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Modi said it, and he did it. I guess, Modi hai to Mumkin hai.
The first steps have been taken to remove the injustice of the last 70 years.
he has used 370 to kill 370!
an amendment to the Article had been issued through a presidential order.The order, called the Constitution (Application to Jammu & Kashmir) Order 2019, supersedes the Constitution (Application to Jammu and Kashmir) Order 1954
which defined the constitutional position of the state of Jammu & Kashmir vis-à-vis the Indian Union.
As you may know, Article 370 of the Constitution provides unique status to the state of Jammu & Kashmir, laying down different laws of citizenship as well as property rights for residents. It also allowed the state to have its own constitution
the 1954 order added Article 35A, which allowed special privileges to the state’s ‘permanent residents’, as defined by the J&K legislature
The article is incredibly sexist, whereby: male permanent resident of J&K can marry a non state subject and not lose any rights.
a woman from J&K who marries a non state subject is punished — she loses many of her state subject rights. Her husband and children are disbarred from acquiring the state subject status.
We allowed this sexism for nearly 70 years. It was a a black mark on our democracy
On top of that, terrorism was spreading, on top of that, RTE was not allowed, massive corruption in the state. Anti-corruption agencies are not allowed inside Kashmir due to Article 370. Triple Talaq Bill, which would not apply to Kashmir.
Not only that, this act was against the rights of SC/ST and Dalits, This was directly related to 35A, as state governments revoked the residency rights of the Valmik community — manual scavengers.
So, In the Indian Constitution, Article 370 falls under “temporary provisions with respect to the state of Jammu and Kashmir”
clause (1) of the article also allows for Presidential Orders from time to time
Govt used 370 to kill 370
In exercise of the powers conferred by clause (1) of article 370 of the Constitution ,President Ram Nath Kovind in “concurrence” with the “Jammu and Kashmir government” promulgated Constitution (Application to Jammu and Kashmir) Order, 2019 on Monday which states that provisions of the Indian Constitution are applicable in the state.
Meaning the special status of Jammu and Kashmir is gone
How did J&Kgovernment agree?
This presidential order leads to the interpretation of Article 370(3) in a way that “constituent assembly”, which lapsed in 1950 is replaced with “legislative assembly”.
The groundwork had started much before
After the BJP PDP fallout happened presidents rule was imposed on the state
The ground set, in February 2019, the BJP moved the Jammu and Kashmir Reservation Bill. While the bill was for 10% reservation or lower castes in Jammu and Kashmir but there was a small section
but there was a small section there which said the Governor could act as the local Assembly if the state did not have a functioning Assembly
So this order has the agreement from the State and the Central government and is now legal.
this was a very shrewd move
what happens to j&K now
Home Minister Amit Shah has tabled in Parliament, which was passed in the Rajya Sabha and Lok Sabha as well: the Jammu & Kashmir Reorganisation Bill 2019, which seeks to make J&K a union territory
The bill paves the way for the exiting state of J&K to be bifurcated into the two union territories (UTs).
Watch the video of it being passed and your heart will be happy:
This will have many benefits:
A fresh delimitation will make powers more evenly balanced between Kashmir and Jammu
Ladakh has long sought separation from Jammu & Kashmir and the proposed Union Territory status for this region will fulfil its political aspiration
As a Union Territory, the Centre will have oversight on policy and control over key areas of governance like policing
All parts of the constitution will now apply to J&K< no more special status for J&K.
With no ‘state’ to separate from the Union of India, they will be hard put to push their case for separation.
Aksai Chin, under Chinese occupation, is now Union Territory under direct control of New Delhi. Similarly, the occupied territory ceded by Pakistan to China and territory under Pakistani control will now be considered Union Territory and not disputed geography.
Will there be international pressure? There is quiet from US. US said that this is an internal issue, not even a bilateral issue. Even the UAE said that this will bring peace to India
This has happened because what India has done is entire constitutional They have not done anything illegal
China, similarly, may protest, but that would open it up to comparisons with its actions in Tibet and Xinjiang that are far, far worse than India’s worst excesses.
Pakistan can shout, but most likely it will increase terrorism and radicalization.
making J&K a UT is a smart move
What has happened now is Separatists are not happy: Omar Abdullah said that Jammu and Kashmir’s accession was done on the basis of terms and conditions contained in the Articles 35A and 370. Former CM Mehbooba Mufti also tweeted the same,
he princely state was included in the Dominion of India through the Instrument of Accession was executed by Maharaja Hari Singh on 26 October 1947 So, when the state had merged into India, articles 35A and 370 also didn’t exist
Article 370 was part of the original constitution that India had adopted on 26th January in 1950. The article 35A, on the other hand, was inserted into the constitution even later, in the year 1954
So everything that has been done here is legal. Remeber, even Jawaharlal Nehru had predicted Article 370 would erode and disappear one day – “Ye ghiste, ghiste, ghis jayega”
This is a bold step and a right step. Also this is not going to be easy. Kashmir will not become peaceful overnight. There will be problems down the road. Terrorism will go up, Pak army will increase sponsorship
There will most likely be tough times ahead. But This promise was a huge part of BJP’s 2019 manifesto. And the people gave the BJP a historic mandate. So the BJP knows it has people’s support. And we must commend the BJP for taking a bold step.
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how do you feel today? Let me know your emoji to explain your emotions after article 370 was removed.
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