Tag Archives: Article 35A

Rising Bharat National News Feed: September 8th 2020

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  • National Education Policy 2020
  1. Govt committed to work towards achieving 100 % literacy by complying with reforms within NEP 2020: Ramesh Pokhriyal

Key points:

  1. He said, the new education policy is based on the country’s ethos and value system. The Minister mentioned about each one, teach one and reach one and said India has over one thousand universities, 45 thousand degree colleges, 16 lakh schools and one crore teachers. He said, India has vision and power and 100 per literacy can be achieved through collective efforts.
  2. The Minister hoped that the new literacy scheme ‘Padhna Likhna Abhiyan’ is going to be a leap forward to achieve the goal of Total Literacy by 2030.  The principal target of the programme is to impart functional literacy and numeracy to 57 lakh non-literate and non-numerate adults in both rural and urban areas across the country in the age group of 15 years and above.

(News On Air, 8 September 2020) News Link

  • Gujarat forms Task Force to study & implement NEP-2020 for school education

Key points:

  1. In Gujarat, the State Government has formed the Task Force to study and implement the National Education Policy-2020 for school education.
  2. According to the State Education Department, the State-level Task Force comprises 15 members from politicians, administrative officials and academicians. This Task Force is expected to study NEP-2020, make changes suggested in the school education format and come up with the best implementation measures.
  3. AIR correspondent reports that the Higher Education Department is expected to declare its Task Force in a few days.

(News on Air, 8 September 2020) News Link

  • J&K: Lt Guv gives suggestions for effective implementation of NEP in transforming higher education across Country

Key points:

  1. AIR correspondent reports that the LG was speaking at the Governors’ Conference on the Role of NEP-2020 in Transforming Higher Education.
  2. Emphasizing on the importance of integrated development of children, the LG suggested that extra-curricular activities such as NSS, NCC, Sports and Music need to be made part of the curriculum and students should get credit for these activities.
  3. He observed that NEP could be effectively implemented if institutions are given freedom to redefine teaching positions as per need.
  4. He stressed the need to lay special emphasis on Students’ feedback on teaching and observed that our priorities guide all policies and our policy decisions guide our destiny.

(News on Air, 8 September 2020) News Link

  • Measures taken by Punjab
  1. Punjab: Pvt hospitals, clinics, labs to conduct Rapid Antigen Testing for COVID-19 after empanelment

Key points:

  1. With a view to strengthen screening of the population for timely detection of corona virus positive patients to contain the spread of pandemic, Punjab Government has decided to allow private hospitals, clinics and labs to conduct Rapid Antigen Testing (RAT) for COVID-19 after empanelment with district health authorities.
  2. Giving details in a release, Health Minister Balbir Singh Sidhu said that guidelines have been issued to all the Deputy Commissioners and Civil Surgeons of state regarding allowing RAT for COVID-19 by private health establishments.
  3. He said that RAT kits would be provided free of cost by the department. The Civil Surgeons will empanel those private hospitals, clinics and labs who are willing to get empanelled voluntarily for offering testing by RAT kits provided free of cost by the department, he added.

(UNI, 8 September 2020) News Link

  • Measures taken by Center
  1. eSanjeevani telemedicine service records 3 lakh tele-consultations

Key points:

  1. The ‘eSanjeevani’ telemedicine service, the platform of the Health Ministry providing tele-consultations, has completed 3 lakh tele-consultations.
  2. While ensuring physical distancing, the telemedicine service connects doctors with patients and provides essential healthcare at a critical time when conventional medicine is perceived to be risky owing to the nature of infectious Covid-19 disease.
  3. Health Minister Harsh Vardhan had presided over a meet to mark the platform’s completion of 1.5 lakh on August 9.
  4. The platform has registered double that number of consultations within a month since then. One lakh of these tele-consultations were held in the past 20 days.
  5. The platform had completed the first 1,00,000 consultations on July 23 and the subsequent 1,00,000 on August 18 within a span of 26 days, an official release here said.

(UNI, 8 September 2020) News Link

  • Measures taken by Delhi
  1. Kejriwal spreads awareness about Covid-19 through communication mediums

Key points:

  1. With an objective to contain the spread of Corona in Delhi, Chief Minister Arvind Kejriwal is directly appealing to the people of the national capital to wear masks and follow social distancing, through calls and other modes of communication.
  2. “CM’s calls will be received by one crore people of Delhi. He will also be reaching out to the people on how to avoid Corona and take precautions through mediums such as radio, TV, outdoor hoardings, digital communication mediums,” an official statement said on Tuesday.

(UNI, 8 September 2020) News Link

  • Measures taken by Assam
  1. Assam develops self-check kiosk to determine COVID, tally crosses 42 lakh

Key points:

  1. With an addition of 75809 new cases across the country, the total number of positive cases of Novel Coronavirus reached 42,80,422 on Tuesday, even as the North-Eastern state of Assam developed a first-of-its-kind self-check kiosk, to determine any viral or bacterial infection in an individual in less than a minute.
  2. The small structure helps by streamlining the flow of people through the kiosk and the Kiosk only takes about 30 seconds to check whether the person safe to enter the premises or not.
  3. A first-of-its-kind self-check kiosk, which is quick but very accurate to determine if an individual is running a fever, low blood oxygen levels and, therefore, potentially has COVID-19 or any another viral or bacterial infection has been developed by Indian Institute of Technology, (IIT), Guwahati, in collaboration with Workspace Metal Solutions Pvt Ltd, Udaipur.

(UNI, 8 September 2020) News Link

  • Measures taken by Andhra Pradesh
  1. Andhra Pradesh govt launches Plasma donation campaign

Key points:

  1. More than 37000 people are eligible for the donation of plasma in the state of Andhra Pradesh.
  2. The campaign is launched with the luring of Rs 5000 to each Plasma donor in order to promote the program and give nutrition to the donors as instructed to the officials by the CM Jagan Mohan Reddy. The state is currently conducting 65000 to 70000 COVID – 19 tests daily.

(ANI, 8 September 2020) News Link

  • Measures taken by Tamil Nadu
  1. TN plans 2,000 mini clinics

Key points:

  1. The proposed mini clinics will come up in areas where there are no Primary Health Centres and due to people not able to get treatment for fever and other issues owing to the ‘apprehension’ of COVID-19 spread, he said.
  2. “A mini clinic will have a doctor, nurse and an assistant, besides the required medical equipment and medicines. Medicines will be provided here for easily treatable diseases like fever,” he said.
  3. On the virus caseloads, he said the spread was gradually slowing down due to aggressive government intervention, with the state testing around 85,000 samples a day.

(PTI, 8 September 2020) News Link

  • Tamil Nadu: Covid Care Centres under Siddha Medical dept in Karur, Perambalur, Ariyalur districts effective amid pandemic; 87.6% patients discharged

Key points:

  1. The Covid Care Centres functioning under the Siddha Medical department in Karur, Perambalur and Ariyalur districts near Trichy have been able to function effectively in the backdrop of Covid-19 pandemic.
  2. Dr Kamaraj, in charge of all the three centres revealed that  87.6% of patients who had been admitted with Covid 19 symptoms had been discharged last month. He pointed out that as against 1315 patients being admitted in these centres, 1152 patients have been discharged after successful treatment.
  3. Dr Kamaraj reiterated that the Kabasura and Nilvempu herbal concoctions being prepared by the Siddha department go a long way in strengthening the immunity system of people in general.

(News on Air, 8 September 2020) News Link

  • Measures taken by Uttar Pradesh
  1. Uttar Pradesh: Sanitization on call service begins in Lucknow

Key points:

  1. In Uttar Pradesh, sanitization on call service has been started by Lucknow administration. DM Abhishek Prakash said that any place, work station or apartment, where covid positive patients have been found, can use this service.
  2. A team of workers will reach there within a span of 12 to 24 hours and sanitize the place free of cost.
  3. DM Abhishek Prakash started the awareness campaign regarding the service by putting posters on the wall of the collectorate.

(News on Air, 8 September 2020) News Link

  • Kashmir after removing 370
  1. Administration committed to resolve grievances of people through effective public redressal system: J&K Lt Guv

Key points:

  1. Later the LG also took a walk through the heritage Raghunath Market, Residency Road and Kamal Mandi area where he interacted with locals, shopkeepers, officer bearers of Traders Associations and enquired about the difficulties being faced by the people and business community due to COVID-19 pandemic.
  2. Terming people’s feedback as imperative for accountable and responsive administration, the LG urged the people to come forward with their issues and grievances and play an active role in the developmental process by providing regular feedback on the working of the Administration.
  3. The locals and business community appreciated the people-friendly approach of the LG and lauded his initiatives for reaching out to the people of every nook and corner of the UT and taking first hand appraisal of their issues and grievances.
  4. The LG observed that the Administration is committed to resolve the grievances of the people through an effective public redressal system and assured them that all their genuine issues and demands will be addressed on merit.

(News on Air, 8 September 2020) News Link

Rising Bharat National News Feed: September 6th 2020

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  • Kashmir after 370
  1. Exclusion of Punjabi from Official Languages Bill sheer injustice: APSCC

Key points:

  1. All Party Sikh Coordination Committee (APSCC) on Saturday threatened to launch an agitation if government of India does not review its “discriminatory move” and include Punjabi in the J&K Official Languages Bill.
  2. The exclusion of Punjabi language is sheer injustice with us. Punjabi language was the recognized language in erstwhile constitution of J&K.
  3. The fact is that Punjabi is being taught in Schools, Colleges and Universities across J&K.
  4. J&K Academy of Art, Culture and Languages has a full-fledged Punjabi section with the Academy publishing the magazine in this language as well.

(Greater Kashmir, 6 September 2020) News Link

  • Govt announces 3rd phase of ‘Back to Village’ programme from October 2 to 12 in J&K

Key points:

  1. The announcement was made by Principal Secretary, Power Development and Information Departments, Rohit Kansal who is also government spokesperson, at a press conference in Srinagar yesterday.
  2. Terming the first two phases of Back to Village (B2V) as huge success, Mr Kansal said it is a unique programme which received tremendous respect from the people when 4000 Gazetted Officers from J&K administration visited each and every Panchayat of J&K.
  3. The Phase-I of B2V was an introductory and interactive programme to understand the people’s grievances and demands. While Phase-II focused on the devolution of powers to panchayats and tried to understand how these panchayats are functioning and what are the grievances and demands,” he said and added “the Phase-III has been designed on the format for grievance redressal.”
  4. He said that next month will be a festival of public grievance redressal, festival of public service delivery and festival of delivery of development at gram Panchayat level.

(News on Air, 6 September 2020) News Link

  • National education Policy 2020
  1. National Education Policy 2020 will empower youth’, says Prakash Javadekar

Key points:

  1. Union minister Prakash Javadekar on Saturday termed the National Education Policy (NEP) 2020 as a revolutionary reform of the 21st Century. He also expressed confidence that India’s Gross Enrolment Ratio (GER) would double in the next 10 years from the current level of about 25 per cent
  2. The NEP 2020 will empower the youth, who will take the nation forward in the 21st century. The policy is such that it will make the teaching learning experience enjoyable for students and teachers,” the Information and Broadcasting Minister said while delivering the key-note address at the centenary year of Teachers’ Day celebrations of Parle Tilak Vidyalay Association.

(New Indian Express, 6 September 2020) News Link

  • Measures taken by Tamil Nadu
  1. Tamil Nadu announces package rates for state govt staff to avail COVID-19 treatment in private hospitals

Key points:

  1. Tamil Nadu Health Department has announced the package rates for the state government staff and pensioners to avail Covid-19 treatment in private hospitals. Its order says the beneficiaries can get themselves admitted in empanelled hospitals for the purpose.
  2. If they are allowed in un-empanelled private hospitals, the insurance agency that administers the health insurance programme will make the permissible amount only to the hospital, as mentioned in the order.
  3. In another order, hotels and restaurants are permitted to run air conditioners subject to the safety protocols.

(News on Air, 6 September 2020) News Link

  • Measures taken by Maharashtra
  1. Maha CM directs officials to prioritise contact tracing to curb Covid-19 cases

Key points:

  1. Maharashtra CM Uddhav Thackeray in a review meeting with Mumbai civic body top officials directed to prioritise contact tracing and use other methods to prevent a further rise in Covid-19 cases in metropolis.
  2. Meanwhile, to prevent deaths due to corona across Maharashtra, the state health department is mulling over the expansion of its TeleICU project.
  3. Maharashtra CM Thackeray directed the city administration to increase testing and asked officials to refrain from attributing the rise in cases to the same. Thackeray also ordered buildings with more than 10 cases to be sealed.
  4. The CM urged the civic body to take measures to help boost public confidence in the BMC’s Covid care centres. He reiterated that patients above 50 years who have no comorbidities should be quarantined at home.

(News on Air, 6 September 2020) News Link

  • Measures taken by Centre
  1. J&K: DC Ganderbal reviews progress of Rapid Antigen test campaign in district

Key points:

  1. In Jammu and Kashmir, Deputy Commissioner Ganderbal, Shafqat Iqbal today chaired a meeting of the Health Department to review the progress of Rapid Antigen test (RAT) campaign which was recently initiated by the District Administration in red zones.
  2. RAT campaign was started in view of a surge in positive cases in the last few days in the district.

(News on Air, 6 September 2020) News Link

  • Health Ministry rushes Central teams to Punjab and Chandigarh to be stationed for 10 days

Key points:

  1. In Ministry of Health and Family Welfare has decided to deploy Central teams to Punjab and UT of Chandigarh.
  2. The high level teams will assist the State/UT in strengthening public health measures for containment, surveillance, testing and efficient clinical management of COVID patients with the aim to reduce mortality and save lives. They shall also guide the State/UT in effectively addressing the challenges related to timely diagnosis and follow up.
  3. The two-member teams will comprise of a Community Medicine expert from PGIMER, Chandigarh and an epidemiologist from NCDC. These teams shall be stationed in the State/UT for ten days to provide extended guidance in managing COVID.
  4. The States/UTs have been advised to proactively undertake comprehensive measures to break the chain of transmission of the infectious disease and lower mortality, such that it eventually dips below 1%.

(PIB, 6 September 2020) News Link

  • Health Ministry reviews containment & management of COVID-19 in 35 districts of six states, UTs

Key points:

  1. These 35 districts comprise Kolkata, Howrah, North 24 Parganas and 24 South Parganas in West Bengal, Pune, Nagpur, Thane, Mumbai, Mumbai Suburban, Kolhapur, Sangli, Nashik, Ahmednagar, Raigad, Jalgaon, Solapur, Satara, Palghar, Aurangabad, Dhule and Nanded in Maharashtra, Surat in Gujarat, Puducherry, East Singhbhum in Jharkhand and all 11 districts in Delhi.
  2. Mr Bhushan and State Health Secretaries also discussed the detailed roadmaps and action plans for the next one month.
  3. The States and UTs were advised to take steps on limiting the spread of the infection by implementing stringent containment measures and following social distancing measures. They have been also advised for effective monitoring of home isolation cases and early hospitalization in case of disease progression.

(News on Air, 6 September 2020) News Link

Rising Bharat National News Feed: September 2nd 2020

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  1. Cabinet approves introduction of J&K Official Languages Bill 2020 in Parliament

Key points:

  1. The Cabinet chaired by the Prime Minister has approved the introduction in Parliament of the Jammu and Kashmir Official Languages Bill 2020 in which five languages will be official languages.
  2. These are Urdu, Kashmiri, Dogri, Hindi and English. Briefing the media, Union Minister Dr Jitendra Singh said inclusion of Dogri, Hindi and Kashmiri as official languages in Jammu and Kashmir is not only a fulfillment of a long-pending public demand but is also in keeping with the spirit of equality.

(News on Air, 2 September 2020) News Link

  • Measures taken by Uttar Pradesh
  1. UP CM Yogi Adityanath stresses on ramping up COVID-19 testings in Kanpur Nagar, Varanasi, Prayagraj and Gorakhpur

Key points:

  1. In a review meeting Chief Minister asserted that the testing is an important component in COVID-19 control and directed officials to do 1.50 lakh tests per day without fail.
  2. He said, the ventilators/High Flow Nasal Cannula (HFNC) should be kept functional in all the districts and a report in this regard should be submitted to the government by this evening.
  3. Directing to ensure availability of dialysis machines in the COVID hospitals, he said that dedicated dialysis machines should be made available for Hepatitis B patients in every district.
  4. The Chief Minister directed to maintain at least 48-hour oxygen backup in the COVID and the Non-COVID hospitals. Similar arrangements should be done in Health and Medical education departments hospitals as well. He further directed to keep in touch with the home-isolated patients from district level as well as through CM Helpline. (News on Air, 2 September 2020) News Link
  • Measures taken by Odisha
  1. Odisha govt decides to close all state govt offices on Saturdays

Key points:

  1. Amid the rising Covid-19 caseload, the Odisha government has decided to close all state government offices on Saturdays.
  2. It has also decided to run its offices in capital Bhubaneswar and the twin City Cuttack with 50 % of the staff during the current month.
  3. Following centre’s revised guidelines to open up more activities, Odisha Government has allowed open air theatres and similar places, shops and commercial establishments to be back on the track with safety protocols in tow. Educational and coaching institutions and Anganwadi centres however will continue to be closed for teaching purposes till the Puja vacation in October 2020.
  4. While religious places shall continue to shut their doors down against the devotees, lockdown shall be in place till 30th September in the containment zones as identified by the local authorities depending on the depth and expance of the viral presence.  (News on Air, 2 September 2020) News Link

Abrogation of Article 370 – Kashmir’s Past, Present and Future – Talk by Sushil Pandit

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Summary of Sri Sushil Pandit ji’s talk on ” Abrogation of Article 370 – Kashmir’s Past, Present and Future ” in an interactive session organised by Aham Talks at Bhagyanagar (Hyderabad).

Ancient Kashmir is the land of many sages and rishis, known for it’s great texts. The invasion of the land by Muslim rulers was extremely unfortunate and disappointing. In 1339, Shah Mir became the first Muslim ruler of Kashmir, initiating the Shah Mir dynasty. Right from the start, persecution of Hindus began. Hindus living in the region were not allowed to wear jewellery, proper clothes and were treated as second class citizens. By the 14th century, Islam became the dominant religion in Kashmir. Both External and Internal factors were responsible for the plight of Hindus. The Hindus were liberal and tolerant and paved the way for Muslim rule in the past. After Independence, the Kashmiri Hindus became B grade citizens under Article 370 due to PM Nehru and Congress politicians.

Explanation of Article 370 abrogation

Article 370 isn’t completely “scrapped”, it still stays in Constitution of India only to affirm “Jammu and Kashmir is the integral part of India”, which is 370 (A) and rest of the parts are abrogated.

The Constitution (Application to Jammu and Kashmir) Order, 2019, issued by President Sri Ramnath Kovind “in exercise of the powers conferred by Clause (1) of Article 370 of the Constitution”, has not abrogated Article 370. While this provision remains in the statute book, it has been used to withdraw the special status of Jammu and Kashmir.

The Presidential Order has extended all provisions of the Indian Constitution to Jammu and Kashmir. It has also ordered that references to the Sadr-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of the state, and “references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers”. Presidential Order has extended all provisions of the Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights. Therefore, the discriminatory provisions under Article 35A are now unconstitutional.

This is the first time that Article 370 has been used to amend Article 367 (which deals with Interpretation) with respect to Jammu and Kashmir, and this amendment has been then used to amend Article 370 itself. Article 35A stems from Article 370, and was introduced through a Presidential Order in 1954. Article 35A does not appear in the main body of the Constitution – Article 35 is followed by Article 36 – but it appears in Appendix I.

 Demography

Demography in Jammu and Kashmir has a dangerous impact, ‘It is the elephant in the room’. In 1947, the Pandits were about 6% of the Kashmir Valley’s population. By 1950, their population declined to 5% as many Pandits moved to other parts of India due to the uncompensated land redistribution policy, the unsettled nature of Kashmir’s accession to India and the threat of economic and social decline.

Following the 1989 islamic insurgency, a great majority of Pandits felt threatened and left the Kashmir Valley to other parts of India. A large number settled in the Jammu Division of the State and the National Capital Region of India. Some emigrated to other countries entirely. By 2011, only an estimated 2,700-3,400 Pandits remained in the Kashmir Valley.

According to Indian government, more than 60,000 families are registered as Kashmiri migrants including some Sikh and Muslim families. Most families are resettled in Jammu, NCR and other neighbouring states.

Till now no govt, including the current govt, has raised the issue of demographics of Muslims and minorities in certain areas. There are no intellectual discourses on demographics. Kashmir issue and Article 370 was the resultant of ‘Demographic Imbalance’.

It took 70 odd years just diagnosing the disease; and now that the Govt. diagnosed and abrogated Article 370, it will now cure the Kashmir issue with development.

This is just a beginning. Lot of work to be done ahead before finally marking it a success!

Q&A

When will our `Exiled in our own Country’ status change? When time comes; nobody helped Kashmiri pandits during the exodus, and now no one would be necessary to invite the Kashmiri Hindus back to their Homeland. Hope it happens surely and sooner!

Development and restoration of temples in Kashmir would be ‘part of the plan’ and hopefully revival of Hinduism again in Kashmir.

Karan Singh and his sons are enjoying luxurious lives and selling all the temple lands in Kashmir valley. They say they can’t maintain the salaries of pandits and archakas in temples and temple amenities.

Nagaland and other North-eastern states have been accorded special provisions under Article 371(A-J), with the aim to preserve their tribal and indigenous culture. Article 371(A) states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. In Himachal Pradesh, it is to regulate ownership and transfer of land in order to conserve the limited resources available for development and to ensure that the State preserves its identity.

 

End of Event Write up ; Summarised By Sri Sandeep Varanasi 

Addendum: 

Exodus and subsequent tragic events:

Prime ministers during 1989 to 1991 period –

  • Rajiv Gandhi —- 31 December 1984 till 2 December 1989
  • Vishwanath Pratap Singh —- 2 December 1989 till 10 November 1990
  • Chandra Shekhar —- 10 November 1990 till 21 June 1991

Union Home Ministers –

  • Buta Singh —- 12 May 1986 till 02 December 1989
  • Mufti Mohammad Sayeed —- 02 December 1989 till 10 November 1990
  • Chandra Shekhar —– 10 November 1990 till 21 June 1991
  • Shankarrao Chavan —- 21 June 1991 till 16 May 1996

Chief Ministers of Jammu & Kashmir –

  • Farooq Abdullah —- 7 November 1986 – 19 January 1990
  • (Governor’s rule) —- 19 January 1990 – 18 July 1990
  • (President’s rule) —- 19 July 1990 – 9 October 1996

 

Timelines:

14th September 1989-JKLF group targeted political activists, Pandit Tika Lal Taploo is shot dead by armed men outside his residence.

On 4th January 1990, a local Urdu newspaper, Aftab, published a press release issued by Hizb-ul-Mujahideen, asking all Pandits to leave the Valley immediately. Another local paper, Al Safa, repeated this expulsion order.

19thJanuary1990 –The worst nightmares of Kashmiri Pandits living in the valley became a tragic reality on that fateful day. Screaming from loud speakers and crowded streets was a message for the Sikhs and Hindus living in Kashmir. Massive crowds assembled in mosques across the valley, shouting anti-india, anti-pandit slogans. The exodus of Kashmiri Pandits began. In the next few months, hundreds of innocent Pandits are tortured, killed and raped. By the year-end, about 350,000 Pandits have escaped from the Valley and taken refuge in Jammy and elsewhere. Only a handful of them stayed back.

The State Government had been so extensively subverted that the skeletal staff of the administration at Srinagar (the winter capital of the State had shifted to Jammu in November 1989) decided not to confront the huge mobs.

March 1997 –Terrorists dragged out seven Kashmiri Pandits from their houses in Sangrampora village and gunned them down.

January 1998 –23 Kashmiri Pandits, including women and children, shot dead in cold blood in Wandhama Village.

March 2003- 24 Kashmiri Pandits, including infants, brutally shot dead in Nadimarg Village.

Article 370 of Constitution of India—A Temporary Provision

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Indian Constitution and the J&K State have often remained
the subject for discussions and debates. So much, so that, it is a common man’s belief that the Indian State of J&K has a separate Constitution. But it can not be overlooked that the “Separate” Constitution under reference has been given by the Constitution of India. So, when the Indian Constitution is the mother of the J&K Constitution, how could J&K have a separate Constitution?

Controversies related to Article 370

Some people name Article 370 as the root cause of controversies over J&K being equal to all other states of India like Bihar, Panjab, etc ; Many believe that now Article 370 does not have much importance since it is through this article many provisions of Indian Constitution, many laws/ Acts of Indian Parliament been extended to J&K. Many have become part of J&K Constitution or some restrictive provisions of J&K Constitution are now very much in conformity with Constitution of India, so debates on Article 370 should now come to end. Rather the people who made such provisions and made some controversial commitments in 1947 to 1950s should have been questioned or their “heirs” need be asked to accept the responsibility.

It will not be fair to simply question and reject those people for whom such provisions have been laid and if these beneficiaries still want to hold fast to the 1Article 370; they can not be forced to shed their “special” rights, rather they shall have to be socio-politically convinced for coming out of the mindset of “special” provisions . They will have to be convincingly told about the negative aspects, if any, of such provisions in case it has to remove democratically.

Unfortunately today, it is a bitter reality that Article 370 has proved a breeding ground for those who are against J&K as an integral part of India, or who raise questions on Constitutional Status of J&K. It poses also a threat to peace in J&K with the passage of time. The number of those questioning Indian intentions has grown. Rather it appears that Delhi has not taken the issues that seriously over the last 65 Yrs, not even after 1990.

Even some political leaders that do hold fast to 1947 Accession of J&K with India no doubt but still believes that J&K should retain her “own Constitution” and “own Flag” accuse India of unduly extending some provisions of the Indian Constitution to J&K and demand that laws that have been extended to J&K before 1957 or thereafter must be reversed. Many amongst them have remained part of governments in J&K and they and their parties have consented constitutionally according to provisions of Art 370 in and outside J&K legislature for extension or adoption of the Articles or Acts or Provisions that are now being dragged into controversies. It can not be overlooked that the way some of these people have been accusing India of eroding the autonomy of J&K as well as breaching upon the trust that the “Kashmiri” had rested on India has gone to the advantage of those who question the truth of the October 1947 Accession of J&K with India. So, Due to this separatists are so encouraged that when invited by Delhi, they plainly challenge the 1947 accession and they reject the offer. Had it not been so separatists would not have been so particularly drawing the first attentions of Delhi, so plainly challenging the 1947 accession and rejecting the offers for talks from the Governments; expressing so boldly and freely anti-India views in Seminars, rallies and press conferences even outside Kashmir Valley.
 Article 370- “Temporary “not “ Special”
 The *Article 370 of the Indian Constitution is not a special status provision as regards J&K, but it is a temporary provision with respect to the State of Jammu and Kashmir. This Article is temporary and has to go. The word temporary very lucidly conveys that those who drafted and accepted the Constitution of India made this provision hoping that the state of uncertainty and negotiations would end soon. Such message also flows from Article 370 (3) where it is said that ::Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification :

Since no constituent assembly has to stay permanently and hence using the term Constituent Assembly here indicates that Article 370 had to stay in its first form for a shorter period. Some people do argue that Article 370 can not be abrogated since now there is no Constituent Assembly. For argument sake, even this logic can be brushed aside since the J&K Constituent Assembly was also named as the Legislative Assembly under the Constitution of J&K 1996 amended in 2008 Samvat (discussed in detail in earlier chapters). So, the Legislative Assembly can perform the function in case of need arises. Article 368 of Indian Constitution talks of the procedures for amending the Constitution, maybe it could be of some help.

In the earlier times, the people of other Indian states too did not that seriously care for J&K affairs, now with the passage of time, it may not be that easy to clear doubts in the minds of common man, particularly in Kashmir valley, simply by addressing only to the technicalities.

The facts and truth about the intentions of Delhi shall have to be carried to the common man to clear the confusions created that the separatists over the years; even to undo the concepts that have been cultivated by some “ mainstream” Indian leaders who believe that J&K is different than the other Indian States.

In the same way, the Constitution (Application to Jammu and Kashmir) Presidential order of 14th May 1954 too could be seen as a foundation for J&K Constitution. So someone could say that why should any Indian who is the Permanent Resident of J&K forego any special rights that the Indian Constitution extends to him? In case the people who are not for retention of Article 1370 or J&K holding separate Constitution attend to these aspects seriously, They may not be they succeed in motivating those Indians in J&K who are not ready to shed their “special” provision. There have been surely one disadvantage of Article 370 and that is, that some people have been using Article 370 as a symbol of separatism for wooing the innocent people away from the Bharat. Otherwise, also it would be in the overall interest of those who want to check those who have been and are promoting the separatist’s ideologies in the name of separate Flag and Constitution

Text of Articles of Indian Constitution under reference :

Part XXI of Constitution of India: Temporary provisions with respect to the State of Jammu and Kashmir.

Article 370.

(1) Notwithstanding anything in this Constitution,—

(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) 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
          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; and       (ii) such other matters in the said Lists as, with the concurrence of the Government of the State,                the President may by order specify. Explanation.—For the purposes of this Article, the
          Government of the State means the person for the time being recognized by the President as
         the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the
         time being in office under the Maharaja’s Proclamation dated the fifth day of March 1948;

(c) the provisions of Article 1 and of this Article shall apply in relation to that State;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

AMENDMENT OF THE CONSTITUTION (Article 368)

Power of Parliament to amend the Constitution and procedure therefor.
(1) Notwithstanding anything in this Constitution, Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) Article 54, Article 55, Article 73, Article 162 or Article 241, or (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this Article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 5*** by resolutions to that effect passed by those Legislatures ]before the Bill making provision for such amendment is presented to the President for assent.
(3) Nothing in Article 13 shall apply to any amendment made under this Article.
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this Article [whether before or after the commencement of section 55 of the Constitution (Forty second Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this Article.
Source : JKN Now