The President of the All India Majlis-e-Ittehadul Muslimeen and MP from Hyderabad constituency Asaduddin Owaisi took to X (formerly Twitter) with a long write-up, talking about the implications of the Supreme Court judgement on the abrogation of article 370.
Owaisi places his arguments in six points, and he begins his arguments by questioning the legitimacy of abrogating the special status of a state by putting the whole state in curfew. “In 2019, the CJI spoke at a seminar and said that “public deliberation will always be a threat to those who achieved power in its absence.” He writes. He then asks who in Kashmir had the right to deliberate on August 5.
Owaisi argues that according to Bommai”s judgement of Supreme Court, federalism is part of the basic structure of the constitution. Federalism means that the state has its voice and in its area of competence, it has complete freedom to operate. Owaisi then asks: “How is it that Parliament can speak in place of the Assembly?
He further said: “For me, the manner in which article 370 was abrogated was a violation of constitutional morality. Even worse, the abrogation, bifurcation and downgrading of the state to union territory is a grand betrayal of the solemn promise that the Union of India had made to the people of Kashmir”.
However, Owaisi says that there was no doubt that the state is an integral part of India. But, being an integral part does not mean that it did not have a distinct constitutional relationship with the Union.
Owaisi then says the biggest losers of the Union’s decision will be the Dogras of Jammu and Buddhists of Ladakh, and according to him these Dogras of Jammu and Buddhists of Ladakh will have to face demographic change.
In the final part, Owaisi expressed his concern about the absence of a timeline In Supreme Court’s verdict about the reinstatement of the statehood. He demanded an assembly election at the earliest possible.
“It’s already been five years of Delhi rule in J&K. Assembly elections should be held in the state at the earliest. Along with Lok Sabha elections in 2024,” he concludes the tweet.
#Article370
1. In 2019, the CJI spoke at a seminar and said that “public deliberation will always be a threat to those who achieved power in its absence.” The question is whether you can abrogate the special status of a state by putting the whole state in curfew, while it is…— Asaduddin Owaisi (@asadowaisi) December 11, 2023