Skirmishs at LOC, LAC & International Border

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prasadr14

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We have been down this road a few times, speculating as to what Modi is gonna do.
BUT
we all know jackShit.

That being said, this time it feels different, not because we KNOW what's going to happen but because we know SOMETHING BIG is going to happen.

Now, if BJP removes 35a and 370, what next?
File case in courts?
Debate in parliament?

Now if it is up for debate in parliament, can any party worth it's salt want to be seen opposing scrapping of these articles?
Let's take courts now, mylords are not going to thrilled to be in center of attention on this contentious and sensitive issue? just look at how they are squirming at Ram Temple issue. This is much bigger and they would rather govt and parliament take a decision and leave them out of it.

This is one matter where no party involved want to be seen opposing abrogation, it's a political as well as career suicide. It's not just that, any person who is seen stopping these would go down in history with their named forever debated as traitors....
 

tarunraju

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SC cannot stay a Presidential order. It lacks that power.

35A's deletion will happen as follows.
  • Cabinet will officially ask President to delete 35A
  • President will sign a Presidential order deleting 35A from the Constitution, same exact way it was added in the first place
  • Done. No Parliament approval required, no SC judicial review, nothing. SC can't do jack about it
And just so we're clear, this is a Presidential order, and not an Ordinance (which is temporary and requires legislation in the future).

Once President signs the order to delete 35A, Parliament needn't legislate on it for the next quadrillion millennia.
 

prasadr14

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SC cannot stay a Presidential order. It lacks that power.

35A's deletion will happen as follows.
  • Cabinet will officially ask President to delete 35A
  • President will sign a Presidential order deleting 35A from the Constitution, same exact way it was added in the first place
  • Done. No Parliament approval required, no SC judicial review, nothing. SC can't do jack about it
And just so we're clear, this is a Presidential order, and not an Ordinance (which is temporary and requires legislation in the future).

Once President signs the order to delete 35A, Parliament needn't legislate on it for the next quadrillion millennia.
Agreed.

35a is pretty straight-forward,
Courts would be more than happy if no one involves them in this matter.

Quesiton is if govt removes 370 as well.
Then the fun starts.
 

amit204

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SC cannot stay a Presidential order. It lacks that power.

35A's deletion will happen as follows.
  • Cabinet will officially ask President to delete 35A
  • President will sign a Presidential order deleting 35A from the Constitution, same exact way it was added in the first place
  • Done. No Parliament approval required, no SC judicial review, nothing. SC can't do jack about it
And just so we're clear, this is a Presidential order, and not an Ordinance (which is temporary and requires legislation in the future).

Once President signs the order to delete 35A, Parliament needn't legislate on it for the next quadrillion millennia.
I think, the trifurcation gives more mileage to the BJP rather than reomval of 35/370. So i think it is trifurcation and automatic removal of 35/370
 

S.A.T.A

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But isnt assembly=Governor in this case, and for Center BJP has required majority in both house in cased needed. So where is the problem?
state assembly and the governor are separate constitutional entities. If an assembly ceases to exist, the governor does not automatically represent the people state or have the powers to enact laws. He is just the representative of the central government.
 

Holy Triad

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Meanwhile,in Afghanistan


51 Taliban have been killed in ghazi province, including 34 Pakistani nationals from Swat, Parachinar, Sadda,& Hangu districts of Pakistan






Looks like Saleh is pissed off these days(especially against pukis).
A failed assassination attempt tend to have that effect.:biggrin2:
 
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Bosch

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My prediction is that 35A will definitely go. Trifurcation and 370 will have to go to Parliament for approval and will not happen immediately. Unless there is some legal loophole which attorney general would have advised Modi by now.
 

S.A.T.A

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I still remember distinctly when united Andhra Pradesh assembly passed a motion against bifurcation. But the central government went ahead and did it.
This is what, thanks to the Article 370, makes J&K different from other states. All changes to the constitution pertaining to Kashmir will require acquiesce of the J&K assembly. If Article 370 was operational in Andhra, then assent of the assembly for bifurcation would have been a prerequisite.
 

Bosch

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This is what, thanks to the Article 370, makes J&K different from other states. All changes to the constitution pertaining to Kashmir will require acquiesce of the J&K assembly. If Article 370 was operational in Andhra, then assent of the assembly for bifurcation would have been a prerequisite.
:scared2:

30000000000000000000000000000000000000000
 

Indx TechStyle

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Scrapping section 35A should not be a big deal. However it's my opinion that trifurcation or amendment to Article 370 requires assent of the J&K assembly. I'm not sure what what path the government has discovered to skirt around this conundrum.
state assembly and the governor are separate constitutional entities. If an assembly ceases to exist, the governor does not automatically represent the people state or have the powers to enact laws. He is just the representative of the central government.
No, governor does.
When Farooq Abdullah and Indira Gandhi had dissentions and Kashmir was under President rule, this provision was made to govern state. It will used now.
 

republic_roi97

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This is what, thanks to the Article 370, makes J&K different from other states. All changes to the constitution pertaining to Kashmir will require acquiesce of the J&K assembly. If Article 370 was operational in Andhra, then assent of the assembly for bifurcation would have been a prerequisite.
But there's no assembly in JK right now, in place of that, its governors rule. Now what happens ??
 

sorcerer

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I think, the trifurcation gives more mileage to the BJP rather than reomval of 35/370. So i think it is trifurcation and automatic removal of 35/370
if such a massive deployment is made just for some jujoobi bill in LS like the reservation bill etc wont make INDIA as a nation look good in front of the whole world. ..and will actually be a negative effect.

There is more to it..but as usuall..info will trickle in days and weeks than in a single presser

trifurcation is also backed by the organization
 

S.A.T.A

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In absence of Assembly, the Guv will reign the state's governance. Rumour is Modi will take consent frm Guv himself to scrap either or both the articles.
The governor can take over administration, but he cannot enact new laws or declare cessation of laws already operating in the state.
 
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