MODEL YOUTH PARLIAMENT 2018

LOK SABHA
BACKGROUND GUIDE
AGENDA:
SPECIAL STATUS TO KASHMIR
UNDER ARTICLE 370 AND 35A
NO CONFIDENCE MOTION
LETTER FROM THE EXECUTIVE BOARD
Dear Prospective Members,

At the outset on behalf of the Executive Board, we extend a warm welcome to all of you and
congratulate you on being part of MODEL YOUTH PARLIAMENT 2018.

The committee being simulated , would unlike most other simulations you must have heard of or
been a part of; focus on political intellect and analytical application of thoughts and strategic
application of thoughts in resolving impending politically sensitive bilateral issues.

Kindly note, we are not looking for existing solutions, or statements that would be a copy paste
of what the leader you are representing have already stated; instead we seek an out of the box
solution from you, while knowing and understanding your impending political and ideological
limitations.

This Introductory guide would be as abstract as possible, and would just give you a basic
perspective on what you can expect from the committee and areas wherein which your research
should be focused at this given point in time. Given, the extremely political and volatile nature of
this committee, your presence of mind and politico-analytical aptitude is something which we at
the executive board would be looking to test.

That being said kindly do not limit your research to the areas highlighted further but ensure that
you logically deduce and push your research to areas associated with the issues mentioned.

Kindly note, that unlike most conventional/unconventional committees you have attended,
this committee shall have “substantive” intervention by the Executive Board.

The objective of this background guide is to provide you with a ‘background’ of the issue at
hand and therefore it might seem to some as not being comprehensive enough. If you feel that
the Guide does not cover all the issues and it could have been compiled in a better way by giving
more information or links or better arguments ‘for’ and ‘against’, we think that would be the
appropriate time to pat our backs for we successfully managed to compile a ‘Background Guide’
and not a ‘Study Guide’ which most of the Executive Board members fail to differentiate. We
feel that ‘study guides’ are detrimental to the individual growth of the delegate since they
overlook a very important part of this activity, which is- Research. We are sure however that this
background guide gives you a perfect launching pad to start with your research

Wishing you all a very warm good luck and hoping to see you all at this conference discussing
imperative issues of national trust.

Warm Regards!

Moderator

Deputy Moderator

Sidk4212@gmail.com

PROOFS/EVIDENCE IN COMMITTEE
1. Government Reports (Each ministry publishes its own reports including External Affairs
Ministry)
2. Government Websites
3. Government run News channels i.e. RSTV, LSTV, DD News
4. Standing Committee Reports
5. RTI Proofs

NOTE: Under no circumstances will sources like Wikipedia (http://www.wikipedia.org/ ),

Amnesty International (http://www.amnesty.org/ ) or newspapers like Times of India
(http://timesofindia.indiatimes.com/ ), etc. be accepted as PROOF/EVIDENCE. But they can be
used for better understanding of any issue or even be brought up in debate if the information
given in such sources is in line with the beliefs of a Government.
AGENDA: SPECIAL STATUS TO KASHMIR UNDER ARTICLE
370 AND 35A.

‘Insaniyat, Kashmiriyat, Jamhooriyat’

–Atal Bihari Vajpayee

Historical Background
Jammu & Kashmir has the contrast of being the only state in the Indian Union that negotiated in
terms of accession. The then ruler (Maharaja Hari Singh) of Jammu & Kashmir at the time of
independence from the British rule decided not to join either India or Pakistan and thereby
remain independent. But then after 2 months on 6th October 1947, the border areas (some of
which is now called PoK) of Jammu & Kashmir were attacked by the Azad Kashmir Forces
supported by the Pak Army. Subsequently, after the attack, the ruler decided to join India
because of their own lack of Army and Weapons. So in October 1947, accession was made by
the ruler considering certain promises made by Pt. Jawahar Lal Nehru(The then Prime Minister
of India). It was the aftereffect of these promises that Article 370 was included in the constitution
of India. And only matters related to Defense, Foreign relations, Communication and Finance of
Jammu & Kashmir comes under the jurisdiction of Constitution of India.

Thus, the special power and autonomous status give the state of J&K the right to have its
separate constitution and flag, unlike others.

What is a Special Status?

A State is said to have special status if all the provisions of a Union don’t apply to that state.
Different states may have different provisions. Article 370[1] of the constitution of India gives
such special status to the state of Jammu and Kashmir. Article 371 of the Indian Constitution
provides special status to 10 other states which are Assam, Nagaland, Sikkim, Manipur,
Mizoram, Goa, Andhra Pradesh, Arunachal Pradesh, Maharashtra and Gujarat.

What is the special status of Jammu & Kashmir

(ARTICLE 370)?

As the ruler of Jammu & Kashmir entrusted only four matters i.e. Defense, Foreign Relations,
Communication and Finance to the dominion of India and hence there is a limitation put on
Parliament to make laws in the Union List and the Concurrent list for those matters only which
falls under the above four. Any law in relation to other matters other than these four has to be
ratified by the state legislature of Jammu & Kashmir. This concludes that President can extend
other articles to the State of Jammu & Kashmir despite the fact that it has freedom from some
provisions of the constitution of India. Thus, under part XXI of the Indian Constitution which
deals with temporary, transitional and special provisions Jammu & Kashmir has been granted
special status under Article 370.

The Constitution of J & K

The Constitution of J&K is different from that of other states in the following aspects:

Fundamental Rights, DPSP & Fundamental Duties

 Part IV Principles of State Policy (DPSP) and Part IVA i.e. Fundamental Duties are
not applicable to the State of Jammu & Kashmir where on the other hand it is
applicable to other states. DPSP actually means that the states are required to do some
things for the welfare of the community.
 Fundamental Right to Property is still guaranteed in J&K i.e. Articles 19(1)(f) and
31(2) of the Indian Constitution are applicable in this state.
 The only Fundamental Right which has been added in the history of Indian
Constitution which Right to Education is not extended to the State of J&K.
  A special constituent assembly set up by the State has framed a separate constitution
of this state and it is the only Indian State that has its own official flag.
 It is the only state which does not have to provide a detailed record of money flowing
in the state and where and how is it used.
 Land or Property of this state cannot be purchased by the Indians of other states.

Without the consent of state legislature, Parliament cannot make

any law relating to:

 Modification of name or territories of the state.

 The international agreement affecting the final settlement of any part of the territory
of the state.

-In respect of J&K, the residuary power is with the state government and not with the Union of
India.

-The permanent residents of the J&K state have been granted with some special provisions with
respect to employment under state; settlement of the state; attaining of immovable property in
state etc.

-Any amendment in the Constitution of India cannot extend to J&K unless it is extended under
Article 370(1) by the order of the president.

Emergency Provision

 President cannot declare an emergency under Article 352 of the constitution of India
for the state of Jammu & Kashmir without the consultation of the State Governor.
 Financial emergency (allowances reduction & salaries) under Article 360 cannot be
declared by the Union of India in relation to J&K. Only in a situation of War and
External Aggression, the Union can declare an emergency.
  Governor’s rule has to be imposed for breaking down the constitution of the state of
Jammu & Kashmir. Thus on the ground of failure to comply with the directions, the
Union has no power to suspend the constitution of the State.

WHAT IS ARTICLE 35A?

 Jammu and Kashmir's permanent residents enjoy special rights under article 35A.
 Only the permanent residents have the right to own immovable property, settle permanently, or
avail state-sponsored scholarship schemes.
 This article also restricts companies from hiring non-resident persons in the state
 In 1954, the Article 35A was incorporated into the Constitution by the orders of the then
President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet
 Since Article 370 (1) (d) of the Constitution was issued under Presidential Order, the President
can make certain "exceptions and modifications" to the Constitution for the benefit of 'State
subjects' of Jammu and Kashmir
 Hence, Article 370 of the Constitution grants special status to Jammu and Kashmir, while Article
35A ensures special rights to the permanent residents of Kashmir.

PETITIONS FILED AGAINST ARTICLE 35A:

The NGO -- We the Citizens -- filed a writ petition challenging the validity of both Article 35A
and Article 370, on the basis of the following arguments:
1. Four representatives from Kashmir were a part of the Constituent Assembly as well involved
in the process of drafting the Constitution
2. Article 370 was a 'temporary provision' to restore peace and harmony in Jammu and Kashmir
3. Further, the NGO thinks the article is against the "very spirit of oneness of India", creating a
"class within a class of Indian citizens".
4. The second petition threw light on Jammu and Kashmir native Charu Wali Khanna. "Her
children are denied a permanent resident certificate, thereby considering them illegitimate," the
petition said. Her children, who were born in the state, were denied the rights of the permanent
resident as she had married a non-permanent resident.
The Politics around the Special Status to J&K

There are arguments provided by both, those who are in favor of and those who are against the
abolition of Article 370.

Those who are in favor give the following arguments:

 It is claimed by them that it the root cause of all the problems in the state of J&K. Also, it
is believed that it is Article 370 which encourages extremist’s activities in J&K and other
parts of the country.
  It is also argued that it was a temporary arrangement and it was supposed to wear down
gradually and that it is like a reminder to the Muslims of J&K that they still have to
coalesce with the rest of the country.

 Also, the people who are against Article 370 provide reasons that it should be abolished s
in order to promote National Integration and they cite this by a slogan i.e. “One Nation,
One Citizenship”.

 A lot of laws applicable to India don’t apply to state of J & K like the Right to
Information Act etc

 The umbrella of ‘National Security’ could never get into Kashmir to shut down the
extremist elements because of Article 370.

 Article 370 also hampers the economic development as non- residents can own land in
Jammu and Kashmir which is a necessary motivator for investors to come and invest in
J&K. unemployment is also a direct consequence of this.

 Different flag and different Constitution is against national integration.

Whereas on the other hand, those who are against the abolition of this Article argue that it will
have serious consequences:

 Kashmir only signed the ‘Instrument of Accession’ and not the ‘Instrument of Merger’
by which the princely states surrendered all their powers

 It is contended that it will encourage extremist to demand election which will lead to the
internationalization of the issue of J&K.
  It will not only violate the grave undertaking given by India through accession but would
also give unnecessary distrust in the minds of the people of J&K, making the issue more
sensitive.

 Legally barriers are also there as for the abrogation of this Article you require the
concurrence of the Constituent Assembly of J&K which has ceased to exist.

 Article 370 is more an identity issue for the Kashmiri people and its challenge would
only create further troubles.

 Article 370 is already an empty shell and most of the laws applicable in India have
already been extended to J&K by various Presidential Orders.

 Article 370 has favored the economic development in Kashmir and made space for
bringing Land Reforms in Kashmir.

Note: Now, it is for you Parliamentarians to decide whether the special status provided to
J&K is good for the country or not. Besides this, I also expect the delegates to research
about the recent developments in J&K- the breaking of the BJP-PDP alliance, the
Panchayat polls to be held in J&K, the ceasefire violations by Pakistan across the Loc, the
Hurriyat and the shutdowns in the valley and finally the roadmap to have peace in the
Jammu and Kashmir.

Note: Please note that nothing mentioned in this background may be used as an established fact
in committee without the presentation of a credible source and substance mentioned henceforth
may act only as a source for your basic understanding of the agenda.

Reiterating, kindly do not limit your research only to these points and feel free to broaden
your horizons of the research. This is just a list of topics you should cover and is a
reflection of the direction in which we intend to see the flow of debate in the committee.
For any further queries kindly feel free to mail the moderator directly at the email ID given
above in the letter from the Executive Board.

IMPORTANT LINKS TO RESEARCH:

 https://timesofindia.indiatimes.com/india/What-is-Article-370Article-
370/articleshow/35678708.cms

 https://www.financialexpress.com/india-news/article-370-of-constitution-giving-
special-status-to-jammu-and-kashmir-not-a-temporary-provision-says-sc/1120616/

 http://www.yourarticlelibrary.com/essay/special-provisions-for-jammu-and-
kashmir-provided-in-the-constitution-of-india/24907

 https://theprint.in/talk-point/article-370-can-modi-revoke-it-before-2019-and-will-it-
heal-or-hit-kashmirs-ties-with-rest-of-india/73176/

 https://indianexpress.com/article/india/jammu-kashmir-mehbooba-mufti-welcomes-
supreme-courts-observation-article-370-special-status-5123330/

 https://www.news18.com/news/india/article-370-the-first-thorn-in-bjp-pdps-short-
lived-alliance-1784245.html

 https://www.dailyo.in/politics/kashmir-article-35a-pdp-bjp-nc-and-
pdp/story/1/18970.html

 https://www.youtube.com/watch?v=r-I9P0Mb10g

 https://www.youtube.com/watch?v=9bfpsBA-zio

 https://www.youtube.com/watch?v=zJHMdvLVwsQ