Article. 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. To Lincoln, who led the United States through its most difficult phase in history, the provision and vision of the constitution rested upon the premise of service to, and to benefit of, his nation. 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. Rationally, there should be three parties to the Kashmir dispute-India, Pakistan and China. 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. 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. 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. 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. Apart from this, the Federal Government has a much higher vision in making J&K as a Tourist hub which is pivotal for its wealth generation. Fourth, India under Modi has politically and militarily become more powerful and is ready and willing to take recourse to new challenges and strategies. Indian forces reached Kashmir and a protracted battle, lasting October, 1947 to January, 1949 finally led to a ceasefire agreement under the UN auspices. 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. Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. After revocation of Article 370, the army launched a special initiative called "Mission Reach Out" to provide assistance to the. 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. Before jumping to a conclusion, it is important to have a basic understanding of the genesis of this contentious constitutional provision. However, it sees Indian action in Kashmir as affecting its position in Ladakh when the two sides meet on border dispute in the next few weeks. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. The Federal Government prior to COVID had planned for a Global investor summit 2020 in J&K to attract investors and propel the business opportunities to local youth and help them to empower themselves with skills. Read about our approach to external linking. Also, now no special powers or perks are given to the citizens of J&K and they are treated like any other citizen of India. 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. 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. Interestingly, these communities apart from Dalit Hindus were never given Permanent Resident Certificate (PRC) by J&K state. You can email the site owner to let them know you were blocked. 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. 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. 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. 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. 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. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. 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. 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". Article 370 is under part XXI of temporary and transitional provisions. 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. PERSONALITY TEST PROGRAMME 2019 (Current Affairs Interview Issues) ABROGATION OF SPECIAL STATUS UNDER ARTICLE 370. Performance & security by Cloudflare. 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. To be precise, Article 370 of the Constitution of India [1], provided special status to Jammu & Kashmir. 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. In 1947 at the time of independence the Indian sub continent was partitioned on . Now, Jammu and Kashmir no longer qualifies as a state and has become a union territory. 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 . He said that the . Abrogation of article 370 Article 370 of the Indian Constitution established a different constitution for Jammu and Kashmir in its original version and reduced the parliament's law-making power over the state. The law should be the same for everyone. The dignity and respect of women were upheld. The abrogation of article 370 of the constitution that would terminate Kashmir's special status compared to other states in its 1st schedule of our constitution. At that time, two-thirds of the Kashmir territories were under Indian control while rest, one-third was under the control of Pakistan. 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 . However, a few exceptions exist for laws related to defense, foreign affairs, finance, and internal & external communications. The Parliament abrogated the special status given to the erstwhile state of Jammu and Kashmir under Article 370. 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. Here are the five key reasons why abrogation of article 370 is much needed legislation for India. The union territory of Ladakh too, will join in the other parts of India as a terror-free tourism hot spot for global tourists. The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of Indias democracy, constitution and national integrity. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. This meant the federal government only had to seek the consent of the governor who imposes its rule. 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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. Love podcasts or audiobooks? While assuring support on the Afghanistan issue, it will continue to link it to Kashmir and demand direct or indirect mediation. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them Thus, the abrogation of article 370 also abrogates the article 35-A and Gender Equality is much preserved as per the Article 14 of Indian Constitution. The unprecedented lockdown, localising trouble-spots and gradual easing of the restrictions are part of the new strategy. Conclusion:- Repealing Article 370 to develop the region is a good and bold step by the government. The Pakistan Army, widely believed to be the real reason behind Khans accession, will also have an easy time. 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 . UK apart, one from its continued colonial hangover where some of its leaders feel that they have a role in sorting out Kashmir issue and the current state of turmoil in British polity, may induce it to make some remarks which are unlikely to be given much significance by the Indian establishment. The August 16 telephonic call to Trump by Imran Khan, just before the UNSC informal meet on Kashmir, is another indication that Pakistan will continue to keep the tempo high on the issue. 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. 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. Without Article 370, the above discussions were automatically ceased. At no point of time, Pakistan removed its forces from Kashmir and on the contrary, carved Gilgit and Baltistan, part of the Kashmir under its occupation into Northern Territories. The Parliament or more precisely, the Legislature, can amend the Constitution for abrogation of Article 370. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge. 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. 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. Article 370 (1) (b) provides various powers to the state government. While the legality of the move appears well catered to due to the natural state of Jammu and Kashmir being integral to India, and the unquestionable primacy of the parliament of India in framing laws of the land, it is its logic which is more pressing, and the opposition to which by some, more distressing. The debate over the action, therefore, must not be allowed to become one of constitutional propriety versus national interest, since both are mutually inclusive. 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. 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. 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. The mutation of Indias constitutional ethos caused by this provision precipitated in the only instance of large-scale ethnic cleansing in independent India. 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. 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. 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. 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. Thus, this Article 35-a is much draconian and violates the article 14 of Indian Constitution values of Gender Equality and human rights. It could also bar Indians from outside the state from purchasing property or settling there. Second, he has some wonderful personal rapport with most of the world leaders who are unlikely to take an explicit stand against him. 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 . 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. Not limited to this, about 7 regional medical colleges were allotted in J&K and Ladakh and as well modernizing the medical facilities in Government hospitals in J & K. As per the Prime Ministers directive premier colleges like IIT and IIMs are set up in Jammu and Kashmir and the construction is underway to promote higher education and right to education for men and women. Read about our approach to external linking. 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 theft of a religious relic - the Moi-e-Muqqdas - from the Hazratbal shrine triggered discontent amongst the people, and they took to the streets . We must remember that conditions and circumstances change and with the change in times constitutions too change. 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.. This step will help in integrating the Jammu & Kashmir region with the rest of India. 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 a televised address to the nation on the August 8, Narendra Modi in explaining the BJP's latest step said that Article 370 was being used as a weapon to wield terrorism, and that the "historic . 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. One, that instead of serving the people of J&K as was being claimed by. 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. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. 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. Learn on the go with our new app. Not Limited to this, Gays, Bisexuals and Transgenders are legally punishable as per Ranbir Penal Code and a criminal offense to be a Homosexual. Pakistan which should have retaliated either directly or indirectly after the Surgical Strike and Air Strike, failed to do so. 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. Even though the former CIC who served as a bureaucrat in the Valley when the separatist movement was at its peak accepted Article 370 was an "irritant" as it denied benefits to J&K residents that were granted to other state residents, he said that the abrogation should have followed a consultative process with the people. However, the government has used Article 370 (3) as a Presidential Order to abrogate this contentious provision. 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. 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 after generations passed, these people were treated as second grade citizens. Yes, Article 370 (3) permits deletion by a Presidential Order. This presents a conundrum to the opponents of the move- first in pressing for interpretation while looking at the constitution of J&K in linking it to Article 370, and then in opposing interpretation while pressing for letter of the law of the Indian constitution in an attempt to de-link it from its right to remove it. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. 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. The 'modernisation' project of building the Kashi corridor has resulted in the unabated destruction of centuries-old temples and their surrounding areas. 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. The State was now to be bifurcated into two union territories under the Jammu and Kashmir . Abrogation of Article 370 was long overdue. 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. 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. 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. The article granted a special status to Jammu and Kashmir. 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. 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 . 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. 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. Introduction. 1964: An attempt at abrogation makes clear why Article 370 was retained In December 1963, the streets of Srinagar witness a popular uprising of a magnitude not seen since before independence. Is Beijings grip on Malaysia and the region inevitable? Tens of thousands of additional Indian troops were deployed, a major Hindu pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave, telephone and internet services were suspended and regional political leaders were placed under house arrest. At the time of Indian independence from the British rule in 1947, almost 600 princely states were part of India. Even, the Indian Penal Code was not applied in J&K as it had its own Penal code called Ranbir Penal Code. There are many such issues which Pakistan is neither capable of dealing in or responding to. Rajesh Kumar Sinha is a Librarian, South Eastern Railway, India. 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. This website is using a security service to protect itself from online attacks. 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. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to people of. He said that women and other groups have got rights. Pakistan is going through its worst time economically, diplomatically and also its defenses too are not in sound track. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. Using such abusive language against leader of the largest democracy in the world is simply put, short of any diplomatic art or finesse. Why did the government do it? She is one-sided in her arguments. Abrogation of Article 370 has opened J&K to investors and even FDIs. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. Quite astonishingly, it displays a severe dearth of diplomatic skills on part of Pakistan government. The issue covered by various media channels. However, foreign affairs defence and communications remained with the central government. 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. Apart from this, It impede the corporate sector to invest , buy immovable property or set up an industry in J&K. 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. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. 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. India's government has revoked part of the constitution that gives Indian-administered Kashmir special status, prompting fears of unrest. 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. ABROGATION OF ARTICLE 370. The Indian parliament could make laws for J&K with extremely limited areas of jurisdiction. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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 acted as an obstacle for Jammu and Kashmir's complete integration in India. US-China conflict: Relational patterns of the past, reflecting the present? Hari Singh was forced to seek help from India and Patel compelled him to sign an Instrument of Accession with India. This is one part of the story that has not been properly attended to by the world media. In SBI vs. Santosh Gupta (2016), the Supreme Court held that because India's Constitution is superior to J&K's, Parliament had legislative authority to enact the provisions. The BBC is not responsible for the content of external sites. . "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. Save my name, email, and website in this browser for the next time I comment. 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. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. Introduction. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. One positive fallout of Article 370 abrogation is that the people of Kashmir have realised three very important things. Article 370 was enacted in 1954 and was a recommendation made by the Jammu and Kashmir constituent assembly. This type of special provisions for J&K directly violates the Preamble of Constitution and territorial integrity of India. We have grown so used to the status quo that a change of this magnitude challenges our intellectual faculties. What are the consequences of abrogation? Can the United States legally justify an attack against Iran? The precarious state of the Pakistan economy is another factor that needs attention. In the first few days of August, there were signs of something afoot in Kashmir. 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. Using Section 6 of J&K constitution, it invokes the article 35-a and categorizes the permanent citizens. Article 370 is sensitive because it guarantees significant . The historic decision set off a major political as well as social makeover of the region, which had enjoyed special rights since Independence. Using this article 35-a, J&K discriminated against Non Permanent residents as second grade citizens. To attend to the case at hand, the abrogation of Article 370 is a case much simpler. 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. How social stigmas contributed to the spread of monkeypox, Echoes of the Balkans: Bringing faith and media together as a prerequisite for peace, Russia Relegated to the second-division of military powers, We must summon strategic resolve to nix No-limits China-Russia nexus, Sino-Russian cooperation threatens U.S. interests allies or not, Beijings scramble for soft power resurrection, Why India and Pakistan need to leverage their cultural rituals to kick start arms control talks. As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. 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. It can be well understood that National interest cannot be invoked loosely or ubiquitously to countermand constitutional provisions. 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. 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. And on many occasions, the state was under the Presidential Rule. 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. 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 . 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. 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. Hence unless a new Constituent Assembly was convened, Article 370(3) president was prevented from make any changes in Article 370. In spite of repeated portrayal of Modi as a leader of Hindu nationalist party, in domestic and global media and by Pakistani PM Khan and his ministers, the entire Arab world has maintained a studied silence on the Article 370 issue whereas UAE has explicitly described it as an internal affair of India. The UNSC has snubbed Pakistan by even refusing to talk about the informal meeting and by not maintaining any minutes or repertoire or talking to media, about it, irrespective of repeated efforts of China. 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. 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. The debate over the action, therefore, must not be allowed to become one of constitutional propriety versus national interest, since both are mutually inclusive. After the abrogation of Article 370, the . The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 soon after the sub-continent was divided up at the end of British rule. 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 . The US has its priority on withdrawal of its troops from Afghanistan. In the midst of economic difficulties, it will again have a natural reason for enhanced funding from stretched national resources. Although Maharaja Hari Singh signed the instrumentation of accede into India in 1947, the integration of Kashmir didnt happen until Aug 5th 2019. 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. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. This is again a violation of Article 14 of Indian Constitution. China, in the midst of a trade war against the US, badly needs Indias support. 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. 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 government says this will bring development to the region. 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.. However, if the situation is handled effectively, both inside the state as well as on the Pakistani infiltration front, as the first fortnight has shown, very soon the Indian state of Jammu & Kashmir may witness fresh elections for a new legislative assembly and usher in an era of peace, progress and prosperity. There have been localised troubles but contrary to popular apprehension and unabated propaganda from Pakistan, by and large the atmosphere has remained peaceful. Kashmiris as well as. 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. 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. Santosh Gupta, the court held that the J&K is a quasi-federal structure of the Indian Constitution. A virtually bankrupt economy with PM Khan, rushing from Saudi Arabia, UAE to China and IMF in search of loans and bailouts, rising inflation and declining confidence of common people in the government, Kashmir is turning out to be a good diversion for the government. 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. 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. The Congress could not have taken steps such as construction of the Ram temple, the surgical strike or the abrogation of Article 370 because it does not care for the country's security or the . Particular provisions or sentences cannot be read so as to defeat the basic enterprise of a united and constitutional nation. They were not even allowed to even avail Bank loans. On the Pakistan front, the country that seems to have gone hyper since the declaration made on 5thAugust from the President, Prime Minister Khan to media, film actors to professionals to cricketers to terrorists, all suddenly seem to have gone berserk. 210.114.1.90 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. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. Thus, Every law that was framed in Indian parliament automatically applies to J&K and Ladakh. 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. 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. That could leave any challenge up to individuals or activists. Critics of Monday's move are linking it to the economic slowdown that India is currently facing - they say it provides a much-needed diversion for the government. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. The compliance of these conditions was to be followed by a plebiscite. 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. However, a sudden and well-planned attack from Pakistan in the form of local tribesmen, along with its army, changed the scenario dramatically. Because of its historical significance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. 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. With Article 370, prior Aug 2019, J&K Citizens had Dual Citizenship ( J&K citizen & Indian Citizen). Article 370's abrogation from Kashmir: Good days ahead! "The Parliament is exercising the power of the state legislature. 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. 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. Because of its historical signicance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. The foreign minister Qureshi openly suggesting that Nehrus India (his party the Indian National Congress) would have been much better than Modi. The presidential order by the Indian government has much in common with actions of other political thinkers from across the world. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. 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. 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