In a candid interview with Karan Thapar on India Today Television’s show To The Point, Law Minister D.V. Sadananda Gowda addressed a range of significant and controversial topics, including the abrogation of Article 370, the Land Acquisition Act, the National Judicial Appointments Commission (NJAC), and making Yoga compulsory in schools. His comments shed light on the complexities surrounding these issues and offered insights into the government’s stance.
On article 370 and mufti Mohammad Sayeed’s veto
When questioned about the BJP’s manifesto promise of abrogating Article 370, which grants special status to Jammu and Kashmir, Minister Gowda acknowledged that wider consultation and consensus were necessary before taking any steps toward its removal. However, the most striking revelation came when Gowda confirmed that Chief Minister Mufti Mohammad Sayeed, leader of the People’s Democratic Party (PDP), effectively holds a veto on the matter.
The PDP, in alliance with the BJP in Jammu and Kashmir, had reportedly negotiated terms that would prevent any unilateral action on Article 370 without the consensus of both parties. Gowda conceded that the alliance agreement effectively means the abrogation of Article 370 is unlikely as long as the BJP and PDP continue to share power in the state.
This revelation is crucial, as it suggests that one of the BJP’s core promises may not materialize during the tenure of the Narendra Modi government, which ends in 2019. The Jammu and Kashmir government’s term runs until 2021, meaning the issue may not even be revisited during this period unless the political landscape changes.
On the land acquisition act
Another major topic addressed by Gowda was the contentious Land Acquisition Act. The Modi government has faced significant opposition both inside and outside Parliament over proposed amendments to the Act. In what appeared to be a softening of the government’s stance, Gowda indicated that the government was now open to making concessions on certain clauses.
One of the key provisions of the 2013 Land Acquisition Act is the return of unused land to farmers after five years. The Modi government had initially sought to remove this clause but is now willing to retain it, except for projects with long gestation periods, such as atomic energy plants. Additionally, on the highly contentious issue of the consent clause—which requires the consent of landowners before their land can be acquired—Gowda said the government is willing to compromise. He suggested that the government may accept a diluted version of the clause, requiring the consent of 51% of landowners, if such a recommendation comes from the parliamentary standing committee.
On the ownership of land in industrial corridors, Gowda confirmed that investors and industrialists would maintain ownership, a position that may stir further debate but aligns with the government’s pro-business stance.
On the national judicial appointments commission (NJAC)
The NJAC, which has been a hot topic of debate in the Supreme Court, was another issue that Gowda addressed. The NJAC aims to reform the process of judicial appointments, giving the executive more say in the selection of judges. Critics have argued that this undermines judicial independence, as it diminishes the primacy of the judiciary in appointing its own members.
Gowda pushed back against these concerns, stating that the independence of the judiciary begins after judges are appointed, not during the appointment process. He dismissed fears that the Chief Justice could be outvoted by the Prime Minister and the Leader of the Opposition when selecting two eminent persons for the NJAC. According to Gowda, the political rivalry between the Prime Minister and the Leader of the Opposition makes such a scenario unlikely, assuring that judicial independence would not be compromised.
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On nomination of Anglo-Indian MPs
Article 331 of the Constitution allows the government to nominate two Anglo-Indian representatives to the Lok Sabha, a process that has been delayed under the Modi government. Gowda attributed the delay to the BJP’s focus on its membership drive during its first year in power. While he confirmed that the nominations had not been a priority, he refrained from committing to a timeline for when the appointments would be made, stating that the decision lies solely with the Prime Minister.
On making Yoga compulsory in schools
Regarding the proposal to make Yoga compulsory in schools, Gowda emphasized that the government was mindful of the sensitivities surrounding the issue, particularly in relation to Surya Namaskar, which some Muslims have opposed on religious grounds. He ruled out any coercion, stressing the importance of persuasion and respectful dialogue to ensure that Yoga’s health benefits could be promoted without causing offense to any community.
The interview with Law Minister D.V. Sadananda Gowda revealed a more cautious and conciliatory approach by the government on several key issues. While the BJP remains committed to its core agenda, the realities of coalition politics and strong opposition, both within and outside Parliament, have led to a degree of flexibility in its approach.
