I am afraid the ambiguities over article 370 lie in its interpretation. The interpretation you have made from this article is based upon your assumption that this article is a direct impediment on the path to national integrity as it had been religiously preached by the Sangh and its paraphernalia for decades. Now please go through the background of this article, why it has to be brought up and how, in the following years of inclusion of this article, several consequent events that invalids the very reason to bring this article into effect.
Article 370, as you have stated in your previous posts is not related to migration at all. It is a promise to the people of Jammu and Kashmir for assured autonomy, not a direct law to prevent outside penetration. This law was to ensure that the points of Instrument of accession remains safeguarded which are to allow the state to have its own constitution, judiciary, legislature and executive. And Indian parliament cannot make any law for the state except the four areas. Only and only the president of India has been given power to pass his orders in “consultation with the legislative assembly.”
Now, the dissension of the right wingers over the article as anti-national is a mere ignorance about constitutional matters and its complexities. Our confused nationalists are unaware of the fact that Article 370 had been corroded gradually since its birth. The problem is not article 370. The controversies are about the state subject law as it was promulgated by Maharaja Hari Singh in the year 1927.
The Ghulam Kabra case in 1939, the case of Mahmood Ul Rehman, an IAS officer in the year 1973 are two distinct and quite extraordinarily convincing proofs that shows us that the State Subject law passed by Hari Singh or any law passed by the legislative assembly to prevent outside migration through marriage can be successfully challenged in the J & K high court itself. The 2004 disqualification bill in any way has to be scrapped and rolled in for its gender bias nature and the right wing attitude to see article 370 as secessionist and anti Indian is just hilarious and is profoundly absurd.
Lastly, I do not see it as a justifiable argument that Indians should change the demography of Kashmir just because Pakistanis are doing it. The J & K bill 2004 is unfair and at the same point of time, the hue and cry to penetrate the valley with uncontrolled migration is equally illogical and a threatening concept to put the democratic flavour of Indian constitution in danger. Hope I have made proper justice with the understanding of this article and it helps to clear the ambiguities.
Regards.
