Understanding the Article 370

[Indo-guy]

Good Lord !!!!!!!!

And you claim you have read the article.

Article 370 is a TEMPORARY PROVISION THAT SUSPENDS INDIAN CONSTITUTION in Kashmir. ............ there is NO TWO ways about it.

It is NOT an Amendment in the Indian Constitution. I suggest you read up a bit before posting again.

what is claimed in article has been in around for last 6 decades ...


Just answer one question to me

Do you agree that Article 370 is part of Indian constitution or not ???

I had read these claims even in a book written by ex Governor of Kashmir ....but this is just a legal hair splitting by opponents of article 370 ....it has no constitutional validity .



You can't just do away with article 370 just by presidential order on pre text that it was temporary proviso ....

It will not stand legal scrutiny as it has been accepted as part of Indian constitution...temporary or otherwise .

You have to understand that the article 370 pre dates the Indian constitution .... and it was adopted by Indian constituent assembly without any reservation on insistence of Sardar Patel at behest of Pandit Nehru ....

and this will always remain muddled in controversy because Article is anomalous in more than one ways ....

 

[Shabaz Sharif]

Article 370 is very important to preserve purity of Iok. This is shouldnt ever be revoked, unless there is referendum according to UN.

 

[Manvantaratruti]

what is claimed in article has been in around for last 6 decades ...
Just answer one question to me
Do you agree that Article 370 is part of Indian constitution or not ???
I had read these claims even in a book written by Governor of Kashmir ....but this is just a legal hair splitting by opponents of article 370 ....it has no constitutional validity .
You can't just do away with article 370 just by presidential order on pre text that it was temporary proviso ....
It will not stand legal scrutiny as it has been accepted as part of Indian constitution...temporary or otherwise .
and this will always remain muddled in controversy because Article is anomalous in more than one ways ....

Unlike most junk posted here, that article is actually a scholarly article with facts.

Article 370 is a temporary provision which gives special constitutional status to Jammu and Kashmir by Temporarily suspending the Indian constitution in Kashmir.

It was put in place as a transitional measure till the actual Kashmir elected assembly was formed and its 'legal' status was decimated with the first assembly met and then subsequently dissolved.

Knowing this fact, the provision was extended by a SPECIAL writ of the president and as such continues as a special order suspending the Indian constitution in a small part of India. The day the president signs another write abolishing the provision, it will cease to exist. That is the real LEGAL situation.

It is anomalous ONLY BECAUSE a Temporary provision as extend for 50+ years and now CLAIMS to have a life of its own. This is the only defence its supports can claim in the Supreme Court.

However under the principle of Natural Justice, just because something has been unjustly practiced for half a century, it does not make it legal. Slavery being an example. There are plenty more examples, but I am sure you get the point.

 

[Android]

Article 370 is very important to preserve purity of Iok. This is shouldnt ever be revoked, unless there is referendum according to UN.

That's completely our internal matter if BJP wins 272 seats in Lok Sabha election this may the article would be very abolished very next day and then we can have as much referendum as you want our Bhaiyyas and Biharis would be ready to ready to vote any time

 

[Indo-guy]

Unlike most junk posted here, that article is actually a scholarly article with facts.

Article 370 is a temporary provision which gives special constitutional status to Jammu and Kashmir by Temporarily suspending the Indian constitution in Kashmir.

It was put in place as a transitional measure till the actual Kashmir elected assembly was formed and its 'legal' status was decimated with the first assembly met and then subsequently dissolved.

Knowing this fact, the provision was extended by a SPECIAL writ of the president and as such continues as a special order suspending the Indian constitution in a small part of India. The day the president signs another write abolishing the provision, it will cease to exist. That is the real LEGAL situation.

It is anomalous ONLY BECAUSE a Temporary provision as extend for 50+ years and now CLAIMS to have a life of its own. This is the only defence its supports can claim in the Supreme Court.

However under the principle of Natural Justice, just because something has been unjustly practiced for half a century, it does not make it legal. Slavery being an example. There are plenty more examples, but I am sure you get the point.

Do you agree with the fact that Constituent assembly which drafted Indian constitution actually adopted Article 370 ???

Unlike most junk posted here, that article is actually a scholarly article with facts.

Article 370 is a temporary provision which gives special constitutional status to Jammu and Kashmir by Temporarily suspending the Indian constitution in Kashmir.

It was put in place as a transitional measure till the actual Kashmir elected assembly was formed and its 'legal' status was decimated with the first assembly met and then subsequently dissolved.

Knowing this fact, the provision was extended by a SPECIAL writ of the president and as such continues as a special order suspending the Indian constitution in a small part of India. The day the president signs another write abolishing the provision, it will cease to exist. That is the real LEGAL situation.

It is anomalous ONLY BECAUSE a Temporary provision as extend for 50+ years and now CLAIMS to have a life of its own. This is the only defence its supports can claim in the Supreme Court.

However under the principle of Natural Justice, just because something has been unjustly practiced for half a century, it does not make it legal. Slavery being an example. There are plenty more examples, but I am sure you get the point.

Do you agree with the fact that Constituent assembly which drafted Indian constitution actually adopted Article 370 ???

 

[janon]

Article 370 is very important to preserve purity of Iok. This is shouldnt ever be revoked, unless there is referendum according to UN.

UN will have no say in the matter. It will be India that revokes it or not. JK is an integral part of India, as the preamble to the constitution of JK states, and neither UN nor martians have a say.

BTW what is purity in this context?

 

[Shabaz Sharif]

That's completely our internal matter if BJP wins 272 seats in Lok Sabha election this may the article would be very abolished very next day and then we can have as much referendum as you want our Bhaiyyas and Biharis would be ready to ready to vote any time

I doubt BJP can ever get 272, even then i doubt they will revoke it. The only solution is genocide in mass scale of Kashmiri muslims. Otherwise bhaiyas will cry like hindu pandits.

 

[Manvantaratruti]

Do you agree with the fact that Constituent assembly which drafted Indian constitution actually adopted Article 370 ???

It was adopted SPECIFICALLY STATING that it is a Temporary provisions with respect to the State of Jammu and Kashmir. The Constitution specifically says that. I am quoting it word for word.

It had/has an automatic expiry date which was the last day of the first kashmir assembly and EXPIRED once the assembly was dissolved. It was extended by a special writ of the President. Its life today exists on the special writ. When the President withdraws that writ, the article (370) dies a natural death.

 

[Shabaz Sharif]

UN will have no say in the matter. It will be India that revokes it or not. JK is an integral part of India, as the preamble to the constitution of JK states, and neither UN nor martians have a say.

BTW what is purity in this context?

Integral part? Maybe on maps printed by Indians where they show border with Afghanistan. International comunity consider it disputed area and article 370 is another proof that kashmir can never be integral part of India.

 

[janon]

Integral part? Maybe on maps printed by Indians where they show border with Afghanistan. International comunity consider it disputed area and article 370 is another proof that kashmir can never be integral part of India.

And in the preamble of the constitution of Jammu-Kashmir, as I explained in the post you quoted. The Jammu-Kashmir constitution is available online, look it up.

Preamble:-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-
...

http://www.google.com/url?sa=t&rct=...EsqmO4zJspeloHr2uIQRgUQ&bvm=bv.60444564,d.aGc

 

[Manvantaratruti]

People love to become heroes, but not if it means they will also become martyrs. It will be a suicidal move for their political career, because all subsequent agitations and violence and strife will be blamed on them. And yes, there will be plenty of troubles. Even the elected representatives of Jammu-Kashmir, of both parties, don't want it scrapped, so you can bet that most Kashmiris will view it as a hegemonous move by India. Pak will take advantage of the situation and inflame the region. Of course, India today is in a position to crush all such activities with an iron hand, but there will be blood. And it will be blamed on the party that made the move.

It is much easier for politicians to maintain status quo.

You just prove my point.

Only a Hero can do it because of the above mentioned reasons. Only a person who thinks about India and not about winning the next election can take this step. Similar to what Indira Gandhi did for Bangladesh.

Kashmir can view it either, but human nature is they will adjust to the new realities and get on with their lives. Some will grumble and mumble, but with time that too will fade away. However the real takeaway will be their integration to the social fabric of India.

Expect Pak to throw a tantrum, but then they do not carry any significant clout anymore.

 

[FaujHistorian]

Leave Kashmir and 370 alone.

it allows Kashmiris to be more loyal to India than many other states.

In reality this is unproductive discussion and in the long run hurt India

If there is no specific time frame for the sunset of 370, just go ahead and add 99 years to it starting now.

It is sad to see that so many Indians living in 1947

Bhai logo (and @lavina behan), move on.

move to 2014 please.


peace and biryani (meat removed for veg people) to all

 

[INDIC]

Article 370 is very important to preserve purity of Iok. This is shouldnt ever be revoked, unless there is referendum according to UN.

Don't worry, even with article 370 entire Union List is still fully applicable in Jammu and Kashmir like other states of India thus all central government institutions functioning in J&K. Only Pakistan has some Ilaka e ghair.

 

[KingMamba]

Article 370 is very important to preserve purity of Iok. This is shouldnt ever be revoked, unless there is referendum according to UN.

It may harm the demographics but its abolition will serve Pakistan's purpose.

 

[Indo-guy]

UN will have no say in the matter. It will be India that revokes it or not. JK is an integral part of India, as the preamble to the constitution of JK states, and neither UN nor martians have a say.

BTW what is purity in this context?

Purity refers to the fact that Article 370 prohibits any outsider to reside permanently or purchase property in J & K . thereby preventing colonization of J & K by outsider ( read as non muslim population ) . thereby maintaining Muslim majority nature of the state . The premise which was the basis why Pakistan wanted to lay claim to J & K .

Colonisation of J & K also runs risk of diluting population with Anti India forces in Kashmir .

Even today there are sizeable number of people in J & K who are opposed to Indian rule ..although they may not be directly pro Pakistani .

so article 370 works against any such cultural , ethnical engineering of J & K that could have been done by promoting immigration of other people from rest of the India ....that's the purity he is talking about !