcement about panchayat polls from the Red Fort,” said Abdullah. “They should have first assessed the ground situation and then taken a decision.”Mudasir Ahmad is a Srinagar-based reporter.
