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Landmark Verdict on Article 370: The Journey, Origin, Provisions, and its Repeal

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Landmark Verdict on Article 370: The Journey, Origin, Provisions, and its Repeal

Article 370, a significant provision in the Constitution of India, has a complex history that intertwines with the broader narrative of the country’s constitutional development. Enacted in 1949, Article 370 was designed to provide a temporary and special status to the state of Jammu and Kashmir, acknowledging its unique circumstances during the accession to the Indian Union.

Origins and Provisions:

The roots of Article 370 trace back to the Instrument of Accession signed by Maharaja Hari Singh of Jammu and Kashmir in 1947, choosing to accede to the newly formed Dominion of India. To address the distinctive circumstances of Jammu and Kashmir, Article 370 was included in the Constitution of India by Dr. B.R. Ambedkar. This article granted the state a certain autonomy, allowing it to have its own constitution, a separate flag, and limited powers for the Indian Parliament over the state’s affairs.

Under Article 370, the provisions of the Indian Constitution were not automatically applicable to Jammu and Kashmir. Instead, the state had its own constitution, and the Union government’s jurisdiction was limited to defense, foreign affairs, finance, and communications. Additionally, Article 35A, inserted through a Presidential Order in 1954, empowered the state’s legislature to define ‘permanent residents’ and accord them special rights and privileges.

Abrogation in 2019:

The special status granted by Article 370 became a topic of extensive debate and controversy over the years. Critics argued that the provision hindered the full integration of Jammu and Kashmir into the Indian Union, while proponents saw it as a safeguard for the region’s autonomy. The situation escalated in August 2019 when the government, led by Prime Minister Narendra Modi, took a historic step by abrogating Article 370 and bifurcating the state into two Union Territories – Jammu & Kashmir and Ladakh.

The move to revoke Article 370 was accompanied by a massive security lockdown in the region, drawing both domestic and international attention. The government defended the decision, stating it aimed at ensuring the region’s full integration into India, promoting development, and extending the benefits of various central schemes to the people of Jammu and Kashmir.

Post-Repeal Insights:

The abrogation of Article 370 triggered mixed reactions. While some hailed it as a decisive step towards national integration and development, others expressed concerns about its implications for the region’s autonomy and the constitutional precedent it set. The move also raised geopolitical concerns and led to changes in the dynamics of the India-Pakistan relationship.

After the repeal, the Union Territories of Jammu & Kashmir and Ladakh saw a series of administrative and political changes. The region has witnessed efforts to accelerate development, improve governance, and facilitate a more significant role for elected representatives in shaping the future. But several parties approached the Supreme Court of India to revoke the decision of the Union Government of India.

Landmark Verdict of the Apex Court today (11-Dec 2023):

Today, 11 December, the Supreme Court’s Constitutional bench delivered a landmark verdict on the constitutional validity of the abrogation of Article 370 in Jammu and Kashmir. The ruling, led by Chief Justice DY Chandrachud, declared Article 370 as a temporary provision and upheld its abrogation by the Narendra Modi-led Bharatiya Janata Party (BJP) government in August 2019. Chief Justice DY Chandrachud, while announcing the verdict, emphasized, “The State of Jammu and Kashmir does not have internal sovereignty different from other states. We have held that Article 370 is a temporary provision.” The apex court’s judgment also included directives for the Election Commission of India to conduct elections to the Jammu and Kashmir assembly by 30 September 2024. Furthermore, the court mandated the restoration of statehood at the earliest.

The entire nation keenly watches this verdict. Article 370’s journey from its enactment to repeal underscores the evolving nature of India’s constitutional landscape and the ongoing quest for a harmonious and integrated nation.

– ZURAN (@CriticZuran)

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Bandaru Dattatreya hails Article 370, CAA

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Bandaru Dattatreya hails Article 370, CAA

Himachal Pradesh Governor Bandaru Dattatreya on Tuesday hailed the Central government for scrapping Article 370 and amending the Citizenship Act (CAA).

Delivering the customary address to the state assembly on the first day of the Budget session, he said the Central government has passed the Constitution (application to Jammu and Kashmir) Order of 2019 in public interest.

By promulgating this order, Section 370 has been abolished and a single Constitution has been enforced bringing the entire nation from Kashmir to Kanyakumari under one Tricolour flag.

Besides this, the apex court, in a historic decision, has paved the way for construction of Ram Mandir by settling the Ram Janmabhoomi land case.

In the Citizenship (Amendment) Act, 2019, the government has made amendments to the Citizenship Act of 1955, prescribing provisions for conferring citizenship of India to the members of the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities who entered India from Afghanistan, Pakistan or Bangladesh because of religious persecution.

“This became possible only because of the guidance of a strong leadership in this country. My government endorses these decisions and congratulates the Central government for taking these unprecedented decisions,” the Governor said in his address in Hindi for nearly two hours.

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Indian govt’s ‘fascist tactics’ in Kashmir will fail: Imran

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Indian govt’s ‘fascist tactics’ in Kashmir will fail: Imran

Pakistan Prime Minister Imran Khan on Friday said that the Indian government’s “fascist tactics” in Kashmir will “fail miserably” to smother the Kashmiri freedom struggle.

The cricketer-turned-politician, in a series of tweets, warned the Indian government that “no force can stop” a nation from achieving its goals when unity is achieved in a freedom struggle and death is not feared.

Tensions have escalated between the two neighbours following India’s decision to revoke Article 370 of its Constitution which granted special status to Jammu and Kashmir.

“The fascist, Hindu supremacist (Narendra) Modi government should know that while armies, militants and terrorists can be defeated by superior forces; history tells us that when a nation unites in a freedom struggle and does not fear death, no force can stop it from achieving its goal.

“That is why the Hindutva exclusivist creed of the Modi-led government with its fascist tactics in Indian-occupied Kashmir will fail miserably in its attempt to smother the Kashmiri liberation struggle,” he added.

On Wednesday, Khan celebrated Pakistan’s Independence Day in “Azad Jammu and Kashmir” (AJK) to express “solidarity with the Kashmiris”, while India’s Independence Day on Thursday was observed as “Black Day” in Pakistan.

Addressing a special session of the AJK Legislative Assembly in Muzaffarabad, Khan had said the Pakistan Army “is battle-hardened and it is fully ready to respond to any violation by India”.

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Bollywood’s tug-of-war over Article 370

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Bollywood sees a great cinematic tale in the end of Article 370, and that’s making film production houses rush to register titles related to the government’s historic step. But not all will be given the green signal.

The week started with the government altering the special status of Jammu and Kashmir.

Since then, film producers have been thronging the offices of entertainment bodies like Indian Motion Picture Producers’ Association (IMPPA), Producers Guild of India and Indian Film and Television Producers Council (IFTPC) in Mumbai to register titles relating to the abrogation of Article 370.

“Since the time the decision was announced, we are getting five to six applications every day,” Mehul Kumar, senior vice president of the IMPPA, told IANS.

On Monday morning, Home Minister Amit Shah announced in the Rajya Sabha that the government has decided to revoke Article 370 of the Constitution which grants special status to Jammu and Kashmir. The decision also took away with it Article 35A.

Movie business analyst Atul Mohan shared a list of some of the titles submitted for registration.

“Film producers associations are getting flooded with applications to register the following titles for their films: ‘Article 370’, ‘Article 370 Scrapped’, ‘Article 35 A’, ‘Article 370 Abolished’, ‘Article35A Scrapped’, ‘Kashmir Mein Tiranga’, ‘Kashmir Hamara Hai’ and ‘370 Article’,” Mohan tweeted.

The applications will be reviewed by IMPPA for approval during a meeting, expected to be held later this month. Mehul says very few will be granted the title.

“We will take a call during the title registration meeting, and only one or two will be approved. After the Pulwama attacks, we got more than 30-40 title applications, and they were almost the same with just some addition in front or at the back.

“But the story and the incident on which the movie is based will remain the same, irrespective of the title. At that time, we decided that we will approve the one which came in the beginning. The same thing has happened this time with many submitting applications. And we will follow what we followed at the time of Pulwama title registration,” Mehul said.

According to Mehul, Anand Pandit’s production house has applied for titles on both — Article 370 and Article 35A.

“That’s why we are not taking any more applications,” Mehul added.

Bollywood’s attempt to cash in on the topical political events and historical turning point of the nation is not new. At the time of Pulwama attack, producers had lined up to register movie titles with an aim to give a cinematic spin to the real-life incident.

And the success of movies running high on patriotism instills confidence in them to tread the same path. “Kesari”, “Raazi” “Uri: The Surgical Strike” and “Article 15” being testimony to it.

Trade expert Rajesh Thadani feels a movie on the death of Article 370 will be “interesting” because of the India-Pakistan connect with the spotlight on Kashmir.

“And that is the reason everyone wants to register the title and be one up. The producers feel it will make a good story as it is very topical. There have been similar films which have worked well. Everyone wants to capitalise on that and make a film as soon as they can. They are registering all the titles, so that they can start the movie as soon as they have a script,” Thadani told IANS, adding: “They might have started hunting for stars for the movie as well”.

But film and trade expert Girish Johar feels content decides the fate of the film, not title.

“It doesn’t matter what the title of the film is. Audience is very smart — they know what film they want. Whatever the title is, the story has to be good. Blocking the title is just a herd mentality. I don’t see any sense in doing that,” Johar told IANS.

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Modi Circar mocking reply to Pakistan reactions

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Modi Circar mocking reply to Pakistan reactions

India issued an official statement appealing to Pakistan not to use Kashmir sentiments to promote cross-border terrorism. Modi Circar asked the Imran Khan government not to discontinue diplomatic relations with India in a hasty manner. India asked for the continuation of the existing trade relations without interruptions.

Modi Circar mockingly said that it is not surprised by the melodramatic, sentimental reactions from Pakistan. But it is an indispensable fact that Kashmir is and will remain an integral part of India. Article 370 is an issue concerning the Indian Constitution and it is an internal matter of India which requires no interference of outside forces.

Modi Circar reply is being hailed as a very highly calculated and strategic response to Pakistani responses to Kashmir issue. In a very smart way, India could get support from America which has already asked Pakistan to maintain restraint. International Community is also soft on Indian action since it may help prevent terrorism and bloodshed in Kashmir valley.

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Netizens warn of fake messages on property sales in J&K

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Netizens warn of fake messages on property sales in J&K

With Union Home Minister Amit Shah on Monday proposing to revoke Article 370 of the Constitution granting special status to Jammu and Kashmir, fake messages concerning land and property sales in Kashmir have been making the rounds on social networking platforms. Netizens have warned each other from falling prey to such messages.

In a big triumph for the government, both the Houses of the Parliament have passed the Jammu and Kashmir Reorganisation Bill, 2019, and adopted the resolution to scrap Article 370 and Article 35A, paving way for bifurcation of the state into two Union Territories (UTs) — Jammu and Kashmir with an Assembly and Ladakh sans one.

The scrapping of Article 35A, which debarred non-residents from buying properties in J&K, is likely it open the doors for non-Kashmiris to invest in immovable property within the proposed Union Territory.

As a result of the provisions in Article 370, Indian citizens from other states were barred from purchasing land or property in Jammu and Kashmir.

Messages offering people to “book land in Kashmir — at Laal Chowk Road at a starting price of Rs 11.25 lakh with GST” also claimed that the “offer is valid for only a limited period.”

Such messages are also coming with a contact number — 9019292918 — which when you dial, rings twice before an automated assistant puts you on hold before disconnecting your call.

Many alert netizens took to Twitter to point out that such messages were merely scams.

“Article 370: Don’t Believe Messages On Buying Land In Kashmir, As They May Be A Scam,” a tweet read.

“All those shouting on Twitter about buying land in Jammu and Kashmir, let’s see how many of them turn up,” another tweet said.

Another fake message being circulated on WhatsApp asks users to visit a website — www.property.sale — which also turned out to be a fake address.

“I strongly condemn to these words like buying land, in laws home in kashmir etc. Certainly these type of words not unite us with Kashmiri brothers and sisters but it will play role of repellent in their mind. #Article370 #JammuAndKashmir,” wrote another user.

Netizens are criticising all forms of mockery floating on social media.

“This is ridiculous. How can people be so insensitive about such a tensed issue. At a time when people staying there are fearing for their safety, how can people sit and forward fake messages on property sale and purchases. Newer levels of inhumanity and insensitivity,” a user tweeted.

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Video: Amit Shah Moves Proposal To Remove All Provisions of Article 370

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Video: Amit Shah Moves Proposal To Remove All Provisions of Article 370

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Standing ovation, clapping for Shah in Rajya Sabha

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Standing ovation, clapping for Shah in Rajya Sabha

As members of the treasury benches clapped and gave a standing ovation to Home Minister Amit Shah when he entered the Rajya Sabha, it became amply clear that the Modi government had decided to axe Article 370 of the Constitution that gives Jammu and Kashmir special status.

When Rajya Sabha Chairman M. Venkaiah Naidu told the members that he had given special permission to the Home Minister to move a resolution and bills related to Jammu and Kashmir, it was a clear indication what lay behind the major military build up in the state.

Minutes later, Shah proposed scrapping provisions that allowed Jammu and Kashmir a special status among all Indian states.

This triggered a massive uproar from the Congress and other parties over the manner in which the resolutions had been brought.

Two PDP members, Nazir Ahmad Laway and Mir Mohammad Fayaz, were very agitated. They were immediately removed from the House by marshals on orders from the Chairman.

Opposing the bills introduced by Amit Shah, Fayaz tore his own kurta while Nazir Ahmad tore up the Indian constitution.

The din continued even as the Chair repeatedly appealed members to allow the House to function. Members of many parties including Congress, TMC, PDP, CPI and regional parties staged a sit-in protest in the well of the House.

Even as the uproar continued, Leader of Opposition Ghulam Nabi Azad condemned the tearing up of the Constitution, saying “We stand by the Indian Constitution. We will sacrifice our lives for protecting the Constitution.”

After proposing to bifurcate Jammu and Kashmir by removing the controversial Article 370, Amit Shah quoted Article 370 (3) of the Constitution to assert that the President of India can make the Article 370 inoperative under this provision.

“This morning, a Presidential notification, a Constitutional order, has come under which the Honourable President has said that constituent assembly of Jammu and Kashmir means Jammu and Kashmir assembly. Because there is no constituent assembly today, the rights of it is vested in the assembly of J&K assembly. As there is President Rule in the state at this time, the rights of J&K assembly is vested in the two Houses of Parliament,” the Minister said in the Rajya Sabha.

“We can pass the Presidential order unanimously. This has not happened for the first time. In 1952 and 1962, the Congress had amended the Article 370 using the same provision. We have followed the same route,” Shah said.

As per the proposed legislation, the government has decided to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh which will not have any Assembly.

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