Legal attack on property rights act

BJP the ally of ruling Peoples’ Democratic Party infamous for laying legal traps on several provisions of the special status through individuals and its affiliates are not contested seriously by the Jammu & Kashmir government’s law department which is commanded and controlled by the PDP itself. The Public Interest Litigation (PIL) filed by a Delhi based NGO challenging the article-35 A of the constitution of India giving powers to the state government to frame law for barring outsiders from acquiring property rights too is not being seriously contested by the law department portfolio of which is held by PDP itself . So for the law department’s response has been very discouraging as it’s silence to the decision of the Attorney General not to file a response to the controversial PIL shows the intents of the PDP on this sensitive issue. Since both PDP and BJP are committing themselves to put the contentious issues into oblivion in “Agenda of Alliance” scripted by the two parties for the running the affairs of the government in Jammu & Kashmir state, the BJP commanding and controlling the central government is bound to take a defensive position on a contentious issue like 35-A. The decision of the Modi government represented by its attorney general in the parliament shows that BJP government at the centre is overtly and covertly creating a situation conducive for referring the controversial PIL on article 35 A to the three judge bench of the supreme court.By all standards of understandabilities the Central Government’s attempt to abstain from taking a clear position on this issue can cause an irreparable damage to the laws governing property rights in Jammu & Kashmir state. Political ethics in the working of a coalition government makes BJP, the ally of PDP presently commanding and controlling the central government, duty bound to take appropriate decisions for responding to a controversial Public Interest Litigation (PIL) through the attorney general. This is the only way appropriate way for the ruling PDP to make BJP and the central government stick to the promise of maintaining a ‘status-quo’ on the state’s special status as both the parties are committed to stick to safeguard the special status of the state as highlighted in the “Agenda of the Alliance” more hyped by PDP than its ally the BJP time and again.

The decision of the central government not to respond to the controversial PIL on article 35 A has exposed the political opportunism and hypocrisy BJP. Keeping in view the sensitivity of the issue the PDP is duty bound to take up the issue vigorously with the BJP at the highest level to ensure that the nefarious designs of those who have filed the controversial PIL on article 35 A are exposed and defeated.

Interestingly the PDP has many a times in last two and half years declared the “Agenda of the Alliance” a “sacred document” and BJP has not shown any respect to its by enforcing the extension of article 101 of the Indian constitution under the garb of the implementation of Goods and Services Tax in the state. The decision of the central government not to respond to the controversial PIL on article 35 A has exposed the political opportunism and hypocrisy BJP. Keeping in view the sensitivity of the issue the PDP is duty bound to take up the issue vigorously with the BJP at the highest level to ensure that the nefarious designs of those who have filed the controversial PIL on article 35 A are exposed and defeated. Any laxity on the part of the PDP could prove dangerous for the special status of the state granted to through article 370 of the Indian Constitution.