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Hasnain Masoodi i 65 years If we go by the Government narrative,
MeMber of ParliaMent froM south KashMir’s anantnag it has followed a constitutional route
in withdrawal of J&K’s special status?
‘PM Modi told us nothing No. It hasn’t. Government hasn’t adhered
to the constitutional route. In a presi-
dential rule, president of India runs the
will happen days before affairs of the state with aide and advice
of the council of ministers. Now here in
a presidential rule, president says he has
Article 370 was revoked’ sought the concurrence of the governor
for the abrogation of Article 370, when he
himself is governing the state. He cannot
consult himself. In terms of Article 370, if
parliament decides to introduce or presi-
dent decides to introduce a provision in
Hasnain Masoodi was the giant slayer again was not a drawing room agree- the state of Jammu and Kashmir and that
in recent parliament elections in Kashmir. ment between heads of states. It was an constitutional provision falls within the
He defeated the former Chief Minister agreement between two governments, four walls of defence, foreign affairs and
Mehbooba Mufti in her political bastion again more or less sovereign. It was communications then he will have to do
in South Kashmir. In an interview with between the president of Kashmir aided it in consultation with government of
Tehelka, Masoodi tells riyaz wani that by council of ministers and the presi- Jammu and Kashmir.
Prime Minister Narendra Modi in his dent of India aided by council of minis-
meeting with the National Conference ters. The agreement was introduced in Union Government has still gone
leaders three days before abrogation of parliament by then prime minister of ahead and done it and also gotten
Article 370 had assured them that the India and it was introduced in J&K Con- away with it?
union government had no such plan. stituent Assembly by then prime min- Yes, they have done it. I said in parlia-
Masoodi said that his party will fight the ister of Jammu and Kashmir. And it was ment that the law ministry is sitting
unilateral assault on J&K’s constitutional ratified. Most people in mainland In- here and I ask them whether this is the
status politically and legally. dia are not aware that people of J&K way things should go. And whether this
were not part of India until 1952. They was the constitutional way? There was
were citizens of J&K. Our citizen- no answer. On Artic;e 370, President
Revocation of Article 370 is a fait ship law was still the one framed by has sought concurrence of himself. It is
accompli now? Is it? Maharaja of Kashmir in 1928. So, you something which is alien to constitu-
No. It isn’t. First, there is lot of disin- could not withdraw it without having tion. This can’t be done. Initially when
formation about Article 370 and how some kind of dialogue with the constitution was made, the Constituent
Kashmir got it. It was not granted to stakeholders. Assembly didn’t deem it proper to make
Kashmir. It was not gifted. It was a kind of Article 370 subject to amending power of
negotiated settlement between a Hindu the parliament. They said it is sacrosanct,
ruler with a Hindu Prime Minister. Then ‘There is lot of higher than parliament, even parliament
Maharaja of Kashmir Hari Singh decided cannot amend it.
to join India on some conditions and disinformation about
those conditions were accepted by the Article 370 and how These are mere words now?
other party. And there was an agreement. No, no. Since case is now in Supreme
And the terms of accession got reflected Kashmir got it. It Court, we expect it to strike down the ab-
in Article 370. It was in the nature of a was not granted rogation of Article 370. For us, on the le-
treaty between two independent coun- gal front, the question still survives. Now
tries at that time because Jammu and to Kashmir. It was about dividing the state into two union
Kashmir was independent. So, it could territories, how can you do it. Article 3 of
not have been withdrawn unilaterally. not gifted. It was a the Constitution of India gives you power
Maharaja didn’t surrender everything. kind of negotiated to form the new state, draw boundaries
He gave New Delhi power to legislate on of a state or form a new state by joining
three subjects only: defence, currency settlement between two union territories. Power is to form a
and communications. This was supple- a Hindu ruler with a new state, not to disintegrate a state and
mented by one more agreement: Delhi downgrade it into a union territory. Here
agreement of 1952. Delhi agreement Hindu Prime Minister’ centre did it and again without seeking

tehelka / 31 october 2019 40 www.tehelka.com