Narendra Modi demands debate on Article 370, here's all you need to kn

Discussion in 'Politics & Society' started by AVERAGE INDIAN, Dec 3, 2013.

  1. AVERAGE INDIAN

    AVERAGE INDIAN EXORCIST Senior Member

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    Narendra Modi demands debate on Article 370, here's all you need to know

    Much debate has taken place since Sunday over Article 370 with Bhartiya Janata Party wanting its abrogation from the Indian Constitution. BJP reasoned that the special provision given to the state has not helped the people of Jammu and Kashmir in any way and there should be a debate on how much harm or good the article has done for the people of the state.

    However, many people are not aware about the concept behind Article 370 and why these special provisions were given to Jammu & Kashmir.

    The provision of Article 370 was made in the Indian Constitution after India attained Independence on August 15, 1947.
    During the partition of India which culminated in India and Pakistan as separate entities, on the basis of religion Jammu and Kashmir, which was an independent state at the time, had the option of either combining with India or Pakistan, or remaining as an independent state. The then Maharaja of J&K, Hari Singh Indar Mahindar Bahadur, opted to keep it an independent state.

    Moreover, when the talks between the three states were still going on, a small Muslim tribe with the support of the Pakistan government, attacked the state of J&K on October 6, 1947. Therefore, in a state of panic, Maharaja Hari Singh Indar Mahindar Bahadur chose to accede J&K to India, who in turn would help defend them from Pakistan. This resulted in the incorporation of Article 370 in the Indian Constitution.

    Under the guidance of Pandit Jawaharlal Nehru and Sheikh Mohammed Abdullah, leader of the National Conference- the largest political party of Kashmir, certain provisions were made so that Kashmir will be given a special status.

    Article 370 specifies that except for Defence, Foreign Affairs, Finance and Communications, the Indian Parliament needs the State Government's concurrence for applying all other laws.

    The most important aspect of the proposed Article 370 was,

    "the power of Parliament to make laws for the said State shall be limited to

    (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State"

    According to these provisions, except for those mentioned in the Instrument of Accession, the Indian Parliament will have to gain the vote of the assembly of J&K without which the law cannot be passed in the state.

    Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

    Narendra Modi demands debate on Article 370, here's all you need to know - India - DNA
     
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  3. sayareakd

    sayareakd Moderator Moderator

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    IMHO it is not about how much it has help J&K people it is about the promise which the people of India has made to the people of J&K and they have chosen to be part of India based on that promise.

    We should keep that promise so that people have faith and trust in us.

    here the reason for A.370 of Consti.

    C:\test_coi\main_constitution\P1_2
     
  4. SLASH

    SLASH Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    J&K is a conditional part of India.
     
  5. ladder

    ladder Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Not a very well researched article.

    Would the author kindly tell what were the clauses in the document of accession of state of Hyderabad and few other larger princely states?

    No surprises, they are same with that of J&K?

    How, then they were completely integrated with the Union of India.

    It is a misnomer, that special concession were given to J&K while its accession with India.

    This is the real take. We have introduced article 370 voluntarily and with no obligation from clauses of instrument of accession.

    This article has prevented the complete integration of J&K into India.


    Details here.
    Political integration of India - Wikipedia, the free encyclopedia
     
    Last edited: Dec 3, 2013
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  6. ladder

    ladder Senior Member Senior Member

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  7. Simple_Guy

    Simple_Guy Regular Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Very shoddy research. JK first experienced economic blockade by the Pakistani [email protected] from August 1947. Then open attacks in September along the border. That time the Maharaja wanted to accede to India but Nehru refused.

    instrument of accession actually. Article 370 came two years later by agreement between Nehru and Abdullah. Maharaja was banished from JK state and terms of Instrument of Accession were not honored by Nehru.

    Article 370 has worked to keep a small cabal of kashmiri families super rich and the masses backward.
     
  8. Decklander

    Decklander New Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Nehru and Abdullah were half brothers and at the time of accession to India, abdullah was in jail for anti-state activities. he was put in jail by Raja Hari singh. Nehru pleaded Patel to somehow release Abdullah from Jail and that is how this whole thing took place.
     
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  9. Decklander

    Decklander New Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    I think if we challange the very basis of this agreement instead of article 370, we might get a favourable judgement for SC. Nehru & Abdullah were nobody to have entered into such an agreement.
     
  10. sesha_maruthi27

    sesha_maruthi27 Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    But Sir, see what the congress have done. They have created a fear among the politicos saying if we touch article 370, it will be the end of Kashmir. Farooq Abdullah says no one dare to touch the article 370.
     
  11. Decklander

    Decklander New Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Anyone can file a PIL on this issue and I am very sure that we will see a PIL on it soon. If SC throws out this agreement as unconstitutional and beyond the powers of the parties to this agreement or being beyond and outside the mandate of constituent assembly, no party will raise a finger. Abdullah, congress & co have no guts to go against SC of India.
     
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  12. arya

    arya Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    first we have to work on kashmiri youth we have to change there mind , there are like our son but they are moving in wrong direction
     
  13. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Tharoor’s wife backs Modi over Article 370



    New Delhi: Sunanda Pushkar Tharoor, a Kashmiri pandit married to HRD minister of state Shashi Tharoor, raised a hornet’s nest on Tuesday by publicly declaring that she finds Article 370 of the Constitution, that provides a special status to Jammu and Kashmir, “anti-women” and gender discriminatory.

    She also backed BJP’s PM candidate Narendra Modi’s demand for a debate over the issue. “I want someone to re-look at this article (Article 370). I am not asking to abolish it but please give us back our home also,” she was quoted as saying by a TV channel. It may be recalled that Modi during an election rally last year had termed Sunanda Pushkar Tharoor as “Rs 50 crore girlfriend” while attacking the Union minister.

    Sunanda Pushkar Tharoor feels that Article 370 needs a substantive relook as it is “unfair”, and allows Kashmiri women to be stripped of their rights as “state subjects” if they marry non-Kashmiris. Referring to India’s first Prime Minister, Pandit Jawaharlal Nehru, Sunanda Pushkar Tharoor said: “I wish he had been more fair to Kashmiri women.”

    Women leaders of the Congress find themselves in a tight spot following Ms Tharoor’s remarks as they don’t want to be seen endorsing an anti-women policy. MoS for environment Jayanthi Natarajan said: “I do not have an opinion, though prima facie it appears that Article 370 does infringe on the rights of women.

    It’s a very tricky subject, given the status of Article 370, and I would need to read the fine print and study it in greater detail.” Congress MP Meenakshi Natarjan said it would be inappropriate for her to comment as “I’m not a Kashmiri, and therefore I do not have the appropriate sensitivity on this matter”.

    Ms Tharoor’s anger is representative of a cross-section of Kashmiri women who have lost their rights as state subjects. An amendment to this law allows for women to inherit property, but they can neither buy new property nor can their children inherit the mother’s property.

    The BJP’s women’s brigade, led by Meenakshi Lekhi, supported Ms Tharoor’s stand even as they tore into Article 370. “I’m all in support of her (Sunanda). Under the State Subject Act, you lose your permanent resident certificate if you marry a non-state individual.”

    “The J&K Permanent Resident (Disqualification) Bill 2004 was passed in the Lower House with PDP support, but failed to clear the Upper House of the J&K Assembly. The present National Conference government has kept the bill pending,” Meenakshi Lekhi added.

    Anil Bhan, a Kashmiri pandit and a former additional solicitor-general, feels there are many grey areas in this bill.

    “A large number of women from UP are marrying into the state and acquiring property, which they will continue to hold even if they divorce their husbands. The same is the case with Afghani women who are marrying Kashmir men.”

    http://defenceforumindia.com/forum/...cle-370-heres-all-you-need-kn.html#post822509

    ************************************************

    It is really odd that Tharoor & his wife have different opinion.
     
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  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Only when a country is affluent, then & then only can all people feel good to belong.

    Pakistan must be shown to be an option that only those who have a death wish will join.
     
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  15. Vishwarupa

    Vishwarupa Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Understanding Article 370

    Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future.

    At the Bharatiya Janata Party’s recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. This is encouraging and suggests that the BJP may be willing to review its absolutist stance on the Article that defines the provisions of the Constitution of India with respect to Jammu and Kashmir. Any meaningful debate on Article 370 must, however, separate myth from reality and fact from fiction. My purpose here is to respond to the five main questions that have already been raised in the incipient debate.

    Why it was incorporated
    First, why was Article 370 inserted in the Constitution? Or as the great poet and thinker, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949: “Why this discrimination please?” The answer was given by Nehru’s confidant, the wise but misunderstood Thanjavur Brahmin, Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet, a former Diwan to Maharajah Hari Singh of Jammu and Kashmir, and the principal drafter of Article 370). Ayyangar argued that for a variety of reasons Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.”

    The involvement of the United Nations brought an international dimension to this conflict, an “entanglement” which would end only when the “Kashmir problem is satisfactorily resolved.” Finally, Ayyangar argued that the “will of the people through the instrument of the [J&K] Constituent Assembly will determine the constitution of the State as well as the sphere of Union jurisdiction over the State.” In sum, there was hope that J&K would one day integrate like other States of the Union (hence the use of the term “temporary provisions” in the title of the Article), but this could happen only when there was real peace and only when the people of the State acquiesced to such an arrangement.

    Second, did Sardar Vallabhbhai Patel oppose Article 370? To reduce the Nehru-Patel relationship to Manichean terms is to caricature history, and this is equally true of their attitude towards Jammu and Kashmir. Nehru was undoubtedly idealistic and romantic about Kashmir. He wrote: “Like some supremely beautiful woman, whose beauty is almost impersonal and above human desire, such was Kashmir in all its feminine beauty of river and valley...” Patel had a much more earthy and pragmatic view and — as his masterly integration of princely states demonstrated — little time for capricious state leaders or their separatist tendencies.

    But while Ayyangar negotiated — with Nehru’s backing — the substance and scope of Article 370 with Sheikh Abdullah and other members from J&K in the Constituent Assembly (including Mirza Afzal Beg and Maulana Masoodi), Patel was very much in the loop. And while Patel was deeply sceptical of a “state becoming part of India” and not “recognising ... [India’s] fundamental rights and directive principles of State policy,” he was aware of, and a party to, the final outcome on Article 370.

    Negotiations
    Indeed, the synergy that Patel and Nehru brought to governing India is evident in the negotiations over Article 370. Consider this. In October 1949, there was a tense standoff between Sheikh Abdullah and Ayyangar over parts of Article 370 (or Article 306A as it was known during the drafting stage). Nehru was in the United States, where — addressing members of the U.S. Congress — he said: “Where freedom is menaced or justice threatened or where aggression takes place, we cannot be and shall not be neutral.” Meanwhile, Ayyangar was struggling with the Sheikh, and later even threatened to resign from the Constituent Assembly. “You have left me even more distressed than I have been since I received your last letter … I feel weighted with the responsibility of finding a solution for the difficulties that, after Panditji left for America ... have been created … without adequate excuse,” he wrote to the Sheikh on October 15. And who did Ayyangar turn to, in this crisis with the Sheikh, while Nehru was abroad? None other than the Sardar himself. Patel, of course, was not enamoured by the Sheikh, who he thought kept changing course. He wrote to Ayyangar: “Whenever Sheikh Sahib wishes to back out, he always confronts us with his duty to the people.” But it was Patel finally who managed the crisis and navigated most of the amendments sought of the Sheikh through the Congress party and the Constituent Assembly to ensure that Article 370 became part of the Indian Constitution.

    Third, is Article 370 still intact in its original form? One of the biggest myths is the belief that the “autonomy” as envisaged in the Constituent Assembly is intact. A series of Presidential Orders has eroded Article 370 substantially. While the 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State with the support of the Sheikh, the subsequent series of Presidential Orders have made most Union laws applicable to the State. In fact today the autonomy enjoyed by the State is a shadow of its former self, and there is virtually no institution of the Republic of India that does not include J&K within its scope and jurisdiction. The only substantial differences from many other States relate to permanent residents and their rights; the non-applicability of Emergency provisions on the grounds of “internal disturbance” without the concurrence of the State; and the name and boundaries of the State, which cannot be altered without the consent of its legislature. Remember J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.

    Fourth, can Article 370 be revoked unilaterally? Clause 3 of Article 370 is clear. The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. In other words, Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing to recommend its revocation. Of course, Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review which may find that this clause is a basic feature of the relationship between the State and the Centre and cannot, therefore, be amended.

    Gender bias?
    Fifth, is Article 370 a source of gender bias in disqualifying women from the State of property rights? Article 370 itself is gender neutral, but the definition of Permanent Residents in the State Constitution — based on the notifications issued in April 1927 and June 1932 during the Maharajah’s rule — was thought to be discriminatory. The 1927 notification included an explanatory note which said: “The wife or a widow of the State Subject … shall acquire the status of her husband as State Subject of the same Class as her Husband, so long as she resides in the State and does not leave the State for permanent residence outside the State.” This was widely interpreted as suggesting also that a woman from the State who marries outside the State would lose her status as a State subject. However, in a landmark judgement, in October 2002, the full bench of J&K High Court, with one judge dissenting, held that the daughter of a permanent resident of the State will not lose her permanent resident status on marrying a person who is not a permanent resident, and will enjoy all rights, including property rights.

    Finally, has Article 370 strengthened separatist tendencies in J&K? Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. It was about empowering people, making people feel that they belong, and about increasing the accountability of public institutions and services. Article 370 is synonymous with decentralisation and devolution of power, phrases that have been on the charter of virtually every political party in India. There is no contradiction between wanting J&K to be part of the national mainstream and the State’s desire for self-governance as envisioned in the Article.

    Separatism grows when people feel disconnected from the structures of power and the process of policy formulation; in contrast, devolution ensures popular participation in the running of the polity. It can be reasonably argued that it is the erosion of Article 370 and not its creation which has aggravated separatist tendencies in the State. Not surprisingly, at the opposition conclave in Srinagar in 1982, leaders of virtually all national parties, including past and present allies of the BJP, declared that the “special constitutional status of J&K under Article 370 should be preserved and protected in letter and spirit.” A review of its policy on Article 370, through an informed debate, would align today’s BJP with the considered and reflective approach on J&K articulated by former Prime Minister Atal Bihari Vajpayee. Only then would the slogans of Jhumuriyat, Kashmiriyat and Insaniyat make real sense.

    (Amitabh Mattoo is Director, Australia India Institute, Professor of International Relations, University of Melbourne and Jawaharlal Nehru University.)

    Understanding Article 370 - The Hindu
     
  16. AVERAGE INDIAN

    AVERAGE INDIAN EXORCIST Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Govt open to debate on Article 370 in Jammu and Kashmir: PMO


    NEW DELHI: The Narendra Modi government is open to debate on Article 370 in Jammu and Kashmir, minister of state in Prime Minister's Office Jitendra Singh said on Tuesday while making it clear that efforts would be made through this exercise to "convince" the "unconvinced".

    Repeating the stand of Modi during his rally in December last year, Singh, a first time Parliament member and a surprise choice as minister of state in the PMO, said, "his (Modi's) intention and that of the government is that we have a debate so that we can convince the unconvinced about the disadvantages of Article 370.

    "If we do not have debate and discussion how would you be able to tell those who have been unable to understand what they have been deprived of on account of Article 370," he said after taking over as minister of state in-charge of department of personnel and training, which has administrative control over the CBI.

    57-year-old Singh said Article 370 was more of a psychological barrier than a physical one and added that the Modi-led government was open to debate with all stakeholders, including youths, pros and cons of retaining or withdrawing the Article.

    Singh said Modi supports debate on Article 370 keeping in mind democratic values. "The Prime Minister had said we want to have a debate. This does not mean that we want to have a debate because certain section of media interpreted that Prime Minister deviated from its stand. It's not so. He said so with respect to the highest values of democratic system."

    Singh, a doctor by profession, noted that BJP has won half of the six Lok Sabha seats from Jammu and Kashmir. "You see BJP has won half of the seats in Parliament from J&K. While BJP won three seats, PDP bagged the remaining three.

    "If you take voter account, we have more that 50 per cent vote share, he said."

    Singh said his party has been inviting all stakeholders to get on board and succeeded to a greater extent in the Valley particularly with the youth. He said people in J&K need to have an outlet. "A mainstream opposition outlet to dissent which we would not stifle because if you stifle that, that will lead them to an undemocratic outlet.

    "But within that framework we also want to explain to them how they have been deprived of enormous advantage which the other states of this country have enjoyed because they were not under the constraint of Article 370. Please remember that Article 370 off late has been more of a psychological barrier than a physical barrier," he said.

    Singh, who won from Udhampur constituency in Jammu and Kashmir, said the BJP has already gained considerable success through its discussion with all stakeholders on Article 370.

    "We have tried to interact with them (stakeholders) through media, through discussion and through seminars. We have already gained considerable success in this," the Minister said.

    Asked whether discussions have been held with Kashmiri youths and separatists, Singh said the process is already on.

    "No youth has separatist written on his forehead. We have tried to convince the youths of Kashmir that look here if you have a grievance against the Government of India, that does not necessarily make you a separatist and if it is done then it is unfair to them," said Singh.

    Singh said J&K has come out of a difficult phase of militancy which was there for last 20-25 years and it appears that there is normalcy. "Our efforts will be to support it. The youth section there is demoralised due to unemployment and many other reasons, due to militancy.

    "Our efforts would be to ensure sufficient opportunities of employment to them. For example, Narendra Modi has clearly said that he will take forward the initiatives started by the then Prime Minister Atal Bihari Vajpayee with regard to J&K," he said.

    Govt open to debate on Article 370 in Jammu and Kashmir: PMO - The Times of India
     
  17. AVERAGE INDIAN

    AVERAGE INDIAN EXORCIST Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    Process for repealing Article 370 on: Minister

    New Delhi, May 27 :

    Stirring a controversy, Minister of State in the Prime Minister’s Office (PMO) Jitendra Singh Tuesday said the new government has started the process for repealing article 370, which grants special status to Jammu and Kashmir.

    “The process of repealing article 370 has started. We are speaking to the stakeholders,” Jitendra Singh told TV news channel CNN-IBN.

    Jitendra Singh, Minister of State, PMO
    Jitendra Singh, Minister of State, PMO
    “The BJP has won more than half of the seats in Jammu and Kashmir. So we will interpret this as an endorsement of the BJP’s stand. Article 370 is more like a psychological barrier,” he said.

    The Bharatiya Janata Party won three of the six Lok Sabha seats in the state.

    His colleague and union minister Ravi Shankar Prasad, however, refused to make any detailed comment of the issue and said the government will take a “structured view” on the issue.

    Repealing article 370 after consultation with all stakeholders was one of the promises made by the BJP in its election manifesto.

    Jammu and Kashmir Chief Minister Omar Abdullah, meanwhile, said the state will not be a part of India if article 370 is repealed.

    “So the new MOS PMO says process/discussions to revoke article 370 have started. Wow, that was a quick beginning. Not sure who is talking,” Abdullah said in a tweet.

    “Mark my words and save this tweet – long after Modi government is a distant memory either J&K won’t be part of India or article 370 will still exist,” he said.

    “Article 370 is the only constitutional link between J&K and rest of India. Talk of revocation not just ill informed it’s irresponsible,” the chief minister added.

    Article 370 specifies that except for defence, foreign affairs, communications and ancillary matters (matters specified in the instrument of accession), the Indian parliament needs the state government’s concurrence for applying all other laws.

    (IANS)

    Process for repealing Article 370 on: Minister - OdishaSunTimes.com
     
  18. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Re: Narendra Modi demands debate on Article 370, here's all you need t

    One question does article 370 prevents investment which are necessary for job creation in J&K .IF yes the why where central gov sleeping for last 10-15-20 years
     

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