Article 370 promoted 'disharmony', needed to be changed: Syama Prasad nephew

The nephew of Bharatiya Jana Sangh founder Syama Prasad Mookerjee said on Tuesday that the provisions of Article 370 of the Constitution was "promoting disharmony" among the people and needed to be changed.

Expressing happiness at the scrapping of provisions of Article 370 that accorded special status to Jammu and Kashmir, Justice (retired) Chittatosh Mookerjee said his uncle had died for this cause and it should have happened long ago.

"Separate provisions of Article 370 is promoting and harbouring disharmony among people. So it was necessary to change it," Mookerjee told PTI here.

The 90-year-old said the special provisions were "largely responsible" for terrorism and separatist activities in Jammu and Kashmir.

The Centre had on Monday revoked provisions of Article 370 to take away Jammu and Kashmir's special status, and proposed the bifurcation of the state into two Union territories -- Jammu and Kashmir, and Ladakh.

Mookerjee, a former chief justice of the Calcutta High Court and the Bombay High Court, claimed that the abolition of the provisions of Article 370 was not illegal or unconstitutional.

"This (Article 370) is a temporary provision. It appears in a part of the Constitution, but is not permanent," he said.

"There is no breach of the Constitution; could be a breach of a promise which might have been made by Pandit Jawaharlal Nehru (the first prime minister)," he said.

Mookerjee said circumstances had changed that necessitated making Indian laws applicable in Jammu and Kashmir, but added that whether it was the appropriate time to do so is entirely a matter of opinion.

"Those who are in BJP, at least they could decide, whether the decision is right or not is a matter of opinion," he said. "They decide their way, they take the responsibility."