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

[cerberus]

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

How Its Criminal When its passed by parliament

Yes It constitutional Loophole But its Sound Legal under 367

It is passed By President Of India Supreme authority in Indian constitution
Passed by both Houses of Parliament

If Parliament don't have authority Then our Constitution itself is Criminal as it is passed by same parliament

Same Constitution Gives Power of 356


Article 356 in The Constitution Of India 1949
356. Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts


This The Same provision Used by Indra Gandhi To State National Emergency of 1975

He does not read anything, he is just a copy paste troll.

Same goes to you Who though governor of a state is Temporary teaching Indians About there Own Constitution
Making your own interpretation

 

[SIPRA]

He does not read anything, he is just a copy paste troll.

Modi has successfully converted the whole Indian nation into trolls. Don't waste your time in writing long posts. My advice would be to counter troll them with one/two liners.

 

[undercover JIX]

How Its Criminal When its passed by parliament

Yes It constitutional Loophole But its Sound Legal under 367

It is passed By President Of India Supreme authority in Indian constitution
Passed by both Houses of Parliament

If Parliament don't have authority Then our Constitution itself is Criminal as it is passed by same parliament

Same Constitution Gives Power of 356


Article 356 in The Constitution Of India 1949
356. Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts


This The Same provision Used by Indra Gandhi To State National Emergency of 1975


Same goes to you Who though governor of a state is Temporary teaching Indians About there Own Constitution
Making your own interpretation

it is illegal and constitutional fraud because it is passed by central parliament after dissolving elected legislative assembly and under presidential rule. and because of fraudulent amendments to give power to Parliament which is against the Indian 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.”

Modi has successfully converted the whole Indian nation into trolls. Don't waste your time in writing long posts. My advice would be to counter troll them with one/two liners.

I am reaching to that state now.
we have a Indian constitution expert in the house so want to see what Modi tricks he has.

 

[cerberus]

it is illegal and constitutional fraud because it is passed by central parliament after dissolving elected legislative assembly and under presidential rule. and because of fraudulent amendments to give power to Parliament which is against the Indian constitution,

Its you Interpretation

Govt Has It own that Why they have Law Minster And Attorney journal

Say Who When its Signed by President of India

Congess Dissolved 17 state Govt in 1984 After it came to power there To many precedent
Which govt can quote in Supreme court

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.

Its Was Created in 1954 has nothing to do With Instrument of Accession Next

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.”

Read Article 367 And 356 B

 

[undercover JIX]

Its you Interpretation

Govt Has It own that Why they have Law Minster And Attorney journal

Say Who When its Signed by President of India

Congess Dissolved 17 state Govt in 1984 After it came to power there To many precedent


Its Was Created in 1954 has nothing to do With Instrument of Accession Next

Read Article 367

no amount of copy paste justification can make this constitutional fraud legal.

 

[cerberus]

no amount of copy paste justification can make this constitutional fraud legal.

Say Who ????

What President of india is illegal ??

Parliament Is Illegal ???

Read Article 356 B


356. Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;There Goes your assembly clause

 

[undercover JIX]

356. Provisions in case of failure of constitutional machinery in State

read it again, not when Assembly dissolved and presidential rule extended indefinitely after 6 months, instead of reelections.

intentional criminal behaviour, re election is required for the constitutional machinery to be available to carry on it its constitutional functions.

 

[cerberus]

read it again, not when Assembly dissolved and presidential rule extended indefinitely after 6 months, instead of reelections.

You read it again it Clearly State

356. Provisions in case of failure of constitutional machinery in State Means dissolved or president rule

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;There Goes your assembly clause

This not for 6 months but Indefinite Same clause was used by indra Gandhi to declare National emergency for 2 years india from 1975-77

 

[undercover JIX]

other than the Legislature of the State;

and what this criminal President and Modi did? change the state and center constitution to achieve his fraudulent criminal motives.

 

[cerberus]

and what this criminal President and Modi did? change the state and center constitution to achieve his fraudulent criminal motives.

Missed B claused
(b) declare that the powers of the Legislature of the State shall be exercisable
(by) or under the authority of Parliament;There Goes your assembly clause

Parliament is Legislative assembly here voted for Bill thus Its constitutionally Legal

 

[undercover JIX]

Missed B claused
(b) declare that the powers of the Legislature of the State shall be exercisable
(by) or under the authority of Parliament;There Goes your assembly clause

Parliament is Legislative assembly here voted for Bill thus Its constitutionally Legal

this is the constitutional fraud committed by the amendments.

 

[cerberus]

this is the constitutional fraud committed by the amendments.

Let It be
Let SC decide We Will wait For 10-15 years

 

[undercover JIX]

Let It be
Let SC decide We Will wait For 10-15 years

10-15 years ??

 

[swnjo]

10-15 years ??

yes 10-15 years, supreme court is rather slow in our country.

 

[cerberus]

10-15 years ??

SC Usually takes Big time in such decisions Ram jananam

Andra telengana CWG,2G 3 G,Rafale Scam

So Govt is not in a hurry

https://timesofindia.indiatimes.com...ition-on-article-370/articleshow/70597068.cms