The written replies by Ministers of State Haribahi Parathi Bhai Chaudhary and Kiren Rijiju to the supplementary questions during discussions in Rajya Sabha on Starred Question-138 from Anil Desai on 11th March this year have surely pioneered for the first time (in the Parliamentary history) into giving clear and valid clarifications to some "myths" regarding the Jammu and Kashmir (J&K) that have been well cultivated over last six decades by those who projected J&K 'constitutionally' a distantly placed unit from India (some have gone to the extent of even raising issues on 'Nationality' and 'extent' of accession).

"Myths" have got established since the Governments in Delhi and the political leadership of India too did not take some expressions and elements that seriously thereby making the people within and outside believe, say and even profess that (1) Special Status has been given to Jammu Kashmir in Constitution of India through Article-370. (2) It is only Art-370 via which the state of Jammu and Kashmir is linked with India and in case Art-370 is modified or repealed the accession of J&K with India will be undone and the state will no more remain part of India.

In other words the commonly used phrase has been "Art- 370 is a bridge between India and J&K". Even on 11 March 2015 during the discussions after answer to Question-138 was laid in Rajya Sabha K.T.S. Tulsi had described Art-370 as a 'linchpin' between India and J&K overlooking the fact that in constitution of India Art-370 has been incorporated as "Temporary provisions with respect to the State of Jammu and Kashmir". Whereas, so far, whenever any need for review of Art-370 has been felt some people have succeeded in agitating the common minds by sending the message that some plans are under consideration to take away the 'special status' of people of J&K. Those who had been holding the banner of 'special status for J&K' have used the banner more to rear their political lusts rather than to use it for welfare of their people.

While replying to part (a) of Question -138: Whether it is a fact that through Article 370, the Constitution gives special status to Jammu and Kashmir? the written answer by MHA on 11th March said :in the Constitution of India, there is no mention of 'Special Status to Jammu and Kashmir'. Article 370 provides for 'Temporary provisions with respect to the State of Jammu and Kashmir'. And while replying to part (d) of the Question-138: "Whether Government is thinking of scrapping the special status of Jammu and Kashmir and if so, by when the process will be over?" The written answer says: "The question does not arise in view of the above'". The reply hence was that where is the question of scrapping 'special status' that otherwise is no where granted in the constitution.

Through the answer to Question-138 as given in Rajya Sabha on 11 March 2015 it has been very precisely said and concluded that (i) J&K does not have any special status as per Constitution of India nor does Art- 370 give any Special Status to J&K (ii) so when there is nothing like special status for J&K in Constitution of India there is nothing there for 'scrapping'. Anyone who would now wish to contest the written statement laid in the Parliament by Ministry of Home Affairs GoI will have to do so within the limits of the text of the Constitution of India. In case some state or region is given special status for the purposes of internal requirements of the day there is nothing wrong in it but in the case of J&K the term 'special status' has more been used by some just to extend the limits of special status to extra territorial arenas as well and focusing at making the people of J&K believe that J&K is constitutionally a distantly placed State of India like K.T.S. Tulsi opining that " Article 370 is a lynchpin between Jammu and Kashmir and India, so a relook might risk reopening of the entire issue of Kashmir's accession to India".

No doubt the fears expressed by Tulsi was very precisely rather briefly settled by MoS Kiren Rijiju by stating that the Constitution was clear that Jammu and Kashmir is an integral part of India and therefore, such an issue would not arise. It is for the first time that without mincing words Government of India has very precisely and in simple words sent the message that (i) Art-370 is not a bridge between India and J&K, (ii) anyone who thinks otherwise is overlooking at the fact that J&K is an integral part of India and it will not be constitutionally wise to look for any 'linchpins' in between. In addition to giving clear and plain answers, Government of India has this time (unlike May 2014) avoided any controversy while answering the question on Article 370 thereby leaving no potential opportunity for the opposition to corner the government on Kashmir when MOS Kiren Rijiju said that Article 370 is a temporary provision in the Constitution of India, deletion or abrogation of Article 370 needs a Constitutional amendment and for that numbers are needed (sending the message that it is for the Parliament to do and not the government).

(Daya Sagar is a senior Journalist and a social activist can be reached at [email protected])