Led by a shrewd leader Modi, who is extremely unpredictable (every alternate day the Pakistani media keeps wondering what is going through Modis mind), the NSA Ajit Doval and EAM S. Jaishankar are known to be on same wavelength as Modi and are astute practitioners of the art of statecraft and strategic issues. It will continue to offer some kind of financial and military aid, as a leverage to secure Pakistani support on bringing Taliban to positive negotiations. Even after generations passed, these people were treated as second grade citizens. On Aug. 8, in a 40-minute address to the nation, Prime Minister Narendra Modi argued that Article 370 of the Indian constitution had prevented economic development from reaching Kashmir . While assuring support on the Afghanistan issue, it will continue to link it to Kashmir and demand direct or indirect mediation. Since the Kashmir Constituent Assembly dispersed itself in November, 1956 and the state was under the Presidents Rule (Art 356), the government was within its right to secure the concurrence of the State Government through a Rajya Sabha resolution or a nominee of the Central Government (the Governor of the State Satyapal Malick in this case), an interpretation that was upheld by Indian Supreme Court in 1972. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. The abrogation has enabled the bifurcation. . US-China conflict: Relational patterns of the past, reflecting the present? "The Parliament is exercising the power of the state legislature. In the backdrop of such complexities, the decision to abrogate Article 370 seems to be a right one. The full integration of the state of Jammu and Kashmir heralded by the nullification of Article 370 is nevertheless a welcome step, rectifying a mutant event in history in a land that has, for millennia, been centre-stage of the cultural evolution of India. Thus, they cannot buy any immovable property, not eligible for employment by the state government, cannot contest or vote in local body or Assembly elections, cannot avail of scholarships and other grants offered by the state government to its permanent residents and, above all, cannot seek redress in any Local or High court or Supreme Court of India.This is a direct violation of Article 14 of Indian constitution that guarantees the Equality of Citizens. Senior international lawyer, Harish Salve explains Article 370: "Article 370 provides for a presidential order. Foreign Policy News is a self-financed initiative providing a venue and forum for political analysts and experts to disseminate analysis of major political and business-related events in the world, shed light on particulars of U.S. foreign policy from the perspective of foreign media and present alternative overview on current events affecting the international relations. One more factor that has contributed is the general feeling among residents of the state that this government means business and it will not buckle down under pressure. Article 370 is under part XXI of temporary and transitional provisions. To him, the nations destiny could not be held hostage to the semantics of legal language or the obstinacy of technicalities- nor could the interpretation of the constitution be allowed to saunter beyond the realm of rationality and confront the very existence and preservation of the union. The passage of the Article 370 requires the Indian Parliament to take the approval of the Jammu & Kashmir government for the application of the laws passed by the Indian parliament in the state. Abrogation of Article 370 has opened J&K to investors and even FDIs. Kashmir is a Himalayan region that both India and Pakistan say is fully theirs. Lincoln wasnt going to allow scathing contemporary criticism or the vagaries of legality to deter him in his attempts to weld the contending factions into a composite whole: Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? he asked in an address to the Congress in 1863. Why did the government do it? Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple in Ayodhya after winning the court proceedings last year. Thereafter, the Article itself, inserted via a presidential proclamation post the merger of the state to the Indian union, not via a constitutional amendment, was removed via the same procedure- and later ratified by parliament too. Article 370 violated virtually every parameter of a liberal democracy- that of pluralism through its creation of religious divisions in the state and its governance, that of equal opportunity and civil rights by professional and social exclusions and that of basic equality of law. The state government can form their own legislature and laws. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. The presidential order of 1954 is now superseded. The Centre must be cautious. Further, it even ceded Sakshgam Tract, part of Kashmir to China under a so-called China-Pakistan Boundary Agreement, 1963. What followed was a 5-day lockdown in the State of Jammu and Kashmir. "You may think you have scored a victory, but you are wrong and history will prove you to be wrong. The allusion to national interest that Lemieux makes however, does not take into account genuine matters of security, constitutional and democratic equality, prevention of discrimination and equal distribution of the fruits of economic progress and development as would be espoused by a progressive, democratic society- all of which Article 370 caused to be undermined in Jammu and Kashmir. You can email the site owner to let them know you were blocked. 'Modi's Kashmir move will fuel resentment', Tracing the path that led to the Kashmir attack, Why India and Pakistan fight over Kashmir, S Korea demands minister's sacking over Seoul crush, Revolutionary therapy clears girl's incurable cancer, 'Brutal - this England exit is even more painful', The plotters who wanted to take over Germany, 'If I wasn't Hispanic, I'd have had a different career', Bankman-Fried: I hope to make money to pay people back, The seven-day-a-week life of a maid in Qatar, Inside the self-proclaimed Kingdom of Germany. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state. Introduction. The unprecedented lockdown, localising trouble-spots and gradual easing of the restrictions are part of the new strategy. Lincoln, the saviour of the integrity of the American union and a veritable hero of history for championing democracy and civil rights, was assailed throughout his presidency as being a dictator, a despot and a tyrant. 210.114.1.90 A supposedly disputed territory whosefinal outcome is yet to be decided, if already has been played up like this, no international law will be able to question the removal of Article 370, a part of the Indian Constitution, by the Indian Government in the Indian legislature. Pakistan still, on the watchlist for support and promotion of terrorism, may wait for some time till October when the Chinese, along with Turkish are expected to shield it again or buy some time. Abrogation Article 370. Cloudflare Ray ID: 7780b9f55ddb8d00 Kashmiris as well as. Article. Why is Pakistan so anxious about the removal of Article 370? Another misleading concern cited by opponents of the abrogation of Article 370 is its bearing on the mechanism of protection of tribal cultures and rights as enshrined in Article 371 for north-eastern states and other specific regions. Abrogation of Article 370. Both outcomes are indicative of the real influence wield by Modis India in contemporary global politics. Abrogation of Article 370 is rather a bold step that Prime Minister Modi implemented last year. However, the same does not apply to the offspring of a male who marries a woman from another state. J&K Constituent Assembly was mandated to decide the fate of Article 370 but before its dissolution, it didn't make any recommendation for repealing or modification of Article 370. Article 370 Advantages And Disadvantages: Article 370 was a means of keeping Kashmir connected to India. Performance & security by Cloudflare. Meanwhile, PM Khan has already put the blame on India by apprehending that more Pulwama-like incidents may happen due to Indias action on article 370. This meant the federal government only had to seek the consent of the governor who imposes its rule. By investment I mean spending money on funding stone pelters, providing arms for terrorists, influencing local leaders, creating unrest in the valley. It could also bar Indians from outside the state from purchasing property or settling there. This is why this place has seen towering promises made by towering political figures getting buried without even a whimper. He holds MPhil (Library & Information Sc), MA, PG Diploma in Journalism. On the issue of ascertaining wishes of the Kashmiri people, that Pakistan and many in India are clamouring for, the basic condition of the UN mediated ceasefire in 1949 the plebiscite was to be preceded by the complete removal of Pakistani forces from the entire Kashmir region and maintenance of minimum forces by India for law and order duties. Jawaharlal Nehru, in stressing on the temporary nature of the provision, perhaps understood its long-term unsustainability and detrimental nature. The government says it is well within its rights to bring in the changes and that similar decisions have been taken by federal governments in the past. The law should be the same for everyone. Many Federal Government policies were automatically implied to J&K residents and to be specific about 1.5 Million J&K residents were insured under Federal Governments Health Insurance Scheme ( AyushMan Bharat) and about 78,00 people got treated using this Health insurance scheme so far since Aug 2019. Abrogation of Article 370 - View presentation slides online. The abrogation of Article 370 was followed by a wave of protests and stone-pelting in the valley, compelling the government to cut down all means of communication. Because of its historical signicance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. Article 370 abrogation: The petitions stated that the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election . It helped it in portraying India to the status of a regional player, a rival of Pakistan while showing herself as an emerging superpower, rival to the only existing superpower, the USA. Article 370 present in part xxi of the Constitution of India gave special status to Jammu and Kashmir state because of which this state enjoys special privileges. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to people of. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. Many of them joined the Indian union spontaneously or under the persuasive and coercive diplomacy of Sardar Patel, the then deputy Prime Minister of India. Thus when Nehru deemed it fit, he did not allow constitutional guarantees to come in the way of his decisions- relying certainly on the subservience of individual provisions to the larger structure and purpose of the constitution. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . Hari Singh was forced to seek help from India and Patel compelled him to sign an Instrument of Accession with India. The precarious state of the Pakistan economy is another factor that needs attention. Apart from this, the Federal Government has set up two prestigious AIIMS medical colleges in Jammu and other in Kashmir while the construction is in full swing. Indian intelligence sources have already confirmed that various launch pads in the Pakistan administered Kashmir are already in the process of being reactivated. Lastly, Indian government seems to have done its homework well. Abrogation of Article-370 - For and Against It's a debatable question whether Article-370 should be abrogated or not. The foreign minister Qureshi openly suggesting that Nehrus India (his party the Indian National Congress) would have been much better than Modi. Pakistan is going through its worst time economically, diplomatically and also its defenses too are not in sound track. Now, Women and Homosexuals have equal rights as Men and the Human rights are guaranteed as per Article 14 of Indian Constitution. Although Home Minister Amit Shah's announcement in parliament on Monday came as a surprise to most Indians, it would have taken the government some preparation to arrive at the decision. The compliance of these conditions was to be followed by a plebiscite. During this day last year, the Home Minister Informed the upper house of Parliament that the President of India issued a Constitution Order 272 and 273 to abrogate Sadr -I Riyasat (Constituent Assembly of Jammu & Kashmir) with the powers vested as Governor of J&K. Interestingly, these communities apart from Dalit Hindus were never given Permanent Resident Certificate (PRC) by J&K state. As well as, the court held that the Indian Constitution applies to J&K via the 1954 Presidential Order and that Article 370(1)(b) does not limit . Kashmir: Why Pakistan's campaign against Article 370 move is good news for India Campaign by the Imran Khan government over Article 370 furthers India's efforts to let the world understand that accession of Jammu and Kashmir with India was legal and valid, and that only unsettled issue is Pakistan-occupied Kashmir. This Article is temporary in the sense that the Constituent Assembly of Jammu and Kashmir had the right to modify, delete or retain it, and also it was considered to be temporary only till a plebiscite was held to ascertain the public wish. The historic decision set off a major political as well as social makeover of the region, which had enjoyed special rights since Independence. Abrogation of article 370 Article 370 of the Indian Constitution established a dierent constitution for Jammu and Kashmir in its original version and reduced the parliament's law-making power over the state. Using this article 35-a, J&K discriminated against Non Permanent residents as second grade citizens. The Canadian economist Pierre Lemieux has called the concept of national interest a tool for tyranny because it justifies preferences of some individuals over others. Santosh Gupta, the court held that the J&K is a quasi-federal structure of the Indian Constitution. According to the constitution, Article 370 could only be modified with the agreement of the "state government". The Chinese are very deft in securing territories, with stealth and threat, without firing a single bullet and that is clearly evident in their actions in Tibet (1955), against India (1962) and in the South China Sea against countries like Vietnam, Philippines, Taiwan, Thailand, Indonesia and Malaysia. The article granted a special status to Jammu and Kashmir. Two years ago, on August 5, 2019, the Union government moved a resolution in parliament to read down Article 370 of the constitution of India, which gave the state of Jammu & Kashmir a special. The presidential order by the Indian government has much in common with actions of other political thinkers from across the world. The bald statement as Maharani Gayatri Devi of Jaipur called it in her memoirs, was made despite the office being guaranteed for perpetuity to the erstwhile ruler in the Constitution of India. First, Modi is a hugely popular leader in India and has led his party to back-to-back electoral victories, unheard of in Indian politics in the last four decades. Last year, a report by a Beijing think tank believed to have close ties with Chinese intelligence had linked the June 2020 clash between China and India in Ladakh to the abrogation of. This was followed by resolutions from the Rajya Sabha and Lok Sabha, purporting to exercise power that was originally vested in the Constituent Assembly of J&K. Abrogation of Article 370, detention of Kashmir politicians BJP's strategy to lure ultra-nationalists who won't buy Hindutva candy Let us assume that Kashmir politicians would indeed have taken out public processions to protest the 'surgical' abrogation of Article 370 and the plan to dismember the state. Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370. This type of special provisions for J&K directly violates the Preamble of Constitution and territorial integrity of India. Also, going by the way, Indian government is working on various welfare projects in other parts of the country, a fair number of Kashmirisare hopeful of better socio-economic conditions in near future. Thus, Every law that Parliament makes is automatically implied to J&K. But it is also a reality that much as many of us would like to ignore it, the status quo on Kashmir had became unsustainable long back. They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. Only this time, the state administrative, police, paramilitary forces are better equipped, sensitised and prepared to deal in with trouble-makers and the result is being seen in the first fortnight itself. Their talk now has moved on to how the fascist, Hindu supremacist Nazi-oriented Modi government with a huge nuclear arsenal, can be a big challenge for regional and global peace. A historical reading would demonstrate that the constitution of the state of Jammu and Kashmir, itself an anomaly, does not at any place, directly invoke Article 370, however, an interpretation of one of its clauses can be theoretically linked to Article 370. However, the government has used Article 370 (3) as a Presidential Order to abrogate this contentious provision. The provision thus served to turn the Kashmiri society to develop insecurities against the Indian state to some measure, In his paper Democracy: the Rule of Nobody, Professor John Keane of the University of Sydney describes the clich of simple democracy as paradoxically encouraging and legitimising forms of political behaviour that threaten democratic institutions and ways of life. In a section entitled Strategic Abuses of Democracy, Keane describes the tendency of actors to invoke the word democracy, understood as popular sovereignty, asa handy weapon in the struggle for power over others.. Given the depth of the impact it will have on the Indian subcontinent as well as on the people of Kashmir, lots of debates have happened over this particular article in the Indian constitution. The union territory of Ladakh too, will join in the other parts of India as a terror-free tourism hot spot for global tourists. Article 371 does not create a state within a state, often at cross-roads with it, endangering national security, promoting discrimination, inequality and sectarian strife, going against basic tenets of Indian democracy as Article 370 did. In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. To be precise, Article 370 of the Constitution of India [1], provided special status to Jammu & Kashmir. But there hasn't been much of a state government in Jammu and Kashmir for over a year now. As the tumult of the time necessitated, he frequently resorted to numerous seemingly-undemocratic measures, including suspension of the Habeas Corpus, undertaking actions that supplanted decision-making by the Congress, locking horns with and vetoing of the Supreme Court of the United States and rebutting the southern states repeated claims on their constitutional rights to secede. So irrespective of high levels of Indian security arrangements, Pakistan will continue to infiltrate terrorists to India through Kashmir, Punjab, Rajasthan or even through more porous borders like Nepal and try its best to create some major terror attack and bring the global attention on the issue. He undertook these measures as history would prove, for the larger cause of preservation of the union- which he claimed was his oath registered in heaven. Electoral politics is causing the delay in Canadas foreign policy on China, Azerbaijans journey from victory to victory, Time to think again about abolishing torture, Some reflections on Russias economic diplomacy with Africa. Using Section 6 of J&K constitution, it invokes the article 35-a and categorizes the permanent citizens. Can the United States legally justify an attack against Iran? We must remember that conditions and circumstances change and with the change in times constitutions too change. In the first few days of August, there were signs of something afoot in Kashmir. Article 370 was enacted in 1954 and was a recommendation made by the Jammu and Kashmir constituent assembly. Many Kashmiris believe that the BJP ultimately wants to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to buy land there. Legality and procedural propriety of the action are subjects that are best to be bandied by lawyers and law-makers, and much has been heard and read about the permanency vs removability of the provision. There has been violence in the Indian-administered side - the state of Jammu and Kashmir - for 30 years due to a separatist insurgency against Indian rule. People have only been bombarded with overly-charged emotive rhetorical jingoism whose shrillness on the audibility scale has always remained directly proportional to their sheer meaninglessness. Why did 2018 see more violence in Indian-administered Kashmir? They worked as Scavengers cleaning Toilets, roads until 2019. Your IP: Indian Supreme Court is seized of the legality of this governmental order that has been brought up before it by some individuals. Indian forces reached Kashmir and a protracted battle, lasting October, 1947 to January, 1949 finally led to a ceasefire agreement under the UN auspices. 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There have been protests both for and against the decision, India has had a fraught relationship with Kashmir for decades, Hindu rightwing groups have welcomed the move, Former chief minister says India has betrayed Kashmir, Why a special law on Kashmir is controversial, Kashmir: Why India and Pakistan fight over it, The funerals driving Indian Kashmir youth to militancy, Ukraine strikes Wagner HQ in Luhansk, governor says, Search under way after people pulled from icy lake, Roads blocked as violence continues in Kosovo, Nasa's Orion capsule makes safe return to Earth, Bodies of 27 people dumped by roadside in Zambia, Four charged in EU Parliament corruption case. How come a foreign country is allowed to make investments worth billions of dollars in a disputed territory. It remains a major issue on which India has refused to be a part of ambitious Chinese BRI project. This step will help in integrating the Jammu & Kashmir region with the rest of India. The children from such parents are not entitled to the Permanent Resident Certificate (PRC) of J&K, consequently the benefits thereupon, such as the right to acquire immovable property and a government job also ceases. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. The substance and context of Professor Keanes argument is entirely different, however a strong parallel can be drawn for this with the use of Article 370 by the political dynasties of Jammu and Kashmir- wherein democratic way of life and civil rights of Kashmiris were presented as being cocooned in the protective sheath of Article 370 alone, without which all would fall into disrepair. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. No wonder, the Pakistan COAS Qamar Bajwa has been given an extension of three years in his current job that is normally unheard of in any democracy. "It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place.". It can be well understood that National interest cannot be invoked loosely or ubiquitously to countermand constitutional provisions. That could leave any challenge up to individuals or activists. A reassuring feature of the widely criticised lockdown is that the political leaders, who have been detained, are not known to be honest and efficient and hence, people are not very restless against this action. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. Before jumping to a conclusion, it is important to have a basic understanding of the genesis of this contentious constitutional provision. The application of Articles 370 and 35 A placed restrictions on transfer of land. But the other view is that it can be done, but only with the concurrence of the State. When asked clarification about the ex-prime minister (in those days, it was called so) of Kashmir, Bakshi Ghulam Mohammed saying Article-370 of the Constitution to be a permanent provision and Kashmir's destiny is tied up with it, he ( Pandit Nehru) said his own statement (suggesting erosion Article 370 with the passage of time) was to be . The theft of a religious relic - the Moi-e-Muqqdas - from the Hazratbal shrine triggered discontent amongst the people, and they took to the streets . Here are the five key reasons why abrogation of article 370 is much needed legislation for India. Hence, it will continue to be stringent against the Indian action in public and will try to get an upper hand in negotiations on the boundary question. Apart from this, It impede the corporate sector to invest , buy immovable property or set up an industry in J&K. Reason 1: Loss of investment Pakistan had invested In Kashmir. Yes, Article 370 (3) permits deletion by a Presidential Order. After revocation of Article 370, the army launched a special initiative called "Mission Reach Out" to provide assistance to the. Specifically, Right to Information Act, Right to Employment, Every Federal Government initiative and policy regarding the expenses can come under Comptroller and Auditor General and monitor the expenses. Much to the chagrin of the Indian government, it has even been discussed informally by the UNSC at New York, at the prodding of China. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. Only Hindu Kashmiri Pandits and Sikhs who were forcibly kicked out of Kashmir got benefited under Indian Laws and constitution after settling down in Punjab and Delhi. Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. This article earlier granted a special status to Kashmir, due to which Kashmir was able to maintain a constitution of its own, separate from the Indian constitution. It is not in a position to pressurise India to change its track on Kashmir nor can mediate, directly, given the need for Indian support against China in the Indo-Pacific region and elsewhere. This is again a violation of Article 14 of Indian Constitution. Thus, Every law that was framed in Indian parliament automatically applies to J&K and Ladakh. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. However, a few exceptions exist for laws related to defense, foreign affairs, finance, and internal & external communications. And on many occasions, the state was under the Presidential Rule. As per the terms of ceasefire agreement adopted by the UNO on 5thJanuary, 1949 Pakistan was required to withdraw its forces, regular army and irregular forces while India was to maintain a minimum number of forces to preserve law and order. India's BJP-led government is hailing its decision to strip the state of Jammu and Kashmir of autonomy after seven decades, characterising it as the correction of a "historical blunder". The government, while justifying its move, said that Article 370 was the "root cause" of terror in the Valley and hindered the economic and social development of the region. Reading Ambedkar's works in conjunction with the historical realities of his times provides interesting insights into the mind of the most revered historical figure of contemporary India. With Article 370, prior Aug 2019, J&K Citizens had Dual Citizenship ( J&K citizen & Indian Citizen). PERSONALITY TEST PROGRAMME 2019 (Current Affairs Interview Issues) ABROGATION OF SPECIAL STATUS UNDER ARTICLE 370. After the Abrogation, J&K has become a Union Territory (UT) government by the Federal Government. Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple Shehla Rashid's petition in the Supreme Court argued that if Article 370 (1) (d) is read with Article 368, the State of Jammu and Kashmir is allowed to decide if the amendments made by the Constitution of India will apply to it or not. And not to forget, China will have to accept India as a more than aregional, developing country and sort out the border dispute on a truly mutually acceptable fair terms. Pakistan, if it continues to behave like it is doing today, could well turn out to be a big example of a failed, radical Islamic state torn by divisive, terror-driven policies and being managed by some UNSC mandated international peace keeping force in not so distant future. But most of the speculation was that Article 35A of the Indian constitution, which gave some special privileges to the people of the state, would be scrapped. What probably compelled the Chinese to make a hue and cry on the issue, taking it to the UNSC, even on an informal basis, was Indian Home Minister Amit Shahs assertion in Indian Parliament that when India talks of the whole of Kashmir being an integral part of the country, that includes the Aksai Chin, too, currently under Chinese control. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election. The comparison is fallacious, in that it pitches the question of preservation of specific cultures and traditions against the question of uniformity of law, national integration, security and social justice. He said that the . Later a resolution was ratified for CO 273 in both houses of Parliament which also led to bifurcate Jammu Kashmir (J&K) state into two Union Territories Jammu & Kashmir and Ladakh as per J&K State reorganization act 2019. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. Ambassador Abdul Basit said that as Pakistan's High Commissioner to India he had forewarned in 2014 about the likely abrogation of Article 370 by the BJP government. He claimed not to require heeding to less specific provisions in the constitution but to heed to the larger provision contained therein, thus: A part cannot be supreme over the whole, to the injury or destruction of the whole.. This is one part of the story that has not been properly attended to by the world media. each with good content in . Lt Gen Satish Dua (retd) 5 August, 2021 11:41 am IST On the other side, by portraying its anti-India stand, it will continue to hold its sway in Pakistan who undoubtedly have been demoralised by absence of any support from Arab World, the US and others. Further, during the period February 1956-February, 1994, forty-seven Presidential Orders have been issued in relation to the state of Jammu & Kashmir. By virtue of this resolution, it was to be stripped of this special status. The government is also moving to break up the state into two smaller, federally administered territories. Fourth, India under Modi has politically and militarily become more powerful and is ready and willing to take recourse to new challenges and strategies. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K . Despite granting the speciality to Jammu and Kashmir article 370 is allowing India to have defence, foreign affairs, finance and communication in its hands while other Indian laws directly applicable to other Indian states needs a special consent from JK assembly. . However, foreign affairs defence and communications remained with the central government. Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. One constitutional expert, Subhash Kashyap, told news agency ANI that the order was "constitutionally sound" and that "no legal and constitutional fault can be found in it". Foreign affairs, defence and communications remained the preserve of the central government. On August 5, 2019, Articles 370 and 35(A) were nullified that gave the erstwhile state its special status and the mandate to define its domicile rules. The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of India's democracy, constitution and national integrity. The politics over this move would be better placed if it focuses on ways of bringing succour to the Kashmiri people, undoubtedly under stress, as early as possible. Taiwan Reports Large Incursion by Chinese Air Force, Lizzie Truss Took An Axe, Gave the Taxes Forty (Five Billion) Whacks, Bangladesh and Pakistan: The Great Divergence, US Military: Planning Underway for Pelosis Potential Taiwan Visit, J-K Police busts extortionist gang in Budgam, Six persons had consumed high dose of drugs in Jammus Sidhra on Aug 17: Police. Any opposition to annulment of this retrograde provision, inherently antithetical to democracy and the uniform rule of law, therefore is scarcely understood but for political expediency. Read about our approach to external linking. Section 6 of J&K Constitution that derives its power from Article 35-A of Indian Constitution discriminates against women residents of the J&K state who marry a person from another state in India. The removing of Article 370 is in fact a good choice at the right time. The abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. By the abrogation of Article 370 Indians can now purchase property in Kashmir as a result the price of the land will increase and the local Kashmiris can lease out their land and can earn greater profits, educational opportunities will increase, the companies will come in the state to invest which will increase employment opportunities . Such an order, however, is to be preceded by the concurrence of J&K's Constituent Assembly. Removal of Article 370 would take back the special status from the state, allow citizens from across the country to settle and buy land in Jammu and Kashmir and subsume people of the state into the mainstream. The Parliament abrogated the special status given to the erstwhile state of Jammu and Kashmir under Article 370. Much to the chagrin of the Indian government, it has even been discussed informally by the UNSC at New York, at the prodding of China. They were not even allowed to even avail Bank loans. She is one-sided in her arguments. Finally, This abrogation of article 370 checkmates the Sharia Law which was implemented in J&K and enforced on women and Homosexuals. Article 370's abrogation from Kashmir: Good days ahead! Future generations will realise what a grave mistake this house is making today," he said. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. Let's explore all of them. Love podcasts or audiobooks? The government says this will bring development to the region. Article 370 was included in the Indian Constitution as a temporary provision for J&K. Articles 370 (1) (c) and 370 (1) (d) (which are relevant) deal with the applicability of the Indian Constitution to J&K. Article 370 (1) (c) states that Article 1 and Article 370 of the Constitution shall apply to J&K. Article 370 (1) (d) states that other . However another constitutional expert, AG Noorani, told BBC Hindi it was "an illegal decision, akin to committing fraud" that could be challenged in the Supreme Court. Although the Supreme Court of India Decriminalized section 377 of Indian Penal Code, it was not applied to J&K until after the abrogation of article 370 last year. It is certain to be resisted by a fair section of local populace initially and Pakistan and China, at the regional level. However, a sudden and well-planned attack from Pakistan in the form of local tribesmen, along with its army, changed the scenario dramatically. The other major powers, France, UK, Japan, Germany, EU, OIC, Israel all have good commercial/ strategic relations with India and none of them would like to disrupt their flourishing relationship. As a result private investment in developmental works was severely constrained No large industries developed in the state No major investment in Education, Health or Tourism Employment opportunities especially for youth remained restricted The 'abrogation' of Article 370 is difficult to digest for many in India, too. Mehbooba Mufti, a former chief minister, is protesting the loudest. Interestingly, while worldwide it has been given a color of being a bilateral dispute between India and Pakistan, the questionable silence of Indian government on the issue, is intriguing. Even, the Indian Penal Code was not applied in J&K as it had its own Penal code called Ranbir Penal Code. The State was now to be bifurcated into two union territories under the Jammu and Kashmir . Learn on the go with our new app. The . T he abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. The Constitution cannot be petrified, wrote Nehru in his response to protests by the Maharaja of Jaipur, Sawai Man Singh II over the abolition of the office of Rajpramukh that the former ruler of Jaipur was appointed to. Home Minister Amit Shah that the abrogation of Article 370 and 35A has brought changes in the state of Jammu and Kashmir. Quite astonishingly, it displays a severe dearth of diplomatic skills on part of Pakistan government. Advertisement Prabhash K Dutta Priyvrat is a writer, conservationist and a student of history. The debate over the action, therefore, must not be allowed to become one of constitutional propriety versus national interest, since both are mutually inclusive. While Jammu is Hindu Majority and Kashmir Valley is Muslim Majority apart from the Buddhist Majorty Ladakh another UT. Rajesh Kumar Sinha is a Librarian, South Eastern Railway, India. So irrespective of critical comments of many from legal fraternity in India, it looks like the government will not have a very tough legal battle ahead. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. The bill that's been introduced is for reorganisation, you've had reorganisation of Bihar, Madhya Pradesh, etc. Its affiliate wing ISI, will also have a great time in accessing unaccounted funds and spending on the never ending Kashmir struggle against enemy India. The War in Ukraine: Understanding and resisting the global elites deeper agenda, Kingdom of Norway and Saudi Arabia bilateral diplomatic relations, EU Today Russian Prisoners of War: Angola, Afghanistan, Ukraine - IEyeNews, CPEC: A Game Changer for Pakistans Energy Sector | Paradigm Shift, US Congress and the Armed Conflict in Ethiopia Counterpunch Eritrean Express News, US Congress and the Armed Conflict in Ethiopia CounterPunch 04:42, Congress Risks Prolonging the Ethiopian Civil War The American Conservative 00:10. "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. Every Supreme Court Judgement can be implied to J&K and will be just like any other State/Union Territory in India which can enjoy the full constitutional rights guaranteed by the Constitution of India. With respect to the former state's strategic position, the abrogation of Article 370 was the right move, if achieving normalcy in the region is the . They were denied every benefit of the State, right to education, right to buy property, right to vote, right to employment in the same state they were born. This constitutional provision calls for the issue of such an order in consultation with the Constituent Assembly or the State Government, in the absence of the same. And finally, with China-Pakistan Economic Corridor (CPEC) being fast tracked in Kashmir under Pakistans control, questions are certain to be raised if the wishes of people in that part of Kashmir have been taken before allowing China to exploit their natural and human resources. The issue covered by various media channels. "We went wrong in choosing India over Pakistan" she said. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. And so would have Jawaharlal Nehru! We have grown so used to the status quo that a change of this magnitude challenges our intellectual faculties. Save my name, email, and website in this browser for the next time I comment. This demand for repeal of article 370 has been repeatedly voiced by the BJP. Looking at the changes brought about in the past 12 months, Prakash states, it is obvious that the Union government has pulled out all the stops to ensure that everyone living in the two Union Territories would get a sense of the egalitarian principles that are firmly embedded in India's Constitution. Khans ramping up of rhetoric against India and Modi, in particular, could well give him some time and popular support as is evident in its media and other places. Second, he has some wonderful personal rapport with most of the world leaders who are unlikely to take an explicit stand against him. Soon after Indias Independence in 1947, many Valmiki and Gurkha communities moved to Jammu and Kashmir from Punjab on persuasion by Sheik Abdullah to work as scavenging workers. The dignity and respect of women were upheld. Interestingly, and on contrary, J&K constituent Assembly in 1981 with full majority passed a law, the J&K Resettlement Act, that led to open doors for those Kashmiris and their descendants who had migrated to Pakistan, or Persons of J&K (PoJ&K) during partition in 1947, to return to J&K as its legitimate citizens and take charge of their ancestral properties but the same POJ&K who were forced to cross Kashmir and settle in Jammu cannot get the Permanent Citizens. The Chinese remarks, by their UN representative talking of Indian action affecting their sovereignty, should be taken more seriously. [] Soviet spymasters: The limits of democracy and Nav [] CPECs Early Harvest scheme, energy projects are [] the US efforts over the past 1,5 year were even ma [] over the past year and a half have been even marke Nasal #COVID19 vaccines help the body prepare for infection right where it starts in your nose and throat https://t.co/2kQfMcvbtQ, Kims strategic patience and Xis security trap https://t.co/2pplUCKmc7 via @foreignpolicyns. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. The Constitution, like many religious books, isnt always immune to self-contradiction and thus any reading of it must never be void of the beneficent company of rational interpretation. Opposition political parties could launch a legal challenge but Kashmir is an emotive issue with many Indians, and most parties would be wary of opposing the move lest they be branded anti-India. P Chidambaram, a senior leader in the opposition Congress Party described the decision as a "catastrophic step" and warned in parliament that it could have serious consequences. A region located in the northern part of the Indian subcontinent administered by India from 1954 to 31 October 2019, giving it the power to have a separate constitution, a state flag, and autonomy over the state's internal administration. Conclusion:- Repealing Article 370 to develop the region is a good and bold step by the government. Rationally, there should be three parties to the Kashmir dispute-India, Pakistan and China. Kashmir, a Muslim-majority state was ruled by Hari Singh, a Hindu ruler who initially decided to maintain a sovereign kingdom of Kashmir. An important component of the agreement was to be a plebiscite to be held in Kashmir, ascertaining the views of the people if they wish to be part of India, Pakistan or remain independent. On 5 August 2019, the Government of India revoked the special status granted to Jammu and Kashmir under Article 370 of the Indian Constitution through a series of far-reaching measures. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge. The government then stunned everyone by saying it was revoking nearly all of Article 370, which 35A is part of and which has been the basis of Kashmir's complex relationship with India for some 70 years. This website is using a security service to protect itself from online attacks. China that made a part of Kashmir under its occupation, a part of its Xinjiang Uyghur Autonomous Region province, till recently enjoyed the dispute between the two south Asian neighbours. Despite the fact that J&K has 1% population of the entire India, Indian budget allocated over 10% of the budget funds to just J&K until 2019. In addition to democratic and constitutional inconsonance, and aggravation of the security challenge in the region, there occurred continual exploitation of Article 370 by dynasties that turned custodians of political power in Jammu and Kashmir. As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. The power to abrogate Article 370, which was originally vested in the 'Constituent Assembly of J&K' was effectively transferred to 'Parliament', via Constitution Order 272. At the time of Indian independence from the British rule in 1947, almost 600 princely states were part of India. The Pakistan Army, widely believed to be the real reason behind Khans accession, will also have an easy time. Using such abusive language against leader of the largest democracy in the world is simply put, short of any diplomatic art or finesse. Read about our approach to external linking. Introduction. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. But we must not hurry change in mindset Despite Modi govt's policies that have largely benefitted the masses, one incident in J&K could spark violence. Later, when the J&K Constituent Assembly created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. 2022 BBC. The BBC is not responsible for the content of external sites. Aware of the Modi regimes decisiveness and popularity, the Chinese seem more perturbed by the openquestioning of Aksai Chins status by India rather than keeping their all weather ally Pakistan, in good humour. Particular provisions or sentences cannot be read so as to defeat the basic enterprise of a united and constitutional nation. The mutation of Indias constitutional ethos caused by this provision precipitated in the only instance of large-scale ethnic cleansing in independent India. He said that women and other groups have got rights. Third, unlike its western neighbour, India is among the top two leading economies, a home of billion plus people with growing energy and other needs, a massive market to all the global producers who are certain to lobby their respective governments, against angering India. Now, Jammu and Kashmir no longer qualifies as a state and has become a union territory. China, in the midst of a trade war against the US, badly needs Indias support. Click to reveal Article 370 acted as an obstacle for Jammu and Kashmir's complete integration in India. Abrogation of Article 370 was long overdue. Although Maharaja Hari Singh signed the instrumentation of accede into India in 1947, the integration of Kashmir didnt happen until Aug 5th 2019. Hence unless a new Constituent Assembly was convened, Article 370(3) president was prevented from make any changes in Article 370. Article 370 (1) (b) provides various powers to the state government. Another less-talked part of Kashmir remains, under what India calls illegal occupation of China which occupied Aksai Chin (approximately 37,555 sq km), during the short border skirmish with India in 1962 and Shaksgam Tract, ceded by Pakistan to it in 1963. The great Abraham Lincoln, whose immortal lines from his famous Gettysburg address in 1863, of government of the people, by the people and for the people have attained meaning in popular imagination of being the very definition of democracy, would have supported the Narendra Modi governments move to abrogate Article 370 in philosophy- had he been alive. By repealing Article 370 of the constitution, people from the rest of India will now have the right to acquire property in occupied Kashmir and settle there permanently. Lemieux makes a generalised statement that national interest is, at best, meaningless, going on to state that national interest can only have an authoritarian meaning. Though not much came out of it, Chinese and Pakistani sides have been quick to show it as the vindication of their respective national stands while India, has maintained its cool, calling it as an internal affair of India.. The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The fear of Pakistan's interference in this controversial issue with India's restrained conciliatory approach has left the people in the valley in a situation of dangerous . For this, he was attacked by many of his contemporaries varyingly, as a tyrant who hoisted the banner of consolidation to destroy the rights of states, of heading a government of absolute despotism in Washington and making the people of the United States no longer a government of laws. J&Ks Special Status that came with Article 370 of Indian Constitution also attached with Article 35-A that gives special authority for J&K to define Permanent Citizens and provide special rights and privileges. If those Orders were to be treated as valid and legal, the use of Article 370 (3) by Central Government now, seems perfectly in order. 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