How to repeal Article-370?

Discussion in 'Politics & Society' started by aditya g, May 4, 2017.

  1. prasadr14

    prasadr14 Regular Member

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    Really? Is that what Amit Shah said?
    You need a willing president and parliament to remove 370.

    At least know the reality before posting something mate.
     
  2. Akshay_Fenix

    Akshay_Fenix Member Senior Member

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    What did I do?? :notsure:

    TheTribune distorted Amit Shah statement and created a fake news from it. And yes that is what he really said.
     
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  3. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Plus good control over JnK as local poliutical parties would oppose it and would create lots of law n order issue
     
  4. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Divison of state or creation of new state from older.bigger state doesn`t requires consent form state but it still affects states
     
  5. prasadr14

    prasadr14 Regular Member

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    True. It looks like ground work is being laid for the same.
    Wouldn't be surprised if J&K is split in 3 parts. That would deal a body blow to the "gang" in Kashmir as well as Delhi.

    Read the article by Mani Aiyer in NDtv, even he seems to be pointing to this fact and lamenting at it.
     
  6. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    I doubt BJP would do that .It would be major law and order issue with both valley based parties dead against IT.this would unite valley based political party with hurriat openly

    Second i donot see any gain in doing so as much of jammu has allready seen population changes with mix of mulsims from bangaldesh and malysia

    Even in past RSS during ABV times had demanded divison of JnK on religious line and it was rejected by ABV

    Only thing is see which would solve issue if gain PoK then we can merge kashmir valley with PoK and reduce its significance by giving importance to giligi and other areas

    while making Jammu and lakdh another state
     
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  7. Why so serious?

    Why so serious? Regular Member

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    BJP to alter Article 35A on permanent residents in J&K?

    [​IMG]
    <p><em>State laws have barred non-residents from purchasing land in J&K</em></p>
    HIGHLIGHTS
    • State laws have barred non-residents from purchasing land in the state
    • A BJP MLC said Article 35A is a constitutional mistake
    • The Centre seeks a larger debate on this issue
    NEW DELHI: Away from the attention that Article 370 usually invites, a section of BJP sympathisers are steadily pushing the party's less-noticed promise of altering Article 35A of the Constitution, which empowers the J&K government to define "permanent residents" of the state.

    The article enables the state to provide special rights and privileges that permanent residents can enjoy but has been criticised by BJP as a provision that encourages alienation, deepens the concept of a separate identity and creates a political gap between J&K and the rest of India.

    Under the Article, state laws have barred non-residents from purchasing land in the state and the issue is in focus with a Kashmiri woman, Charu Wali Khan, recently filing a petition seeking changes in the constitutional provision as she wanted succession rights though she is settled outside the state.

    Responding to her plea, the Supreme Court sent notices to the Centre and state last month. The woman has argued that the state's laws, flowing from Article 35A, have disenfranchised her. Advocate General K Venugopal told the bench of Chief Justice J S Khehar and Justice D Y Chandrachud that the petition against Article 35A raised "very sensitive" questions that required a "larger debate".

    The court referred the matter to a three-judge bench and has set a six-week deadline for final disposal. The bench is likely to deliver its verdict in September first week. Union minister Jitendra Singh said that since the matter was sub judice, one should wait for the court's verdict. He said the court verdict would be binding on all. State BJP leaders are vocal about their views as they strongly feel that Article 35A should be repealed.

    "Article 35A is a constitutional mistake. It was incorporated through a presidential order and not through the parliamentary process,"claimed Surinder Amabardar, BJP MLC from the state. The Centre's stance seeking a "larger debate" set off alarm bells among a section of politicians in the Kashmir valley, prompting CM Mehbooba Mufti's outburst during the Foundation Day celebrations of her PDP party. She asserted Article 35A should not be tinkered with, saying there would be no one to hold the tricolour if provisions regarding special status to J&K residents were altered.
     
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  8. prasadr14

    prasadr14 Regular Member

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    With targeting 35A, BJP has started the process.
     
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  9. square

    square Strategic Issues Senior Member

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    SC three judge banch is considering the case filled by a Kashmiri woman, Charu Wali Khan,seeking changes in the constitutional provision as she wanted succession rights though she is settled outside the state.

    nothing to do with bjp....
     
  10. aditya g

    aditya g Senior Member Senior Member

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    Hmmm Article-35A was brought in via Presidential Order, no reason why it cannot be rescinded through same route.

    Now BJP has secured posts of:

    - President
    - Vice President
    - Prime Minister
    - Home Minister
    - Law Minister
    - Defence Minister
    - UP CM

    and J&K Govt as junior partner.

    and is also largest party in RS

    Modi must act now.

    http://indianexpress.com/article/in...ermanent-feature-of-constitution-say-jk-govt/

    Written by Utkarsh Anand | New Delhi | Updated: December 4, 2015 8:47 am

    Implying that Article 35 A has become a permanent feature of the Indian Constitution, the Jammu and Kashmir government on Thursday told the Supreme Court that the 1954-Presidenial Order granting special rights to permanent residents of the state has been recognised, accepted and acted upon since its enactment and cannot be challenged now.

    Article 35A, which was added to the Constitution by a Presidential Order in 1954, accords special rights and privileges to the natives of J&K, and empower its legislature to frame any law without attracting a challenge on grounds of violating right to equality of people from other states or any other right under the Indian Constitution.

    Submitting its affidavit in response to a PIL that challenged the constitutional validity of Article 35A, the state government asserted that the President has the power to incorporate a new provision in the Constitution by way of an Order, as was done for J&K.

    The PIL, filed by a Delhi-based NGO ‘We the citizens’, has sought Article 35A to be declared unconstitutional, contending the President could not have amended the Constitution by the 1954-order and it was supposed to be a temporary provision. It said the J&K government, under the guise of Article 35A and Article 370 which grants special autonomous status to the state, has been discriminating against non-residents who are debarred from buying properties, getting a government job or voting in the local elections.

    But the state’s affidavit, settled by eminent jurist Fali S Nariman said “the instant petition seeks to upset settled law, accepted and complied with by all” , besides the fact that the challenge to the Presidential Order has come after more than 60 years. “After this length of time when the provisions enacted in Article 35A of the Constitution have been continuously acted upon and treated as valid, the same ought not to be permitted to be challenged,” it added.

    Responding to a notice issued by the court more than a year ago, the affidavit denied that the President has no power to amend the Constitution by incorporating a new Article while also disputing the NGO’s contention that the Constitution can be amended only under Article 368, which confers the power on the Parliament and not exclusively on the President to make amendments. It claimed Article 368 will not hold the field in respect of matters covered by Article 370 under which the state has a unique status and it will only be by way of a Presidential Order that an amendment under Article 368 can apply to J&K.

    The J&K government said that Article 35A does not infringe any fundamental right of citizens, and pointed out that Article 370 has elucidated that provisions of the Indian Constitution will not be a limitation on the laws of this state. The apex court, it added, has already ruled in two cases in 1960s that the J&K government can make exclusive provisions have been upheld.

    The affidavit has been filed after deliberation at the highest level. According to the sources, the government’s previous draft was objected to by the BJP, following which it was significantly improved and controversial references regarding Maharaja Hari Singh and the Instrument of Accession were dropped. The initial draft had stated that J&K’s “accession” to India was “limited in scope and not absolute”. The Central government is still to file its reply on the matter.
     
  11. kunal1123

    kunal1123 Regular Member

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    Please enter a message with at least 30 characters.
     
  12. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    BJP should propose to repeal Art 370 in 4th year of Modi govt. this will be a googly and a yorker at the same time forcing the opposition parties to make anti-national statements against national integrity which will provide BJP a nationalistic image and a sure victory in 2019 elections.
     
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  13. prasadr14

    prasadr14 Regular Member

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    That is exactly what's gonna happen.
    The political parties have gotten indication of this direction and we can already see them banding together doing Rudali routine.
     
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  14. aditya g

    aditya g Senior Member Senior Member

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    http://www.livemint.com/Politics/A7...-Kashmir-has-improved-says-Rajnath-Singh.html

    ....

    On the legal challenge to Article 35A of the Constitution, which bars people from outside Jammu and Kashmir to acquire immovable property in the state, Singh said the Centre has neither initiated any action nor gone to the court in this regard.

    “There is no reason for doubt or speculation on this issue. Unnecessarily an issue is being made out.Central government has not initiated any process on this issue, we have not gone to the court. I want to assure that—I am not talking about only Article 35A, whatever our government does, we will not do anything against the sentiments of the people here. We will continue to respect that.

    ....
    Me:

    :confused1:
    :facepalm:
    :frusty:
     
  15. F-14B

    F-14B #iamPUROHIT Senior Member

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    some body please Kill me :crazy::crazy::frusty::frusty::frusty::frusty::frusty::smash::tsk:
     
  16. aditya g

    aditya g Senior Member Senior Member

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    President, Prime Minister, Vice President, Majority UP Govt, Coalition J&K govt.

    And yet we hear this bull-sh1t :doh:

    http://indianexpress.com/article/in...ent-jammu-kashmir-dy-cm-nirmal-singh-4797875/

    Deputy Chief Minister Dr Nirmal Singh on Tuesday said that Bharatiya Janata Party will take a call on issues like Article 370 and Article 35 A when it forms the government on its own in Jammu-Kashmir. :crazy:

    “The BJP stand on Article 370 and Article 35 A is very clear and we still stick to our stand,” Singh told reporters after the Independence Day parade in Jammu.

    “If people of Jammu-Kashmir give us 44 plus seats in the Legislative Assembly, we will take a call on them (Article 370 and Article 35 A),” he said, adding “but today the government is sticking to the agenda of the alliance in which, we have agreed to maintain status quo on constitutional provisions”.

    Referring to former Chief Minister Omar Abdullah claim that repealing of Article 35 A will hit people of Jammu the most, Singh, who also happens to be a senior BJP leader, said that he shall debate the issue with facts and figures in public. “We are in a democratic set up and there shall be debate in democracy that what has been the impact of the things which have been in the Constitution for last 70 years. Till today, they have been only misleading the people…Let them debate and come with facts and figures,” he said.

    ......​
     
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  17. Nicky G

    Nicky G Senior Member Senior Member

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    Don't expect any real movement on such issues from BJP, they simply use voters during elections. All talk of resettling Kashmiri Pandits gone quiet.

    Unless there is a genuine RW party pushing them on such issues, they know the people have no other option.
     
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