Articles 35A, 370 required to be scrapped: Santosh Hegde
Hyderabad: Retired Supreme Court judge N Santosh Hegde Tuesday said Articles 35A and 370, giving special status to Jammu and Kashmir, are required to be scrapped as they run counter to the rights of other states.
He said in 1948 when the Maharaja of Kashmir agreed to merge the state of Kashmir with India, certain assurances were given to the people by introducing Article 35A and Article 370 of the Constitution.
Though the wording of this looks like the assurance is "permanent", in the background in which it was given and the consequential things that have happened in the nation indicate it's not possible to continue these articles because if Kashmir is an integral part of India, it can't have a separate status compared to other states, Hegde said.
"So, in today's context both the articles are causing a lot of problems for the country as a whole", the former Solicitor General of India told PTI in an interview. "So, I don't think it's possible to continue that article".
He said "today's situation" requires those articles to be scrapped because certain autonomy given under that Act would run counter to the rights of other states and if Kashmir is an integral part of India, then it must have only an equal status with others.
"I think 70 years have gone by...whatever was the purpose of those articles...according to me, it has served that purpose.
Therefore, now it can't be said that Kashmir is not an integral part of India. Therefore, these two articles do not have any place in the constitution anymore", the former Karnataka Lokayukta said.
Article 370 grants special status to J&K and 35A prohibits outsiders from purchasing land and property in that state.
The BJP has in its election manifesto promised to repeal the articles if it retains power after the Lok Sabha polls.
Meanwhile, referring to campaigning by political parties for the ongoing Lok Sabha elections, Hegde, a former Advocate General of Karnataka, said "We have come to the lowest possible standards in our electioneering now".
Hegde mentioned in particular controversial comments made by Union Minister Maneka Gandhi regarding "minorities' votes" and Samajwadi Party leader Azam Khan on his BJP opponent and film actor Jaya Prada.
"Politics is in the lowest ebb possible today. I think unless there is a change in the thinking and moral standard of these politicians go up, I think we are in big trouble in the days to come", he said.
Irrespective of political parties, some of their members have gone to such a level that they don't deserve to be in politics, he said.
"And this is not the political campaign India would have expected from its leaders. It's a very cheap and low level of campaigning, without any moral standards", he said.
"Unfortunately, it's not confined to only one political party. Every day standard is coming so low, it's a very sad thing that in a country of values like India, that we have to suffer this", Hegde said.
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Post poll TN alliances divided in supporting TVK
Chennai (PTI): In a changed political atmosphere in Tamil Nadu with no single political party having a simple majority to form the government post the Assembly election, opinion is divided among the allies led by the Dravidian majors in extending external support to Vijay-led TVK in government formation.
Both the DMK and AIADMK are at unease as the Congress and also a section in the AIADMK express willingness to extend external support to Vijay-led Tamilaga Vettri Kazhagtam in forming the government.
Post poll, the TVK's political prospects appear to impact alliances led by both the Dravidian majors in a different manner, triggering a speculation of a split.
Leema Rose Martin, who won from Lalgudi on an AIADMK ticket, has stated that talks were underway on extending support to the TVK. Her son-in-law Aadhav Arjuna, who won from Villivakkam is TVK's general secretary.
On May 5, former AIADMK minister O S Manian, emerging from his meeting with party general secretary Edappadi K Palaniswami, stated that AIADMK would not support TVK in forming the government.
The AIADMK, which finished third in the elections with 47 seats has cancelled its meeting of MLAs designate on Wednesday amidst a difference in extending external support to the TVK, which won 108 seats, including two seats by its founder Vijay.
As Vijay is gearing up for his swearing-in on May 7, the police have tightened security at his residence here. The party has lodged its MLA-elect at a resort in Mamallapuram and has simultaneously engaged in talks with the Congress and AIADMK, a source said.
The DMK that won 59 seats on its own, has convened a meeting of its newly elected legislators on May 7 evening and the party is likely to elect the youth wing secretary Udhayanidhi Stalin, who won from Chepauk-Thiruvallikeni as its legislature party leader.
Congress general secretary K C Venugopal admitted that TVK chief Vijay requested the Congress for support to form the government.
"The INC is clear that the mandate in Tamil Nadu is for a secular government, committed to protecting the Constitution in letter and spirit. The INC is determined not to allow the BJP and its proxies to run the government of Tamil Nadu in any manner. Thiru Vijay has also spoken about drawing inspiration from Perunthalaivar Kamaraj," he said.
Accordingly, the Congress leadership has directed the TNCC to take a final decision on Vijay’s request, keeping in view the sentiments of the state as reflected in the electoral verdict, Venugopal said in a statement.
DMK spokesperson Saravanan Annadurai slammed the Congress decision and said the move to ally with TVK, pledging the support of its five MLAs to the party, was tantamount to "backstabbing the DMK and the people of Tamil Nadu."
"They have betrayed the mandate given by the people. Even before the ink on the returning officer’s signature on the victory certificate has dried, they have chosen to go ahead with this alliance," he told PTI.
The most important question was who took this "foolhardy decision, and how is it going to backfire on the Congress?" he asked.
"I don’t think they had any serious deliberation on this. The larger issue is their opposition to the BJP, which is their ideological enemy. We have supported the Congress throughout. It was our leader M K Stalin, who named Rahul Gandhi as the prime ministerial candidate when the BJP and RSS were criticising him. And now, within a day, they say they are supporting TVK. This is not the mandate of the people of Tamil Nadu,” Saravanan said.
The Congress' exit from its long-standing alliance with the DMK will be a significant moment in the political scenario of the state, commentator and political analyst Sumanth Raman said.
The Congress may be betting on the TVK as a long-term partner option, but that comes with risks, as the TVK is as yet an unknown quantity, he said.
"For the DMK, if the TVK+Congress becomes the choice of the minorities as it well could, it is an existential threat. It was the minority vote that gave the DMK alliance a 12%-15% cushion in the polls. If that goes, their chances of winning drops dramatically," Raman said on 'X.'
The Congress won 5 seats. However, DMK's other allies, the IUML, VCK, CPI and CPI (M) and DMDK have categorically stated that they would not support TVK.
As of now, the TVK requires the support of 11 MLAs to attain a simple majority of 118 to form the government.
The PMK, which won 4 seats and AMMK one - both allies of AIADMK - have not announced their decision yet.
"AIADMK’s real post-result drama may not be outside the party, but inside it. Whispers from the west and north suggest that a Coimbatore hand and a Villupuram voice may soon ask the question everyone is avoiding: Is it time to save the party from the leadership, before the cadre are forced to do it themselves? In politics, coups don’t begin with slogans. They begin with silence, phone calls and “review meetings,” Aspire Swaminathan, who is credited with founding the AIADMK IT wing in 2014, said on 'X.'
He has resigned from the AIADMK in 2021 and now acts an as independent political analyst.
