Article 370 has been eroded to a considerable extent , practically all the Indian laws are applicable to J&K wake up .
Erosion of Article 370: Complicity of the Abdullahs
Omar Abdullah’s defense of the Article 370, especially, and perhaps only on TV channels, is truly outstanding. He comes across as sharp, sensible and sincere. Unfortunately, it stops at that.
What his defense lacks is credibility, honesty and history. The first two being a consequence of the third one. For it is his party, the National Conference, its founder, his grandfather, and its present patron, his father who have done maximum damage to the power of Article 370. Omar too has done more than his bit in weakening it.
The most damaging application, one which impairs the efficacy of the J&K Constitution is the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1975.
On 23th July, 1975 the President issued this Order, under Article 370(1), debarring the state legislature from amending the State Constitution on critical matters like the Governor, composition of the state legislature (both upper and lower house) and the Election Commission.
It is farcical to have a Constitution which is not only overridden but its powers have been curtailed such that it can’t even be amended by the elected representatives of the people whose Constitution it is.
And guess who the Chief Minister of J&K was that time? None other than Sher-i-Kashmir Sheikh Mohammed Abdullah!! To be sure, it was done with the concurrence of the Government of Jammu and Kashmir headed by him.
On 25 February 1975, without having a single elected member of his own party in the assembly, he was sworn in as the Chief Minister. This was based on the bilateral agreement with Indira Gandhi which is known as the “Indira-Abdullah accord”.
In the murky waters of Indo-Kashmir politics, can it be put past Sheikh Abdullah that his being “appointed” as Chief Minister was in lieu of the state government concurring with this serious and debilitating erosion of Article 370 by means of a Presidential ordinance?
He is also the one who famously said on the floor of the assembly that “Article 370 is not a verse from the Quran that it can’t be changed!” How come the National Conference is all fire and brimstone today leading street protest in the valley?
1. The connivance of the Abdulah family doesn’t stop here. It is generational! The son, Farooq Abdullah continued the glorious tradition of deceit. He sanctified the second most serious erosion of the Article 370.
J&K had residuary powers. Parliament's power of legislation with regard to J&K was limited to the items on the Union List. These too were subject to the constraint of Article 370. The residuary powers were with the state.
On July 30th 1986, the President made an order under Article 370, extending to J&K Article 249 of the Constitution in order to empower Parliament to legislate even on matters in the state list. As a result the Union acquired the powers to legislate not only on state list but others not mentioned in the Union list and the concurrent list. This ended the residuary powers of the state.
Three months later, Farooq Abdullah tied the knot with the man who got this ordinance issues, Rajiv Gandhi. Having been given full authority by Rajiv Gandhi to do as he pleased, he rigged the election with a vengeance and engineered the defeat of Muslim United Front. As a result of which he came to power in on 7th November 1986. The rest, as they say, is history.
The third generation of had not been far behind. Omar Abdullah gave the biggest blow to Article 370 and autonomy of J&K by moving the J&K Government’s overdraft facility from the J&K bank to the RBI in 2011.
From April 1, 2011, J&K Bank’s role as the lender of last resort was fully and completely given to the Reserve Bank of India. RBI which had limited jurisdiction, is now carrying on the general banking business of the Government of Jammu & Kashmir and act as the sole agent for investment of Government’s funds. This is too big a erosion and deserves a separate column. Watch out for this space on Thursday.
Not content with that, in 2014 under pressure from his coalition partner Congress Omar Abdullah incorporated the provisions of 73rd amendment in Jammu and Kashmir Panchayati Raj Act.
By implementing the provisions of 73rd amendment of Panchayati Raj Act Omar Abdullah did his bit to erode the special status of the state granted under Article 370 of the Indian constitution.
It is not as if there was no way out. It would have been simpler for the state government to incorporate some of the best self-made provisions in the Panchayati Raj Act without touching 73rd amendment’. But that time, the sanctity of Article 370 and safety of the J&K’s special status doesn’t come up as an issue.
The role that the three Abdullahs have played in the demolition of Article 370 is best described by the Kashmiri phrase: “Daara che kaimu phatnowuk? Dopnas pane pyane! (When the log was asked how it was split, it replied by the wedge that is made of my own wood!). So why blame the BJP or the Congress?
http://www.greaterkashmir.com/news/...e-370-complicity-of-the-abdullahs/171022.html
PDP-BJP govt allowing step-by step erosion of Article 370: Omar Abdullah
http://indianexpress.com/article/in...erosion-of-article-370-omar-abdullah-4433968/
wait and watch son like you have done since the last 70 years, you will keep mourning for your separatists and terrorists while India will only grow stronger and your wet dream will reamain a wet and when you will woke up to reality you will see a prosperous kashmir of India with all its original inhabitant living with peace and islamic terrorism completely rooted out
