Trifurcation balloon deflated

Division status to Ladhak has though opened gates for division of Jammu , not Kashmir but undeniable fact is that the Governor Satya Pal Malik has stolen the political agenda from non BJP mainstream parties of Jammu & Kashmir just to give saffron party an opportunity to get electoral mileage from the controversial decision on division status to Ladhak in the ensuing Lok Sabha and assembly elections in the state. While claiming credit for division status to Ladhak the BJP can neither silence those demanding division status to Pir Panjal and Chinab valley areas of Jammu region nor deny the right to demand rotational headquarter for the Ladhak division at Leh and Kargil to the people of Kargil. The unprecedented protests in Kargil over the demand for the location of division headquarter at Leh and Kargil on rotational basis is an eye opener for both BJP and the Governor who are trying to discredit Kashmiris and muslims of Jammu division and Kargil district. Since the divisions for Chenab valley and Pir Panjal can only shrink the area and population of Jammu division only, the country’s two top National level political parties BJP and Congress would be the ultimate loosers of the vote bank battle in Jammu region presently the main battle ground for both BJP and as well as Congress . The grant of division status to Ladhak would no doubt give BJP an opportunity to sell the dream of the impracticable and unworkable idea of the trifurcation of Jammu & Kashmir in the country’s electoral markets in the poll campaigning for the ensuing Lok Sabha and as well as assembly elections just two months away but the same would lead to shrinkage of the electoral base of BJP in Jammu & Kashmir as the saffron party would have a political compulsion to oppose the idea of carving out two more administrative and revenue divisions - Chenab valley and Pir Panjal from the present Jammu division.

Battle for division status to Ladhak may have end with governor agreeing to the demand for rotational division heaquarter at Leh and Kargil for Ladhak division but the battle to create two more divisions from the present Jammu division has started picking up and could end with division status to Chenab Valley and Pir Panjal any time in next two years after the restoration of popular rule in the state.

Since National Conference has already started talking about autonomy for regions and sub regions of the state ahead of the ensuing Lok Sabha and assembly elections, the probabilities and possibilities of regional councils for Pir Panjal and Chenab Valley area with a division status to both can’t be ruled out. Keeping in view the long term implications of the division status to Ladhak the Governor Satya Pal Malik has given an opportunity for short term political mileage to the saffron party in the rest of the country in the ensuing Lok Sabha election but the decision of division status to Ladhak won’t not go well down the throats of people even in Jammu region in presence of rising demands for separate divisions to Chenab Valley and Pir Panchal areas. As regards possibility of BJP raising ideas of trifurcation of Jammu & Kashmir the constitutional bar on the central government on trifurcation is as strong as it is on the revocation of article 370 of the Indian constitution. Top constitutional experts of the state believe that as long as Jammu & Kashmir enjoys special position under article 370 the central government despite a brute majority in the parliament can’t push through any legislation for making Ladhak a union territory.

Top constitutional expert and senior Advocate of Jammu & Kashmir High Court when asked about the possibility of the grant of Union territory status to Ladhak said “under the existing constitutional relationship, having regard to special status of Jammu & Kashmir the central government has no power to declare any part of the state of Jammu & Kashmir as union territory”. Another constitutional expert and senior Advocate of Jammu & Kashmir High when asked about the possibility of the grant of Union Territory status to Ladhak said “constitution debars the central government to take away any part of Jammu & Kashmir and declare it union territory or a state. As long as article 370 of the constitution is there the central government can’t under any circumstances declare any part of Jammu & Kashmir including Ladhak as India’s union territory”. Keeping in view the consequences of the plan of regional divide carried out by Governor Satya Pal Malik obviously at the whims and wishes of the central government the BJP’s trifurcation balloon has deflate before its take off in Jammu & Kashmir.