Pakistan should be ready to reject integration of PoK with India, once it is done
Article 370 gave Jammu and Kashmir its own Constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended the special status of the state
Though it sounds funny, Pakistan’s caretaker government on Monday (Dec 11) had to react and so it “rejected “ the judgement announced by the Supreme Court of India on the status of Jammu and Kashmir.
Earlier in the day, India’s Supreme Court approved the Union government’s 2019 decision to abrogate Article 370, which stripped the erstwhile state of Jammu and Kashmir of its special status.
A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, Justices SK Kaul, Sanjeev Khanna, B R Gavai and Surya Kant delivered the verdict.
Article 370 of Constitution of India had temporarily given the State of Jammu and Kashmir its own Constitution and decision-making rights for all matters barring defence, communications and foreign affairs. The provision was of temporary nature and this was very clear right from the beginning. Now Its removal has ended the special status of the state and has full integrated it into the Union.
Contained within Article 370 was Article 35A, which allowed the erstwhile state to define who it acknowledged as permanent residents and gave special rights, such as government jobs and owning property.
However, as mentioned in the constitution, and pointed out by the court during the judgement, Article 370 was a temporary measure. Also a few vested interests had started using it for their own nefarious designs.
In 1951 a Constitution Assembly was elected for Jammu and Kashmir to formulate the constitution of Jammu and Kashmir within the ambit of the Indian Constitution, and ‘subjects in respect of which the state should accede to the Union of India.’
And it began to be propagated by vested interests that this Assembly would have the authority to determine the future course of Article 370. These people forgot that a state cannot dictate to the Union.
Pakistan had jumped around like a headless chicken when Indian Parliament had deleted the Article 370 from its Constitution. Now once again its caretaker Foreign minster is trying to do the same. “Pakistan categorically rejects the judgement announced by the Supreme Court of India on the status of Indian illegally occupied Jammu and Kashmir. Jammu and Kashmir is an internationally recognized dispute which remains on the agenda of the United Nations Security Council for over seven decades,” caretaker Foreign Minister Jalil Abbas said.
Jalil Abbas forgets that UN itself as categorically dissociated itself from this case if J& K which is an integral part of India. Only the Pakistan Occupied Kashmir has to be taken back by India and this WILL BE done in the foreseeable future.
Instead of handing back POK to India, Abbas said “The final disposition of Jammu and Kashmir is to be made in accordance with the relevant United Nations Security Council resolutions and in accordance with the aspirations of the Kashmiri people. India has no right to make unilateral decisions on the status of this disputed territory against the will of the Kashmiri people and Pakistan.”
He then said that the Kashmiri residents have an inviolable right to self-determination under UN Security Council resolutions.
“We will certainly write to the UN, the United Nations Secretary-General, OIC Secretary General, the European Union parliament, basically apprising them of the futility of this decision, its legality; we will point out the illegalities and the contradictions that are there in this decision,” Abbas said.
Well Abbas bhai, write to UNSC, to Xi Shinping or to Joe Bidden but rest be assured that India will take back POK sooner than later.
