JKPM Vice President Political Affairs and Supreme Court Advocate Syed Iqbal Tahir has reiterated that Article 370 of the Constitution is a covenant between Union of India and the state of J&K which cannot be abrogated, repealed or even amended.
Reacting to the statement of Union Minister for SocialJustice and Empowerment Thaawarchand Gehlot, Iqbal Tahir said that Article 370and 35A are untouchable because the mechanism provided under Clause (3) Article370 is no more available and also because the Constituent Assembly is presumedto have taken informed decision, not to recommend modification or change in theArticle and to allow it to remain in the same form even after Constitution ofthe state came into force on January 26, 1957.
In this regard Iqbal Tahir referred to the 2015 judgment ofHigh Court of J&K where by the court held that “Article 370 of theConstitution embodies conceptual framework of relationship between Union ofIndia and state and lays down broad features of special status granted to thestate. “Jammu and Kashmir acceded to India under very unique circumstancesand the State of Jammu and Kashmir while acceding to dominion of India,retained limited sovereignty and did not merge with dominion of India, likeother Princely States that signed Instrument of Accession with Dominion ofIndia.
Iqbal Tahir said that since the Constituent Assembly ofJ&K — which was dissolved in January 1957 — did not recommend that Article370 would cease to be operative, the Article “is a permanent provision of theConstitution”.
While reiterating the party’s stand, Iqbal Tahir stated thatthe existing constitutional provisions with respect to the special status ofJ&K State under the Constitution of India, primarily the Article 370 andthe Article 35A, have to be upheld and protected for sustaining the space forpeaceful dialogue and resolution.