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July 4, 2000

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Acceptance would have set a dangerous precedent: Advani

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Tara Shankar Sahay in New Delhi

Union Home Minister Lal Kishen Advani on Tuesday said the Union Cabinet had rejected the Jammu and Kashmir Legislative Assembly's resolution on autonomy because its acceptance would 'set the clock back and reverse the natural process of harmonising the aspirations of the people of the state with the integrity of the nation'.

"The decision was unanimously," the home minister emphasised. "If the government were to accept it, it would encourage trends that will not be conducive to national unity."

Advani addressed a press conference to explain the cabinet's stand on the autonomy demand. Advani reiterated the government's commitment to promoting 'federal harmony' by ensuring a partnership of the Centre and the states as had been laid down in the National Agenda for Governance of the ruling National Democratic Alliance.

He pointed out that the NAG states 'in no uncertain terms' that there is a clear case for devolution of more financial and administrative powers to the states. The government reaffirmed its commitment to evolve a broad consensus on the implementation of steps for 'wide-ranging devolution of powers to the states that leads to efficiency in administration and acceleration in development'. The setting up of a commission to review the Constitution is also a step in this direction, Advani said.

He said most of the recommendations contained in the J&K State Autonomy Committee's report sought to reverse the application of constitutional provisions to J&K. "This may not only adversely affect the interests of the people of the state but would also tantamount to removal of some of the essential safeguards enshrined in our Constitution," he said.

Advani said the issue of restoring the constitutional situation in J&K to its pre-1953 status (as demanded by the state assembly recently) had already been discussed a quarter century ago, referring to the 1975 accord between Sheikh Abdullah and former prime minister Indira Gandhi.

"It is noteworthy that the agreement signed after these negotiations had affirmed that provisions of the Constitution of India already applied to the state of Jammu and Kashmir without adaptation or modification are unalterable," Advani said quoting from the 1974-75 agreement.

The cabinet urged the people and the government of J&K to address the real problems facing the state - rooting out insurgency and cross-border terrorism and to ensure accelerated development. "The Centre will continue to provide all possible assistance for attaining these objectives," the home minister said, adding that "the government is of the firm conviction that national integration and devolution of powers to states must go together."

Advani ruled out any differences among the NDA constituents, especially the National Conference, on this issue. He said that the government had not got the people's mandate for the repeal of Article 370 of the Constitution.

Reacting to the Union Cabinet's decision, J&K Law Minister P L Handoo said, "it was a surprise for us. It is a challenge to democracy and the Vajpayee government's secular credentials. We will strive for autonomy despite the centre's rejection."

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