Omar warns against revoking Article 370

HeinzGud

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Hello Sinhala Guderian ... long time ... No see.
I like that Sinhala Guderian...... :namaste:... was busy doing stuff........ :p

Autonomy does not mean beyond sovereignty but the right to decide for themselves how they would live - why should Sinhala decide that Tamils should eat beef !!
Exactly. They can do it in district level. Village level. Why go to a province level where there is no real control of things.

Most of all Sinhalese hasn't force anything down Tamils throat.
 

HeinzGud

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you surely mean Tamilnadu !! Ha Ha Ha .... They are going to attack you .. ?? They do not have that autonomy. LTTE pullighals had no one from Tamilnadu in their ranks .... They do not have pullies in Tamilnadu !!
Yes Tamilnadu is one of them. They are going over the fence sometimes. I dunno no country can go forward when there own pulling their legs for this and that.
 

kseeker

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Nitin Gadkari joins Article 370 row, says it blocked development of J&K - The Times of India

NAGPUR: Senior BJP leader and Union minister for transport and shipping, Nitin Gadkari on Wednesday joined the row over Article 370 saying that the development of Jammu & Kashmir got blocked due to the Constitutional provision that bestows special status on the state.

"The development of Jammu & Kashmir could not take off due to Article 370. There is a tremendous scope for development of the State (Jammu & Kashmir) and a number of possibilities for tourism (exists). Hence, the new government is keen to develop the State in a better way," Gadkari told reporters after visiting 'Deekshabhoomi' here where he paid tributes to Dalit icon Babasaheb Ambedkar.

Earlier in the day, the former BJP national president visited 'Smruti Mandir' housing samadhis of K B Hedgewar, the founding Sarsanghchalak of RSS and Golwalkar, the second Sarsanghchalak, in Reshimbagh area of the city.

Meanwhile, responding to a query on decommissioned aircraft career 'INS Vikrant', Gadkari said that he would look into the issue and seek details from New Delhi. INS Vikrant was auctioned a month back and was moved out of the Naval dock in Mumbai on Wednesday and taken to a ship breaking yard located in south Mumbai.

Gadkari, who arrived here on Tuesday night for first time after becoming a Cabinet minister, will assume office tomorrow.

Congress accuses BJP of trying to polarize upcoming assembly polls

Alleging political motive behind remarks of BJP minister Jitendra Singh favouring a debate on Article 370, Congress on Wednesday alleged this is "not a flip flop" but a "carefully orchestrated attempt" at polarizing upcoming assembly elections in states.

The party also echoed Jammu & Kashmir chief minister Omar Abdullah's view that Article 370 that provides special status to Jammu and Kashmir simply "cannot be repealed".

Minister of state in Prime Minister's Office Jitendra Singh on Tuesday stoked a controversy on Article 370 by seeking a debate. Singh, however, later clarified that he was "misquoted" on the issue.

Rejecting the clarification, Congress spokesperson Abhishek Singhvi said that with these remarks it is clear that "so-called development talk" by BJP during elections was all "rhetoric and camouflage" only till the elections were on.

"Barely a day after taking oath, we have diverse, divisive agendas nakedly out in the front. It is a day of entering the office and the first priority which the BJP-led government could think of is Article 370.

"According to us, each and every comment and statement is deliberate, thought out, orchestrated and intended to politicize and polarize," Singhvi said.

He said that such "tactics" are unfortunately being used to "inflame" passions even though it is clear that it is "not politically possible, numerically feasible and constitutionally correct.

"They are being thrown to confuse, confound and create the polarization and the politicization. We condemn it unequivocally and roundly. This is not a flip flop flip. It is a carefully orchestrated attempt to politicize and polarize not only in Jammu & Kashmir but across the country.

"It is intended to be inflammatory, divisive, and provocative and most important the BJP knows that they cannot do it. The BJP knows that they do not have the numbers and the mandate, but it is thrown in with a view to state elections. It is thrown in with a view to divide and inflame the electorate... on a pan-India basis," Singhvi alleged.

Singhvi rued that no less than a Minister of State in the PMO office made the statement, which is on "candid camera in detail".

"It is then retracted, then the remote control from Nagpur speaks on it, then senior leaders of the BJP run to discuss with the remote control," Singhvi said.

Former information and broadcasting minister and party leader Manish Tewari said Article 370 that provides special status to Jammu & Kashmir simply "cannot be repealed", saying it will need the consent of the constituent assembly which "cannot be resurrected".

There should be a basic understanding of the Constitution before any statement is made on such a "sensitive issue", he added.

"Article 370 (3) read with Art 370 (2) clarifies that 370 cannot be repealed without consent of constituent assembly which does not exist. No brainer," Tewari tweeted.

He said, "Article 370 makes it very clear if you read Article 370's Section 3 that the President of India can only by notification repeal it if he has the explicit consent of the Constituent Assembly.

"And the constituent assembly has prorogued and ceased to exist. It has been dissolved and it cannot be resurrected."

He said, "So obviously a bare read of the Constitutional provisions makes it clear that it is not possible even if there is a desire to repeal Article 370.... There should be a basic understanding of the Constitution before any articulation is done or any statement is made on such a sensitive issue". Speaking in the same vein, Omar said that the BJP government cannot abrogate Article 370 till the constituent assembly is recalled.

"The constituent assembly approved accession of Jammu & Kashmir to India. If you want to raise the question once again, then you need to bring the constituent assembly and then we will talk," Omar told reporters, while defending the constitutional provision.
 

saurabhkumarsingh

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Well India cant afford anathor unrest in the valley seeing the investment done in infrastructure and power. India has set up many hydroelectric plants over the kashmiri rivers and made dams too
 

tarunraju

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Just so we are clear, Instrument of Accession signed by Kashmir's monarch, and not Article 370, is the legal link between India and Kashmir. When India annexed Hyderabad princely-state, Nizam had to eat crow and sign such an instrument. There was no BS article-370 for us. Same applies to several other princely states (eg: Junagarh).

Oh, and Hyderabad entered the Indian Union 2 years AFTER Kashmir did.
 

Himanshu Pandey

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better is to resettle kashmiri hindus and a million other hindus(mostly retired security personal) in next 5 years in vally... and once they are setteled there... we should start this debate on article 370... and remove it.

its high time that kashmiri start seeing themselves as Indian or pack and move to land of pure.... anybody who is anything else before being Indian should move out of India.
 

PredictablyMalicious

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Just so we are clear, Instrument of Accession signed by Kashmir's monarch, and not Article 370, is the legal link between India and Kashmir. When India annexed Hyderabad princely-state, Nizam had to eat crow and sign such an instrument. There was no BS article-370 for us. Same applies to several other princely states (eg: Junagarh).

Oh, and Hyderabad entered the Indian Union 2 years AFTER Kashmir did.
It was Maharaja Hari Singh who introduced the concept of Hereditary State Subject in the state thus barring the non-citizens from taking up employment in Jammu and Kashmir. This was way before J&K's accession.You have to understand that compared to other princely states, J&K was more isolated geographically and thus already had a separate identity. Our demographics have not changed much in centuries.
 

Vishwarupa

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What exactly is the Article 370 and why is it so important to J&K?
Article 370 says except for defence, foreign affairs, finance and communication, all other laws passed by Indian Parliament need to be okayed by the state government before they are made applicable.

Yahoo India – 20 hours ago
25
Print
BANGALORE: The row over article 370 escalated with Jammu and Kashmir's political parties as well as Congress opposing any move to revoke the constitutional provision guaranteeing special status to the state and the RSS stressing that the state would remain an integral part of India while simultaneously attacking Chief Minister Omar Abdullah for suggesting otherwise.

The state's ruling National Conference and its coalition partner, the Congress, as well as the opposition People's Democratic Party (PDP) reacted strongly to Minister of State in the Prime Minister's Office Jitendra Singh's statement that talks had been started with stakeholders to begin the revocation process.

Abdullah asked the central government to come clean on the "stakeholders" it was talking to on the contentious issue.

"We will oppose the move tooth and nail. Since it is the minister of state in the PMO talking, it is a policy matter. They (central government) must come clean and share who are the stakeholders they have talked to," he told journalists in Srinagar.

Soon after Jitendra Singh's statement, Abdullah said: "Jammu and Kashmir would not be part of India if Article 370, which grants special status to the state, is revoked."

"Mark my words & save this tweet - long after Modi Govt is a distant memory either J&K won't be part of India or Art 370 will still exist," he had tweeted.

The Rashtriya Swayamsevak Sangh hit back at Abdullah, saying the state would remain an integral part of India irrespective of Article 370 being repealed or not.

"J&K won't be part of India? Is Omar thinking it's his parental estate? (Article) 370 or no 370, J&K has been and will always be an integral part of India," RSS spokesman Ram Madhav tweeted.

So what exactly is the Article 370 and why is it so important to Jammu and Kashmir?

#According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy.

#The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir.

#Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370.

#In 1949, the then Prime Minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar (then law minister) to prepare the draft of a suitable article to be included in the Constitution.

#Except for defence, foreign affairs, finance and communication, all other laws passed by Indian Parliament need to be okayed by the state government before they are made applicable. This was specified in the Instrument of Accession signed by Maharaja Hari Singh when he agreed to join the Union of India in 1947, instead of going with Pakistan.

#As a result of this, the citizens of Jammu and Kashmir are governed by state-specific laws which come under the Constitution of Jammu and Kashmir, instead of those for the rest of India, especially where citizenship, ownership of property and some fundamental rights are concerned.

#This article, along with Article 5 that defines the contours of jurisdiction of Indian Parliament regarding lawmaking for the state, cannot be amended.

#The 1952 Delhi Agreement also specified that the state should have its own flag in addition to the Union flag and they should have the same status.

#This arrangement was further ratified by the 1974 agreement between the then Prime Minister Indira Gandhi and the then J&K Prime Minister Sheikh Abdullah (appointed by Hari Singh).

#It was agreed that head of state called Sadar-i-Riyasat (or the Prime Minister) was to be elected by the state legislature.

#The agreement opposed imposition of Article 352, empowering the President to proclaim general emergency in the state

#The state legislature has a six-year term, unlike other elected bodies, which have a five-year period, including our Parliament.

In a nutshell

#The Indian Supreme Court has no jurisdiction in J&K.

#Disrespecting the Tricolour and other national symbols is not a crime in the state.

#J&K residents enjoy dual citizenship. They will lose their J&K citizenship if they marry residents of other states.

#A Pakistani resident gains J&K citizenship if he marries a J&K citizen.

#RTE, RTI, CAG and majority of Indian laws are not applicable in the state.

#Because of Article 370, no outsider (anyone who is not a native Kashmiri) can purchase land in J&K. (Text: Mail Today)


https://in.news.yahoo.com/what-exac...-why-is-it-so-important-to-j-k-074215152.html

What crap is this if a pakistani marries J&K citizen he will automatically become Kashmiri so this is how pakistanis are entering India from last 65 years. Also how can they not respect Indian Tricolour or other national symbols when they are ready to accept Indian tax payer money for running J&K.

It is not only time to revoke article 370 but also take over POK.
 

Sridhar

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'Article 370 is Very Misconceived': Interview with Jagmohan, Former Governor of J&K

Wednesday, 28 May 2014 16:19
Claude Arpi
Claude Arpi's interview with Jagmohan, Former Governor of Jammu and Kashmir and Union Minister.

Claude: Sir, there are rumors that India and Pakistan will soon have a 'deal' on Kashmir. As someone who has been twice governor, in 1982 and in 1989 and this in the most difficult conditions, could you tell us how do you see the situation today? Is there any chance of a breakthrough in the peace process?

Jagmohan: The basic point is: whatever arrangements will be made, these arrangements will not work if the fundamentalist forces remain in power and if they dictate the law by the virtue of the gun. Take for example the suggestion [from President Musharraf] that they should be a joint-rule, joint management [of parts of the J & K State]. All this sounds very big, but it does not mean anything. If you and I are controlling the same place and if we differ, who is going to decide, who will have the final word? Even elementary things like that are not clear in Musharraf's proposal.

And what does it means 'self-rule'. If it means a 'democratic rule', it is already existing in our part of Kashmir; elections are regularly held and elected leaders form the government. What other 'self-rule' do you want? 'Self-rule' does not mean that Kashmir can become independent.

And if Kashmir becomes independent, who is going to provide the money which is needed to run the government. Take the example of the Plan Expenditure [money allocated for development in the Five- Year Plan], today it is 100% financed by the Central Government.

Between 40 to 45% of the Non Plan Expenditure [allocations outside the Plan to run the day to day expenses] are met by the Central Government. In case of 'self-rule', nobody has made clear who will pay the bill.

Claude: Kashmir is today the most subsidized State in India!

Jagmohan: The poorest State in India is Bihar, but today Kashmir gets 11 times more Central assistance than Bihar. If 'self-rule' means self-sufficiency, all this support from the Central government will stop. But the problem is that nobody, none of the Kashmiris leaders will tell you this. If you ask them, they will say, "the finances will come", but they will remain vague. That is for development.

Then Non Plan Expenditure, the day to day expenses like the salaries [of the government employees]. If tomorrow Kashmir is 'de-linked' from India except for External Affairs, Communications and Defence, the finances will not be provided anymore.

The next question is "who will pay?"

Will the Americans do it? Nobody is able to answer these questions. Some say, India should continue to finance 'self-ruled' Kashmir, but if tomorrow the 'self-ruled' government declare themselves independent or an Islamic State, will India, a secular State continue to finance a theocratic State?

There are so many contradictions in these proposals; it is what people do not understand. There are so many loopholes.

So far is Pakistan concerned, it is not even a democracy [and they are speaking of 'self-rule'].

Claude: Does 'self-rule' applies also to Baltistan, Gilgit and other parts of Kashmir occupied by Pakistan?

Jagmohan: [Musharraf] has not clarified this. Today, [these areas] are virtually a colony of Pakistan. In POK, the President of Pakistan is the Chairman of the Security Council, of the Development Council and of the Kashmir Council. The Minister for Kashmir Affairs in Islamabad is the Vice-Chairman of these Councils. It means that all decisions are taken by Islamabad. It is not like here in India where the elected Chief Minister can take its own decision, there is not such thing in PoK. [The problem is that] nobody has gone into the nitty-gritty of these proposals.

Claude: Would this means 'self-rule' for Ladakh and Jammu

Jagmohan: On the Indian side, we have given an autonomous Council to Ladakh because of his special character. It means that for certain subjects, whatever Ladakh decides, it is final. You can not [constitutionally] go beyond this, but because of these arrangements, Ladakh is prosperous.

Their only grievance is that they want to get rid of the Kashmir State. They want the status of Union Territory whereby they will directly be linked with the Central Government. It is also a problem, because Ladakh has two districts, Leh which is Buddhist dominated and Kargil which is Shia dominated.

The only solution for all these areas of the Valley, Jammu, Ladakh is that we have to learn to live together and to learn to work for the social and economic development of the State. We should not waste our energies in ethnic issues. If you look at ethnicity in the Jammu & Kashmir State, you will find so many ethnic groups. For example the shepherds in hilly areas can ask for a separate State, the people living in the mountains close to Himachal Pradesh speak Pahari, a different language and they are racially different, they can ask for a separate State, same thing with the Jammu people, or Pooch or Rajauri area. Even on the Pakistan side, you have the Mirpuri or people from Gigilt. It is just like Yugoslavia, the separation has only created havoc and bloodshed.

[In Jammu & Kashmir], many small dictators will claim to the leadership of their own area and the economical development will suffer, the State will suffer, everybody will suffer. I am against this; people should learn to live together with their own differences. So far the State is concern, one should provide good governance, give justice to people, offer economic development.

When I was in Kashmir the first time, I did a lot of developmental work and people forgot about article 370 and other [political] issues. There was justice, the roads were built, everything was done and people were happy; their attention was diverted from the narrow issues.

Claude: I noticed recently in Jammu that Indian firms can not invest in Jammu & Kashmir because of the Article 370. How to develop in these conditions?

Jagmohan: Article 370 is a very misconceived Article.

First, it generates the feeling among Kashmiris that they are different [from the rest of India]. They believed: "We are different". This has created a separate psyche in Kashmir.

Then it benefits people who want the power like the Abdullah family; they have exploited this Article, not allowing outside people to come to the State. They have thus created their own sheikhdom.

I will tell you a story. When I was for the first time Governor in Kashmir, one day a fire erupted in an area of Srinagar. I went to inspect the place, it was stinking, there was no sewage at all. After some time, I sold in the same area a plot for a cinema which brought 60 millions rupees to the State. I had opened the tender to outside parties from Delhi and Mumbai. Normally under Article 370, it should have been restricted to local people, but we would have not got more than 4 millions. A friend of a politician would have bought it and eventually this 'friend' would have entered into a lease agreement with the Mumbai businessman and will have pocketed the difference. The middle man would have got the benefit, not the State.

The local leaders started an agitation against me, because I was not respecting Article 370. They came in a delegation, it included the people from the area were the fire had erupted (and where there was no sewage). They told me that it is an infringement of Article 370. I told them: "Do you understand what it means for you Article 370?" They spoke of their self-identity. I told them: "I went to your colony and it was stinking, yourself told me that you were living in hell, now with this 60 millions I will provide you with proper sanitation. Do you want sanitation or Article 370?" They immediately understood.

It is vested interest who keeps this article 370 and do not allow outside investment to come. This article does not help anyone, it hampers economic development. It only helps politicians and narrow-minded people who work only for their selfish interest.

This article has been sourced from the Republic News Partner: Indian Defence Review

'Article 370 is Very Misconceived': Interview with Jagmohan, Former Governor of J&K » The Indian Republic
 

hit&run

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Debate on article 370 has been already made blasphemous by Barkha Dutt ,NDTV for that matter alone, before it could be started. The notion been thrust upon us ( like secularism and so called Muslim apprehensions against Modi was), by this media channel is that, the minster concern has done great dis-service to this nation by talking about it. BJP for obvious reasons hasn't come up with good response on it .

This NDTV journalist who is more cunning than 'Shakuni' has been playing so many broken records consistently that one can fairly say she rather representing masses represent her own agenda which we all know is subservient to Congress-I; which she has to keep floating in political discourse; which otherwise has been dejected by this nation; for her to be relevant.

Taking this so called controversy in media as a case study ; look at my choice of word '' Controversy'' that even I can be feed by media, I am warning BJP rank and file that before the propaganda derails your government like they did 'Shining India' please keep tabs on this channel alone and make sure you have presence there to keep things in check, all you need to do is play with straight bat like you have been doing for last two years and so.
 
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anoop_mig25

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Can provisions of article 370 eroded in some way without taking consent of J&K assembly.

I mean like supreme court decision binding on j&K , election comission powers to be extended towards J&K and so that of CAG
 

moraljustice68

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Re: Either Article 370 will exist, or J&K won't be a part of India- Om

Mr Omar,
PLEASE ANSWER US:- Which country do you belong to ? I mean which country's passport do you hold? Are you Indian? or Are you not Indian?, if you are not Indian then we would like to know which country do you call yourself patriot of? , if you are not a patriot who sacrifices everything for the honor of this country India, is it fair to say you are a traitor of India? when Pakistan sent their men to invade Jammu and Kashmir, why you did not fight on the border of Jammu & Kashmir with the soldiers and protect your precious Jammu & Kashmir state by yourself and with your men, why in 1947 your King Hari singh came begging to India for help? where were you and your father at that time, why both of you didn't fight in the front line on J & K border, your father sent you to study Medicine in London (was that a free seat)????, why you didn't get admission in any medical college in India????
It is the blood of which you call "REST OF INDIA" is standing on the cold, hot border of J & K , so that you can lay on the cozy bed in London and issue a statement , that Article 370 is the "law that connect J & K to India".
The Rest of the Indians should sacrifice their life to protect your state J&K , but they should not buy land their, they should not do business there, and if they marry a girl from J &K she looses right on the properties of her ancestor, For example why don't you comedown and protect Tamil Nadu or Maharashtra or West Bengal or Punjab and in the process be ready to loose your life, and they don't let you do business or own land there or if you marry their daughter, she looses the right to her land and property, is this how you want to be treated by the rest of India(which you call so) . WILL YOU AND THE REST OF THE CLANS IN JAMMU & KASHMIR GROW UP? Do you know because of Article 370 people from Jammu & Kashmir are afraid to live in the rest of India, because they are concerned about the backlash and alienation they show to the rest of India in J & K , will be paid back to them in rest of India? you call you yourself a doctor, haven't you heard of reverse psychology? IT CAN BE PROVED BEYOND DOUBT THAT YOU AND YOUR CLAN WANT TO ISOLATE AND ENSLAVE THE PEOPLE OF JAMMU & KASMIR.
IT IS SHAMEFUL THAT THE PEOPLE OF J & K ARE VOTING FOR YOU AND YOUR CLAN INCLUDING THE PSUEDO BRAVE HINDU RAJPUTS IN J & K WITHOUT REALISING THEY ARE BEING ENSLAVED BY YOU AND YOUR CLAN.
I CHALLENGE THE PEOPLE OF JAMMU & KASMIR TO COMPETE WITH PEOPLE FROM THE REST OF INDIA IN YOUR STATE AND DEFEAT THEM IN EDUCATION, SPORTS, JOBS, BUSINESS, AND LET YOUR J&K GIRLS CHOOSE YOUR STATE BOYS FOR MARRIAGE OVER THE REST OF THE INDIA AND SHOW THAT YOU ARE SUPERIOR CLASS, WHAT ARE YOU AFRAID OF????, IF YOU DON"T WANT THE REST OF INDIA TO CHALLENGE YOU J&K PEOPLE in J&K THEN I AM SORRY TO SAY THAT I AM FORCED TO CONSIDER YOU ARE COWARDS AND SLAVES OF YOUR FALSE IMAGE AND FEAR,
BUT IF YOU PEOPLE OF JAMMU & KASHMIR DID DECIDE TO BREAK SHACKLES OF ARTICLE 370 SLAVERY CHAIN AND WANT TO FREE YOURSELF, BE REST ASSURED THE REST OF INDIA WILL ADMIRE YOUR BRAVERY, YOUR MORAL INTEGRITY AND YOUR PATRIOTISM IF YOU ARE REALLY INDIAN CITIZENS, THE INDIANS FROM INDIA AND ALL OVER THE WORLD WILL BE PROUD OF YOU. ABOVE ALL GOD WILL REWARD YOU BECAUSE IT IS A JUST CAUSE AND A MORAL THING TO DO!!!!
 

LordOfTheUnderworlds

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These kashmiri lolay will destroy Jammu and Ladakh. Duggar Pradesh - a separate Jammu state, is the need of the hour. Dogras don't want to be part of ghatiya Kashmiris. Dogri speaking areas of Himachal and the entire Jammu region should be merged to form a Duggar Pradesh.
It's okay. But if possible try to name it something other than Duggar Pradesh. It sounds funny.
 

LordOfTheUnderworlds

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Exactly what repercussions are people scared of to remove article 370? The problem is limited only to some people of one region of the state and they (and Pakistan) have tried all possible mischief in last 25 years. They cant do anything more than that surely? Not something that India can not handle. In fact they can't even do as much as they did in last 2 decades because of fatigue factor and Pakistan's isolation internationally.
It is stupid to keep waiting for some imaginary change of heart of each and every individual.

Just remove that article 370 at first chance.

There should be redistribution of state assembly seats. The state is made up of at least 4 major regions and just one region has mjority of seats. This is abnormal.

Adopt firm, maybe aggressive posture on POK /GB openly. All the attention should shift to POK /GB. People in this forum or any other forums should be discussing about POK/GB not about free (Indian) Kashmir.
 

Simple_Guy

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One good thing by the BJP domination in Jammu, and forays into Ladakh and Kashmir, is that separatism by the Kashmir-based parties has vanished.

Both NC and PDP were taking Article 370 for granted. NC was demanding "pre 1953" status and PDP wanted "self rule". But now these demands are gone. The whole debate has come back to Article 370.....great strategic moves by the BJP!
 

Kshatriya87

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They just waiting for coming to power. Once they too, they definitely will do something about the article.
 

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