What's new

India's legislative actions in Jammu and Kashmir — legal or illegal?

temporary governor Is head of Legislative assembly

where is the Legislative Assembly??? its presidential rule right???? Temp Governor appointed by President right???

J&K has no part to play right....
you do not read??? just copy and paste???
 
.
where is the Legislative Assembly??? its presidential rule right???? Temp Governor appointed by President right???

J&K has no part to play right....
you do not read??? just copy and paste???
:crazy::crazy:
No governor Is head of Legislative assembly itself He Is Constructional head
Without him Legislative assembly can't make laws

Like President is head of Parliament

Without Governor there cannot be Legislative assembly itself As Governor is its Constitutional head of State itself

Every state has governor Appointment by President Which is its constitutional head

The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in his/her oath of office under Article 159 of the Indian constitution in the administration of the State affairs. All his/her actions, recommendations and supervisory powers (Article 167c, Article 200, Article 213, Article 355, etc.) over the executive and legislative entities of a State shall be used to implement the provisions of the Constitution. In this respect, the governor has many different types of powers:

  • Executive powers related to administration, appointments and removals,
  • Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
  • Discretionary powers to be carried out according to the discretion of the governor
 
.
:crazy::crazy:
No governor Is head of Legislative assembly itself He Is Constructional head
Without him Legislative assembly can't make laws

Like President is head of Parliament

Without Governor there cannot be Legislative assembly itself As Governor is its Constitutional head of State itself

Every state has governor Appointment by President Which is its constitutional head

The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in his/her oath of office under Article 159 of the Indian constitution in the administration of the State affairs. All his/her actions, recommendations and supervisory powers (Article 167c, Article 200, Article 213, Article 355, etc.) over the executive and legislative entities of a State shall be used to implement the provisions of the Constitution. In this respect, the governor has many different types of powers:

  • Executive powers related to administration, appointments and removals,
  • Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
  • Discretionary powers to be carried out according to the discretion of the governor


The Governor of Jammu & Kashmir who has been appointed by the Central government cannot take unilateral decisions without any consultation with the Legislative Assembly of the State. The Governor has to act as per the aid and advice of the Council of Ministers of the State. In the absence of Council of Ministers, the power exercised by the Governor of Jammu & Kashmir in giving concurrence to the Presidential Order is arbitrary and ultra vires the Basic Structure of the Constitution.
 
.
The Governor of Jammu & Kashmir who has been appointed by the Central government cannot take unilateral decisions without any consultation with the Legislative Assembly of the State
Who told You this ???

J&K Constitution article 1 States J&K is Integral state of India
WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR,

having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves—

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among us all;

FRATERNITY assuring the dignity of the individual and the unity of the nation;

IN OUR CONSTITUENT ASSEMBLY this seventeenth day
of November, 1956, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION."

—Preamble of Constitution of Jammu & Kashmir
Read Jammu & Kashmir constitution
 
Last edited:
.
Article 3 of the Indian constitution permits, through an act of the union parliament, alterations to the area comprised in a state. However, such a bill may be introduced in either house of parliament only on the recommendation of the president. The president may not make such recommendation without first having referred the proposed bill to the legislature of the state whose area is to be altered.

Article 370 was created to bind the state of Jammu and Kashmir to India in 1947, after Maharaja Hari Singh signed what was known as the Instrument of Accession. The article gave the region significant autonomy.

The state could have its own constitution, flag and make laws. New Delhi had control over matters of foreign affairs, defence and communications. Article 370 states that Article 1 of the Indian Constitution applies to Kashmir.

However, under the Indian constitution Article 370 cannot be amended without the approval of the constitutent assembly. Article 370(3) states that “ … the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify, provided that the recommendation of the Constituent Assembly of the State … shall be necessary before the President issues such a notification.”

Basic requirement to make any changes to J&K status is, "recommendation of the Constituent Assembly of the State … shall be necessary before the President issues such a notification.”

Now when there is no constituent Assembly and J&K is under presidential rule, and India pass any resolution with 1000% votes without any consultation, recommendation and approval from J&K, its unilateral decision breaching the basic requirement of " recommendation of the Constituent Assembly of the State … shall be necessary before the President issues such a notification.”

Again same question,

New Delhi said all the changes were agreed to by the state government.

How????? which state Govt.?????





Who told You this ???

J&K Constitution article 1 States J&K is Integral state of India
WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR,

having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves—

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among us all;

FRATERNITY assuring the dignity of the individual and the unity of the nation;

IN OUR CONSTITUENT ASSEMBLY this seventeenth day
of November, 1956, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION."

—Preamble of Constitution of Jammu & Kashmir
Read Jammu & Kashmir constitution
 
.
Article 3 of the Indian constitution permits, through an act of the union parliament, alterations to the area comprised in a state. However, such a bill may be introduced in either house of parliament only on the recommendation of the president. The president may not make such recommendation without first having referred the proposed bill to the legislature of the state whose area is to be altered.

Article 370 was created to bind the state of Jammu and Kashmir to India in 1947, after Maharaja Hari Singh signed what was known as the Instrument of Accession. The article gave the region significant autonomy.

The state could have its own constitution, flag and make laws. New Delhi had control over matters of foreign affairs, defence and communications. Article 370 states that Article 1 of the Indian Constitution applies to Kashmir.

However, under the Indian constitution Article 370 cannot be amended without the approval of the constitutent assembly. Article 370(3) states that “ … the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify, provided that the recommendation of the Constituent Assembly of the State … shall be necessary before the President issues such a notification.”

Article 35 in The Constitution Of India 1949

35. Legislation to give effect to the provisions of this Part Notwithstanding anything in this Constitution,
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws
(i) with respect to any of the matters which under clause ( 3 ) of Article 16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub clause

In this post, I will attempt to break down the constitutional changes to Article 370, and highlight some key legal issues surrounding them. In essence, to understand what has happened today, there are three important documents. At the heart of everything is Presidential Order C.O. 272, which constitutes the basis for everything that follows. The second is a Statutory Resolution introduced in the Rajya Sabha, which – invoking the authority that flows from the effects of Presidential Order C.O. 272 – recommends that the President abrogate (much of) Article 370. The third is the Reorganisation Bill, that breaks up the state of Jammu and Kashmir into the Union Territories of Ladakh (without a legislature) and Jammu and Kashmir (with a legislature).

To understand the legal issues, we need to begin with the language of unamended Article 370. . Under Article 370(1)(d), constitutional provisions could be applied to the state from time to time, as modified by the President through a Presidential Order, and upon the concurrence of the state government (this was the basis for the controversial Article 35A, for example). Perhaps the most important part of 370, however, was the proviso to clause 3. Clause 3 itself authorised the President to pass an order removing or modifying parts of Article 370. The proviso stated that:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

In other words, therefore, for Article 370 itself to be amended, the recommendation of the Constituent Assembly of Jammu and Kashmir was required. Now, the Constituent Assembly of the state ceased functioning in 1957. This has led to a long-standing debate about whether Article 370 has effectively become permanent (because there is no CA to give consent to its amendment), whether it would require a revival of a Jammu and Kashmir CA to amend it, or whether it can be amended through the normal amending procedure under the Constitution.

C.O. 272, however, takes an entirely different path. C.O. 272 uses the power of the President under Article 370(1) (see above), to indirectly amend Article 370(3), via a third constitutional provision: Article 367. Article 367 provides various guidelines about how the Constitution may be interpreted. Now, C.O. 272 adds to Article 367 an additional clause, which has four sub-clauses. Sub-clause 4 stipulates that “in proviso to clause (3) of Article 370 of this Constitution, the expression ‘Constituent Assembly of the State referred to in clause (2)” shall read “legislative Assembly of the State.”

In other words, this is what has happened. Article 370(1) allows the President – with the concurrence of the government of Jammu and Kashmir (more on that in a moment) – to amend or modify various provisions of the Constitution in relation to Jammu and Kashmir. Article 370(3) proviso states that Article 370 itself is to be amended by the concurrence of the Constituent Assembly. C.O. 272, therefore, uses the power under 370(1) to amend a provision of the Constitution (Article 367) which, in turn, amends Article 370(3), and takes out the Constituent Assembly’s concurrence for any further amendments to Article 370. And this, in turn, becomes the trigger for the statutory resolution, that recommends to the President the removal of (most of) Article 370 (as the Constituent Assembly’s concurrence is no longer required).
 
. .
An extremely entertaining useless discussion from Pakistani point of view.
yes I agree.

What I should do now???

India’s colossal blunder in Kashmir
August 8, 2019 5.04pm EDT
Author
  1. Ayesha Ray

    Associate Professor, Department of Political Science, King's College
Disclosure statement
Ayesha Ray does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Partners
View all partners

Republish this article
Republish our articles for free, online or in print, under Creative Commons license.

Email
In a stunningly dangerous, undemocratic and secretive move, Indian Prime Minister Narendra Modi and his government repealed Articles 370 and 35a of the Indian Constitution using a presidential order. The government failed to involve all stakeholders in the restive state of Jammu and Kashmir before making its move.

What’s known as President’s Rule in India — the suspension of state government and imposition of direct central government rule in a state — was imposed in Jammu and Kashmir in December 2018. It was used as the rationale to stealthily push through this latest policy in parliament.

Since there’s no legislative assembly in Jammu and Kashmir, the Modi government and Minister of Home Affairs Amit Shah cleverly used Article 367 to make the argument that any changes to the status of the state could be considered legitmate under presidential decree.

Article 370 was created to bind the state of Jammu and Kashmir to India in 1947, after Maharaja Hari Singh signed what was known as the Instrument of Accession. The article gave the region significant autonomy.

The state could have its own constitution, flag and make laws. New Delhi had control over matters of foreign affairs, defence and communications. Article 370 states that Article 1 of the Indian Constitution applies to Kashmir.

However, under the Indian constitution Article 370 cannot be amended without the approval of the constitutent assembly. Article 370(3) states that “ … the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify, provided that the recommendation of the Constituent Assembly of the State … shall be necessary before the President issues such a notification.”

Without any warning, India’s parliament in New Delhi increased troop levels, arrested elected representatives and effectively imprisoned approximately eight million Kashmiris. Indian parliament divided the state into two separate Union Territories — Ladakh, without a legislature, and Jammu and Kashmir, with a legislature.

Read more: Kashmir conflict is not just a border dispute between India and Pakistan

In the days since this draconian measure was passed, Kashmir remains under lockdown, effectively under siege, with a heavy military presence and no sign of normalcy. This development will likely have disastrous consequences for India and the region.

Unilateral action
This recent move was made without deliberating with Kashmir’s representatives. The Modi government’s decision to turn a state into a union territory in a single unilateral stroke, without seeking the approval of all Kashmiris, carries serious legal ramifications and constitutional questions.

Does revoking Article 370 make Jammu and Kashmir an independent state? And in that case, does it make India an occupier? Because as long as Article 370 was tied to the Indian Constitution, India could still maintain its legitimate claims to Kashmir.

Absent this article, there’s now a question mark on India’s legal claim to Kashmir. Another legal snag the government is likely facing is that Article 370 was considered a temporary provision only to be changed or amended by the Jammu and Kashmir Constituent Assembly. However, this assembly was dissolved in 1957, effectively making Article 370 permanent.

In 2018, the Indian Supreme Court further stated that Article 370 had acquired permanent status, making its abolition almost impossible.

Security
Second, this terribly ill-conceived step emboldens Pakistan’s claims to Kashmir. It plays right into the hands of terrorist groups like Hizbul Mujahideen, Lashkar-e-Taiba and al Qaida’s local unit, Ansar Ghazwat-ul-Hind, providing them with the ideal cause to radicalize Kashmiri youth.

By holding its own citizens hostage, the Modi government has turned previously pro-India Kashmiris against India. From a national security perspective, this is a stunningly ill-advised and appalling step.

Further, the Modi government has repealed Article 370 on grounds that “integration” of Jammu and Kashmir is the goal to bring peace, stability and economic prosperity in the region. Contrary to the stated objective, the evidence proves otherwise.

Now that Kashmir is a union territory of India, will it still be treated separately from the rest of India with a continued massive military presence remaining in the state? The case for integration, peace and prosperity cannot be made through brute force.

But that’s exactly what the Modi government has accomplished. As far as development is concerned, who will invest in a heavily militarized region?

Hindu nationalism
Fourth, revoking Article 370 has always been part of the Bharatiya Janata Party’s (BJP) manifesto. Essentially, the party’s intent to revoke Article 370 is to redress the wrongs done to Kashmiri Pandits, the Hindu minority that was ethnically cleansed at the start of the Kashmir insurgency against the Indian government that began in the late 1980s. While Pandits are well within their rights to ask for resettlement, this latest order aims to accomplish the insidious goal of creating a predominantly Hindu majoritarian state.

Revoking Articles 370 and 35a will now allow any Indian to reside in the state. This will potentially change the demographics heavily in favour of India’s Hindu majority.

The failure to include Kashmiri Muslims in deliberations and discussions on the matter will prove costly, and there will likely be catastrophic consequences for India. There is no reason for Kashmiri Muslims to trust India ever again. Violence, rebellion, dark days and a war with Pakistan are, in all likelihood, on the near horizon as a result of India’s latest move against Kashmiris.

https://theconversation.com/indias-colossal-blunder-in-kashmir-121657
 
. . . .
Article 35 in The Constitution Of India 1949

35. Legislation to give effect to the provisions of this Part Notwithstanding anything in this Constitution,
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws
(i) with respect to any of the matters which under clause ( 3 ) of Article 16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub clause

In this post, I will attempt to break down the constitutional changes to Article 370, and highlight some key legal issues surrounding them. In essence, to understand what has happened today, there are three important documents. At the heart of everything is Presidential Order C.O. 272, which constitutes the basis for everything that follows. The second is a Statutory Resolution introduced in the Rajya Sabha, which – invoking the authority that flows from the effects of Presidential Order C.O. 272 – recommends that the President abrogate (much of) Article 370. The third is the Reorganisation Bill, that breaks up the state of Jammu and Kashmir into the Union Territories of Ladakh (without a legislature) and Jammu and Kashmir (with a legislature).

To understand the legal issues, we need to begin with the language of unamended Article 370. . Under Article 370(1)(d), constitutional provisions could be applied to the state from time to time, as modified by the President through a Presidential Order, and upon the concurrence of the state government (this was the basis for the controversial Article 35A, for example). Perhaps the most important part of 370, however, was the proviso to clause 3. Clause 3 itself authorised the President to pass an order removing or modifying parts of Article 370. The proviso stated that:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

In other words, therefore, for Article 370 itself to be amended, the recommendation of the Constituent Assembly of Jammu and Kashmir was required. Now, the Constituent Assembly of the state ceased functioning in 1957. This has led to a long-standing debate about whether Article 370 has effectively become permanent (because there is no CA to give consent to its amendment), whether it would require a revival of a Jammu and Kashmir CA to amend it, or whether it can be amended through the normal amending procedure under the Constitution.

C.O. 272, however, takes an entirely different path. C.O. 272 uses the power of the President under Article 370(1) (see above), to indirectly amend Article 370(3), via a third constitutional provision: Article 367. Article 367 provides various guidelines about how the Constitution may be interpreted. Now, C.O. 272 adds to Article 367 an additional clause, which has four sub-clauses. Sub-clause 4 stipulates that “in proviso to clause (3) of Article 370 of this Constitution, the expression ‘Constituent Assembly of the State referred to in clause (2)” shall read “legislative Assembly of the State.”

In other words, this is what has happened. Article 370(1) allows the President – with the concurrence of the government of Jammu and Kashmir (more on that in a moment) – to amend or modify various provisions of the Constitution in relation to Jammu and Kashmir. Article 370(3) proviso states that Article 370 itself is to be amended by the concurrence of the Constituent Assembly. C.O. 272, therefore, uses the power under 370(1) to amend a provision of the Constitution (Article 367) which, in turn, amends Article 370(3), and takes out the Constituent Assembly’s concurrence for any further amendments to Article 370. And this, in turn, becomes the trigger for the statutory resolution, that recommends to the President the removal of (most of) Article 370 (as the Constituent Assembly’s concurrence is no longer required).

This is what i am saying all the time.

Modi is a sneaky B@st@rd making all the changes to commit a constitutional fraud, because legally he can not do it.

I always chant:

Modi ki maan ..............
paap lagay ga.....
Modi te ay e yaddi da ay....nothign can affect him.

Article 370: What happened with Kashmir and why it matters
  • 6 August 2019
Related Topics
_108198523_gettyimages-1159882625.jpg
Image copyrightGETTY IMAGES
Image captionThere have been protests both for and against the decision
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 BBC's Geeta Pandey in Delhi explains why this has happened and why it's important.

Why is Kashmir controversial?
Kashmir is a Himalayan region that both India and Pakistan say is fully theirs.

The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 when the sub-continent was divided up at the end of British rule.

India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed.

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.

What's happened now?
In the first few days of August, there were signs of something afoot in Kashmir.

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.

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 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.

_105660749_kashmir_map624.png

_105914179_blank_white_space-nc.png

How significant is Article 370?
The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. Foreign affairs, defence and communications remained the preserve of the central government.

As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. It could also bar Indians from outside the state from purchasing property or settling there.

The constitutional provision has underpinned India's often fraught relationship with Kashmir, the only Muslim-majority region to join India at partition.

Why did the government do it?
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 manifesto.

They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge.

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.

_108194432_gettyimages-956174870.jpg
Image copyrightGETTY IMAGES
Image captionIndia has had a fraught relationship with Kashmir for decades
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.

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 move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan.

What's changed on the ground?
Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state.

All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there.

The government says this will bring development to the region.

_108213905_gettyimages-1159882482.jpg
Image copyrightGETTY IMAGES
Image captionHindu rightwing groups have welcomed the move
"I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. "It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place."

The government is also moving to break up the state into two smaller, federally administered territories. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet.

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.

"You may think you have scored a victory, but you are wrong and history will prove you to be wrong. Future generations will realise what a grave mistake this house is making today," he said.

p06w6w82.jpg


Media captionWhy did 2018 see more violence in Indian-administered Kashmir?
Is this all legal?
According to the constitution, Article 370 could only be modified with the agreement of the "state government". But there hasn't been much of a state government in Jammu and Kashmir for over a year now.

In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. This meant the federal government only had to seek the consent of the governor who imposes its rule.

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.

But expert opinion is sharply divided.

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".

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.

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.

That could leave any challenge up to individuals or activists.

 
.
Modi is a sneaky B@st@rd making all the changes to commit a constitutional fraud, because legally he can not do it.


paap lagay ga.....
Modi te ay e yaddi da ay....nothign can affect him.

Article 370: What happened with Kashmir and why it matters
  • 6 August 2019
Related Topics
_108198523_gettyimages-1159882625.jpg
Image copyrightGETTY IMAGES
Image captionThere have been protests both for and against the decision
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 BBC's Geeta Pandey in Delhi explains why this has happened and why it's important.

Why is Kashmir controversial?
Kashmir is a Himalayan region that both India and Pakistan say is fully theirs.

The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 when the sub-continent was divided up at the end of British rule.

India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed.

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.

What's happened now?
In the first few days of August, there were signs of something afoot in Kashmir.

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.

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 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.

_105660749_kashmir_map624.png

_105914179_blank_white_space-nc.png

How significant is Article 370?
The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. Foreign affairs, defence and communications remained the preserve of the central government.

As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. It could also bar Indians from outside the state from purchasing property or settling there.

The constitutional provision has underpinned India's often fraught relationship with Kashmir, the only Muslim-majority region to join India at partition.

Why did the government do it?
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 manifesto.

They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge.

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.

_108194432_gettyimages-956174870.jpg
Image copyrightGETTY IMAGES
Image captionIndia has had a fraught relationship with Kashmir for decades
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.

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 move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan.

What's changed on the ground?
Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state.

All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there.

The government says this will bring development to the region.

_108213905_gettyimages-1159882482.jpg
Image copyrightGETTY IMAGES
Image captionHindu rightwing groups have welcomed the move
"I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. "It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place."

The government is also moving to break up the state into two smaller, federally administered territories. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet.

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.

"You may think you have scored a victory, but you are wrong and history will prove you to be wrong. Future generations will realise what a grave mistake this house is making today," he said.

p06w6w82.jpg


Media captionWhy did 2018 see more violence in Indian-administered Kashmir?
Is this all legal?
According to the constitution, Article 370 could only be modified with the agreement of the "state government". But there hasn't been much of a state government in Jammu and Kashmir for over a year now.

In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. This meant the federal government only had to seek the consent of the governor who imposes its rule.

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.

But expert opinion is sharply divided.

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".

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.

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.

That could leave any challenge up to individuals or activists.

And Why I Take this Opinionated blog as Gospel ???

There Is various counter aruments

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".

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.


So Its Divided Opnion Interpretation Can Be made

By Any Lawyers what they want

Lets She What SC State its judgement Which Still 5-6 years Away If Govt Push it Will take decade or So Like Ram mandir issue

:enjoy::enjoy:


 
. .
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".
this opinion is based upon the criminal amendments made/passed in the constitution to support the illegal amendments.

You can enjoy the criminal delays of SC to support this constitutional fraud.

What has your response to do with my post, which you quoted?:o::o::o:
He does not read anything, he is just a copy paste troll.
 
.

Pakistan Affairs Latest Posts

Country Latest Posts

Back
Top Bottom