Article 370 Scrapped


  • ●The government’s decision in relation to Article 370 is a monumental decision towards
  • National integration.
  • ●The decision of the government will help the people of J&K the Most. More investment,
  • more industry, more private educational institutions, more jobs and more revenue.
  • ●While the Article 370 and Article 35A decision benefits the residents of J&K the most, the
  • Kashmir regional leaders feel that they will not be able to whip up the fake issue of
  • ‘sentiment vs. benefit’ to the people.
  • ●J&K integration with India took place in October 1947. Article 370 came into force in
  • 1952, Article 35A came in 1954, four and seven years later respectively. How can
  • Articles 370 and 35A be a condition precedent to merger?
  • ●What was a temporary and transient provision cannot be treated as permanent. It had to go.
  • Separate status led to separatism. No dynamic nation can allow this situation to
  • continue.
  • A historical wrong has been undone today. Article 35A came through the back door
  • without following the procedure under Article 368 of the Constitution of India. It had to
  • go. I congratulate Prime Minister Shri Narendra Modi ji and the Home Minister Shri Amit
  • Shah for correcting a historical blunder.
  • The Rule of Law and the State of Jammu & Kashmir
  • By Sh Arun Jaitley Ji
  • The seven decade history of the State of Jammu & Kashmir confronts changing India with
  • several questions. Was the Nehruvian course, which the State had embarked, a historical
  • blunder or was it the correct course to follow? Most Indians today believe that it is the former.
  • Does our policy today have to be guided by that erroneous vision or an out of the box thinking
  • which is in consonance with ground reality?
  • The Article 35A misadventure
  • Article 35A was surreptitiously included by a Presidential Notification in the Constitution in 1954.
  • It was neither a part of the original Constitution framed by the Constituent Assembly, nor did it
  • come as a Constitutional Amendment under Article 368 of the Constitution which requires an
  • approval by two-third majority of both Houses of Parliament. It came as a Presidential
  • Notification and is a​
  • ​surreptitious executive insertion in the Constitution.
  • It gives the right to the State Government to discriminate between two State citizens living in the
  • State on the basis of declaring some as permanent residents while leaving out the others. It
  • also discriminates between permanent residents of the State and all other Indian citizens living
  • elsewhere. Lakhs of Indian citizens in J&K vote in Lok Sabha elections but not in Assembly,
  • municipal or Panchayat polls. Their children cannot get government jobs. They cannot own
  • property and their children cannot get admitted to governmental institutions. The same applies
  • to those who live elsewhere in the country. The heirs of ladies marrying outside the State are
  • disinherited from owing or inheriting property.
  • How Article 35A hurt the people of Jammu & Kashmir?
  • The State does not have adequate financial resources. Its ability to raise more has been
  • crippled by Article 35A. No investor is willing to set up an industry, hotel, private educational
  • institutions or private hospitals since he can neither buy land or property nor can his executives
  • do so. Their ward cannot get government jobs or admission to colleges. Today, there are no
  • major national or international chains which have set up hotel in a tourism centric State. This
  • prevents enrichment, resource generation and job creation. Students have to travel all over,
  • including Nepal and Bangladesh, to get college admissions. Engineering colleges and
  • hospitals, including super-speciality facility set up by Central Government in Jammu are lying
  • under-utilized or unutilized since Professors and Doctors from outside are unwilling to go there.
  • Article 35A has prevented investment and dismantled the State’s economy.
  • Article 35A, which is constitutionally vulnerable, is used as a political shield by many but it hurt
  • the common citizen of the State the most. It denied them a booming economy, economic
  • activity and jobs.
  • Our faith in the mainstream parties of the Valley and the disappointment with them
  • Governments at the Centre have always desired that despite political differences we must allow
  • more space to the mainstream parties in the Valley so that the separatist space is shrunk.
  • Three families, since 1947, dominated that mainstream space. Two of them are based out of
  • Srinagar and one in New Delhi. Regrettably, they let down the people of the State. The two
  • major mainstream parties, even when they condemned terrorism, it was always with ‘ifs’ and
  • ‘buts’. It is only their absolute distancing from separatism, violence and terrorism that can
  • create an alternative space. Being soft in criticizing separatism does no good. It is for this
  • reason that their own space has shrunk. This is the country’s disappointment with them.
  • The present situation
  • Why should the rule of law that applies to the rest of the country not apply to the State? Should
  • violence, separatism, mass stone throwing, vicious ideological indoctrination be allowed on the
  • plea that if we check it, it will have a negative effect. It is this misconceived policy that has
  • proved to be counter-productive. Today, the present government has decided that the rule of
  • law in the interest of the people of Kashmir Valley and the larger interest of India, must equally
  • apply to the State of Jammu & Kashmir.
  • The Jamaat-e-Islami, in the last several years, has indulged in ideological indoctrination which
  • provided the manpower resource for separatism. It transformed the Valley from the liberal land
  • of ‘Sufism’ to hardcore ‘Wahhabism’. It has been banned. Hundreds of its activists have been
  • arrested. Its offices have been sealed. Its activities have been significantly curtailed. The
  • Jammu & Kashmir Liberation Front (JKLF), which was working over-ground, has also been
  • banned. Several of its people have been arrested. Separatists and Hurriyat leaders, as also
  • several undeserving cases numbering in hundreds, have had their security withdrawn. You
  • cannot advocate a break away from India and expect India to secure you.
  • The NIA has cracked down on terrorist funding. The Income-tax Department has swung into
  • action after seventeen years and discovered several sources of anti-national funding. The CBI
  • is looking into 80,000 gun licences given in recent years.
  • All this has witnessed insignificant protest, no mass stone throwing incidents, reduction in
  • domestic recruitment to terrorist organisation. The past few months have witnessed the
  • neutralisation of the largest number of militants.
  • The developmental activities
  • Today, the Government offices are opening and working regularly. Attendance has gone up.
  • Several corrupt officials have been booked and are in prison. Nepotism in appointment has
  • been done away with. There are no interviews conducted. They have been abolished. Multiple
  • legislations have been passed and several legislative measures taken by the Central
  • Government for SC/ST and weaker sections, have been extended to the State. 42,000 new
  • posts have been created in the last six months.
  • Infrastructure projects, including the Mass Rapid Transit Corporation for both the cities of
  • Jammu & Kashmir, the Ring Road for the two cities, AIIMS in both the regions, an IIT and an IIM
  • in Srinagar and Jammu respectively are projects which have been resolved in the last few
  • months and are progressing further. The State has become ‘open defecation free’ with hundred
  • percent sanitation. Every house has already been electrified. Several long pending projects in
  • three regions have been cleared. Fifty new colleges in the State have been sanctioned and 232
  • schools upgraded. A lot of decentralisation of finances has taken place.
  • More power has been given to Ladakh and Kargil Autonomous Hill Development Councils. A
  • Ladakh Division has been created. A new university has been established at Ladakh.
  • The separatists and the terrorists have been badly hit. The two mainstream parties are only
  • giving television bytes and their activities are confined to social media. The people of the State
  • are welcoming the steps taken. They wanted peace and freedom from violence and terror. The
  • rule of law is being enforced in the Valley and is ensuring people a safe and peaceful life.
  • Special Status To Jammu and Kashmir Scrapped by Presidential
  • Order
  • President Ram Nath Kovind today, promulgated the Constitution (Application to Jammu &
  • Kashmir) Order, 2019 (the Order), in concurrence with the Government of the State of Jammu &
  • Kashmir, with immediate effect.
  • The order supersedes the Constitution (Application to Jammu and Kashmir) Order, 1954 and
  • states that all the provisions of the Constitution of India shall apply to the State of Jammu and
  • Kashmir (J&K). This has an effect of repealing the long resisted provision, Article 370 of the
  • Constitution, which granted special status to the state.
  • The Order has also added a clause to Article 367 of the Constitution, so far as the State of J&K
  • is concerned, which reads as under:
  • “(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and
  • Kashmir—
  • (a) references to this Constitution or to the provisions thereof shall be construed as references
  • to the Constitution or the provisions thereof as applied in relation to the said State;
  • (b) references to the person for the time being recognized by the President on the
  • recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and
  • Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office,
  • shall be construed as references to the Governor of Jammu and Kashmir;
  • (c) references to the Government of the said State shall be construed as including references to
  • the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and
  • (d) 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”.
  • Article 370 explained
  • The Indian Independence Act, 1947 which brought an end to the British colonization in India,
  • introduced the Instrucment of Accession (IoA). The Act provided for three options: to remain an
  • independent country, join Dominion of India, or join Dominion of Pakistan. J&K initially decided
  • to remain independent and signed standstill agreements with India and Pakistan. However, the
  • state ended up signing an IoA with India in return for its help to save the state from an invasion
  • by Pakistan.
  • The original accession of state was on three matters, i.e., defence, foreign affairs and
  • communications. At the time of drafting of the Constitution, the representatives to the
  • Constituent Assembly of the state proposed that only those provisions of the Indian Constitution
  • which correspond to the original Instrument of Accession should apply to the State.
  • Accordingly, Article 370 was incorporated in the Indian Constitution. It gives special status to the
  • state of Jammu and Kashmir and permits the state to draft its own Constitution. It restricts
  • Parliament’s legislative powers in respect of J&K in as much as it stipulates that the articles of
  • the Constitution, other than those pertaining to defence, foreign affairs and communications,
  • would apply to the state only with the concurrence of the State’s constituent assembly.
  • The provision was incorporated in the Constitution on October 17, 1949, in Part XXI of the
  • Constitution: Temporary, Transitional and Special Provisions. As evident from the title of the
  • Part, it was supposed to be a temporary provision and its applicability was projected to last till
  • the formulation and adoption of the State’s constitution. However, the State’s constituent
  • assembly dissolved itself on 25 January 1957 without recommending either abrogation or
  • amendment of the Article 370, leaving the status of the provision on a cliffhanger. The provision
  • was later held to have acquired permanent status by way of rulings of the Supreme Court of
  • India and the High Court of Jammu and Kashmir.
  • This implied that to apply a central law to the state on subjects included in the Instrument of
  • Accession, mere “consultation” with the state government is required. However, to apply a
  • central legislation to matters other than defence, foreign affairs and communications,
  • “concurrence” of the state government was mandatory. The aforementioned Presidential order
  • has removed the special status of the state and has placed it at par with other states of the
  • country.
  • Understating The Special Status Of Jammu And Kashmir Under Article 35A
  • Article 35A was a result of an understanding between the then Prime Minister Jawaharlal Nehru,
  • and the erstwhile leader of the State Sheikh Abdullah. The said provision was added to the
  • Constitution through a Presidential Order passed under Article 370(1)(d) which empowers the
  • President to make constitutional provisions applicable to the State with such modifications and
  • exceptions as he may by order specify.
  • The literal wording of the Article reads as:
  • Saving of laws with respect to permanent residents and their rights.- Notwithstanding anything
  • contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and
  • no law hereafter enacted by the Legislature of the State,-
  • (a) defining the classes of persons who are, or shall be permanent
  • residents of the State of Jammu and Kashmir; or
  • (b) conferring on such permanent residents any special rights and
  • privileges or imposing upon other persons any restrictions as
  • respects-
  • (i) employment under the State Government;
  • (ii) acquisition of immovable property in the State;
  • (iii) settlement in the State; or
  • (iv) right to scholarships and such other forms of aid as the State Government may provide,
  • shall be void on the ground that it is inconsistent with or takes away or abridges any rights
  • conferred on the other citizens of India by any provision of this Part.”.
  • In his speech given on the aforesaid Order in Lok Sabha, Nehru had quoted the following:
  • ‘The question of citizenship arose obviously. Full citizenship applies there. But our friends from
  • Kashmir were very apprehensive about one or two matters. For a long time past, in the
  • Maharaja’s time, there had been laws there preventing any outsider, that is, any person from
  • outside Kashmir, from acquiring or holding land in Kashmir… So the present Government of
  • Kashmir is very anxious to preserve that right because they are afraid, and I think rightly afraid,
  • that Kashmir would be overrun by people whose sole qualification might be the possession of
  • too much money and nothing else, who might buy up, and get the delectable places. Now they
  • want to vary the old Maharaja’s laws to liberalise it, but nevertheless to have checks on the
  • acquisition of lands by persons from outside. However, we agree that this should be cleared up.
  • The old state’s subjects definition gave certain privileges regarding this acquisition of land, the
  • services, and other minor things, I think, State scholarships and the rest.’
  • Therefore, Article 35A not only confers powers upon the State Government to give special
  • benefits to the permanent residents of the State, it also proscribes non-permanent residents
  • from permanently settling in the state, buying immovable property, acquiring land, applying for
  • government jobs, any kind of scholarships and aids and other public welfare projects.
  • Popularly known as the Permanent Residents Law, it prohibits a woman hailing from the State
  • to stake claims to any property rights if she marries a person from outside the state. The same
  • also extends to the children of such women as cease to enjoy any succession rights over the
  • property.
  • Currently there’s a petition pending before the Supreme Court that challenges the constitutional
  • validity of Article 35A on the following grounds:
  • 1.
  • Article 35A was not added to the Constitution by following the procedure prescribed for
  • amendment of the Constitution of India under Article 368. Article 370 does not anywhere
  • confer on the President legislative or executive powers so vast that he can amend the
  • Constitution or perform the function of Parliament.
  • 2.
  • Article 35A was never presented before Parliament. This meant the President had
  • bypassed Parliament in this Order.
  • 3.
  • The PRC classification created by Article 35A suffers from the violation of Article 14,
  • Equality before the Law. The non-resident Indian citizens cannot have the rights and
  • privileges, same as permanent residents of Jammu and Kashmir
  • 4.
  • It facilitates the violation of the right of women to ‘marry a man of their choice’ by not
  • giving the heirs any right to property, if a woman marries a man that is not a permanent
  • resident.
  • 5.
  • It facilitates the free and unrestrained violation of fundamental rights of those workers
  • and settlers like Scheduled Caste and Scheduled Tribe people who have lived there for
  • generations.
  • 6.
  • It ruins the status of West Pakistani refugees. Being citizens of India they are not
  • stateless persons, but being non-permanent residents of Jammu and Kashmir, they
  • cannot enjoy the basic rights and privileges as being enjoyed by permanent residents of
  • Jammu and Kashmir
  • Many conditional experts have raised doubts over abrogation of the said provision. A judgment
  • passed by the High Court of J&K in The High Court Of Jammu And Kashmir vs S. Mubarik Shah
  • Naqishbandi had held in 2015 that:
  • ‘In Jammu and Kashmir, the immovable property of a State subject/citizen, cannot be permitted
  • to be transferred to a non State subject. This legal and constitutional protection is inherent in the
  • State subjects of the State of Jammu and Kashmir and this fundamental and basic inherent right
  • cannot be taken away in view of peculiar and special constitutional position occupied by State of
  • Jammu and Kashmir. Article 35-A is clarificatory provision to clear the issue of constitutional
  • position obtaining in rest of country in contrast to State of Jammu and Kashmir. This provision
  • clears the constitutional relationship between people of rest of country with people of Jammu
  • and Kashmir’
  • It is also claimed that since Article 35A stems from powers conferred on President under Article
  • 370, the same cannot be abrogated without hurting Article 370 itself. Since, abrogation of Article
  • 370 requires the assent of the J&K Constituent Assembly, the provision has now become
  • permanent as the said Constituent Assembly ceased to exist post 1957 and no decision was
  • taken on the same during the time of its functioning.
Advertisements

Hyper… I am looking for few Right words with Hyper in them… (Like Oomph! :) )


9 letter words containing hyper

Did you know


Did you know…

… that today is the birthday of the Newport Jazz Festival? The first Newport Jazz Festival, one of the premier jazz festivals in the world, opened at Newport, Rhode Island, on this day in 1954. Find a jazz festival playing near you and enjoy!

<h3>Today's Inspirational Quote:</h3>
"My future starts when I wake up every morning. Every day I find something creative to do with my life.-- Miles Davis
<h3>Did you know...</h3>
... that today is Tony the Tiger’s Birthday? In 1952, Kellogg’s introduced Tony the Tiger as the spokes-animal for Kellogg's Frosted Flakes cereal. Since his debut, the character has spanned several generations and become a breakfast cereal icon. Tony, have a gr-r-reat birthday! 😉

Today’s Inspirational Quote:

“One of the most sincere forms of respect is actually listening to what another has to say.”

— Bryant H. McGill

Did you know…

… that today is Screen Test Day? In 1946, screen goddess Marilyn Monroe was given her first screen test by 20th Century Fox Studios. Even without sound, Marilyn made such an impact that she was given her first contract!

~~~

Today’s Inspirational Quote:

“It’s a new day! Let go of old issues, relationships, or apprehensions that are holding you back. Decide to move forward using the knowledge you’ve gained, from your failures and triumphs, while making room for new accomplishments. Cleaning isn’t just good for your house, it’s healthy for your mind. Adopt the attitude that you can and will achieve your dreams, because it’s true. You have greatness within you!”

— Les Brown

 

Life of love


LIFE OF LOVE~~~

If a man is desireless he will not only eliminate much suffering which he causes others, but also much of his own self-created suffering. Mere desirelessness, however, cannot yield positive happiness, though it protects man from self-created suffer-ing and goes a long way towards making true happiness possible.

True happiness begins when a man learns the art of right adjustment to other persons, and right adjust- ment involves self-forgetfulness and love. Hence arises the spiritual importance of transforming a life of the limited self into a life of love.

Discourses, vol 3, p177
By Meher Baba
Avatar Meher Baba Trust e-book
Copyright: AMBPPCT
Photo Courtesy: On Sacred Ground

Friends with King


“Your friendship with the King might precipitate any situation, but you should stick to him…” no matter what

‘”When you sink a well, you first select a spot before beginning the drilling. But if you stop drilling halfway, and start anew at a different spot, you will never find water, and all your labors will be wasted.

“But if you keep drilling at one spot, you will surely find water one day. A spirit of fortitude is required. If you are easily disappointed and keep trying at different places, you will never succeed.

“Similarly, if you continue running from one saint or Sadguru to another, you will never gain anything. Stick firmly to only one Master and carry out his wishes. Dig, dig and keep on digging, and one day you will get the water of Realization.”

2 June 1928, Meherabad, LM3 p1051, © AMBPPCT

“Your friendship with the king might precipitate any situation, but you should stick to him. Even if you were about to die, you should never let go of his hand.

“Instead, one should submit oneself to the Emperor’s will, having only this thought: ‘O God, when will you meet me?’ This longing must be present twenty-four hours a day. If the feeling is intense enough, God will surely fulfill it.

“I am in everyone. But if you catch hold of me, you will have the root of all creation in your hands. Then you will not need to go after the branches and leaves. If you are lucky enough to catch hold of the Emperor, you should never, never leave him. “Go on digging until you find water. Don’t keep changing the spot. If you get impatient, by digging two feet here and four feet there, you will never strike water. If you only dig a shallow well, you will get impure water. Only patient, laborious digging will result in your finding crystal-pure water. And for that, you have to exert energy and dig deep….”

“All rivers flow in me. I am the ocean. Stop looking elsewhere, and look only at the ocean. By concentrating on me, you yourself will become the ocean. To look at the ocean means to carry out my wishes at all times.”

Meher Baba, 6 September 1929, Bombay
to Kaikhushru Pleader, LM4 p1215-1216, © AMBPPCT

“What is the remedy for this? I will tell it now. It will be very useful only if you grasp it thoroughly. If all of you are convinced that Baba is the Avatar, God incarnate, the question of confusion does not arise at all. In this case, just hold fast to my damaan (the hem of the Master’s robe) and close all doors for confusion and conflict to enter your minds. If you are not convinced, leave me. Seek someone else. But if you try to stick to me with a wavering mind, without being convinced of my divinity, you will be just like a nut caught in the crusher….”

“If you have full faith in me, stick to me. Otherwise leave me now altogether. Who will hold on to my damaan wholeheartedly to the end?…”

May 19 and June 7, 1957, Guruprasad Poona, Aw 5:4 p22-32
photo: © Meher Nazar Publications or MSI Collection
via https://forthearchives.files.wordpress.com/2011/05/cannes_s.jpg?w=550