Article 370 and 35A have been revoked from the constitution of India

ART. 370: 1949, Gave special status to Jammu and Kashmir, conferring it with the
power to have a separate constitution, a state flag and autonomy over the internal
administration of the state. Foreign affairs, defence and communications remained
the preserve of the central government.
ART. 35A: 1954, It defined "permanent residents" of the state and provide special
rights and privileges to those permanent residents. The state of Jammu and Kashmir
defined these privileges to include the ability to purchase land and immovable
property, ability to vote and contest elections, seeking government employment and
availing other state benefits such as higher education and health care. Non-
permanent residents of the state, even if Indian citizens, were not entitled to these
'privileges'.
These two articles became part of the Indian constitution in response to the promise
made by then PM Jawaharlal Nehru to Maharaja Hari Singh to grant a
Political/administrative independency to Kashmir.

Procedure adopted to reverse these two articles

The governor of Kashmir advised the President of India to issue an ordinance (an
executive order which has the power of a law for 90 days).
The ordinance was passed/ratified by the Indian parliament (composed of two
houses: the Rajya Sabha (Upper house) and the Lok Sabha (Lower house)) with 2/3
majority.

LEGAL CRITIQUES

The supporters of Modi government/Centralists:

1- Special status given under 370/35A were added to the Constitution through
Presidential ordinance and ratified by the parliament and in the same way it
has been revoked.
2- When Kashmir assembly is not in session or it does not exist thus there is a
Governor Raj and the Governor becomes the representative of the people and
he has the power to advise the President to issue the ordinance (and it has
happened)
Counter opinion: Federalists: SS: Special status

1- The special status cannot be reversed by the Center on its own, it could only be
reversed by the consent of the Kashmir Assembly. (If it passes a resolution
with the 2/3 majority only then the SS can be omitted) this guarantee has
been given by the constitution to the Kashmiris.
In 1954 Pm Mr. Nehru on the floor of Lok Sabah stated that The SS given to
Kashmir is IRON CLAD, there is only way to reverse it which is the consent of
the Kashmir Parliament
2- The reversal of the SS is the violation of the ACCESSION TREATY
AGREEMENT, which the maharaja of Kashmir signed with the Indian
government (the pre-condition: that Kashmir would enjoy its special status,
and non Kahmiris would not receive their Citizenship)
Therefore, the Method adopted by the Indian government is ILLEGAL.
3- Kashmir high court 2016: ART 370/35A stated that The SS of Kashmir is
permanent, it cannot be reversed in any case; Only the constituent assembly
(the one who made the constitution) of Kashmir has the power to pass the
resolution. The constituent assembly of Kashmir was dissolved in 1957 thus
the SS could not be reversed in any case.

ADMINISTRATIVE/EXECUTIVE STEPS BEEN TAKEN BY MODI FOR

REVERSING THE SPECIAL STATUS
1. IMPOSING CURFEW AND THE DEPLOYMENT OF MORE AND
MORE TROOPS
The already 700000 troops they were increased after the reversal of the
articles adding more 180000 troops.

WHICH POWER THE INDIAN TROOPS ENJOY IN IOK?

Extra-judicial powers:
1. Under the special protection act any Kashmiri could be picked up by the
forces without any charge and he or she could be imprisoned for 2 years
(recently we have seen it practically applied on Mehbooba Mufti, Omar
Abdullah, Asia Andrabi), 13000 of Kasmiris have been picked by the Indian
Forces.
2. Since august the 5th 2019 till today, Kashmir has seen the longest curfew
ever: Enforced disappearance(picking up under Special Protection Act),
Mainstream Media is closed(electronic and press), International media is not
allowed to access Jammu and Kashmir, people are put under house arrest
especially the political activist, we have seen several examples of use of
extensive force: Pellet guns, usage of Kashmiris as a human shields and their
mysterious killing
 2. ADMINISTRATIVLY KAHMIR HAS BEEN DIVIDED INTO TWO PARTS
THE STATUS OF A STATE HAS BEEN TAKEN OFF. It has been divided into
2 union territories:
1. Jammu and Kashmir valley, which would have its own assembly (a
ceremonial assembly), the powers will be retained by the Governor (strong
intervention of the center) and not by the Chief Minister.
2. Ladakh, is geographically bigger than JKV, would be a Union Territory
without a local government rather it would be governed by a deputy
Governor.
3. The KASMIR CITIZENSHIP LAW HAS BEEN ABOLISHED: Now even the
Non-Kashmiris Indian can obtain the Kashmir domicile.

POLITICAL/DIPLOMATIC INITIATIVE TAKEN BY THE MODI GOV

- INTERNAL FRONT: In 2014 and 2019 Elections, both the electoral
manifesto of BJP included the reversal of the special status given to Kashmir,
WHY? Because Kashmiri political leadership has been corrupt as they did not
developed Kashmir by pocketing benefits for their selves.
(Main local parties in Kahmir: PDP (Kashmir Peoples Democratic Party), NC
(National conference party)).
India Government claim that as the Center didn’t have an active role so they
were unable to stop the ongoing corruption in the region, therefore In order to
develop Kashmir they need to get rid of the Kashmiri politicians through
reversing their SS.
MODI said there is one country one law no special status, there would be no
restrictions on citizenship, Kashmir is part of India and every Indian can purchase
property there.
- INTERNATIONAL FRONT: ECONOMIC DIPLOMACY: The world
governments were tamed down as India played its economic card
. Trump repeatedly offered negotiations but Modi outrightly rejected.
. European leadership: Germany, UK, France were tamed down
. Surprisingly Saudi Arabia, Qatar, UAE, Iran, Kuwait didn’t take a tough
stance against it, as India is their major market.
Externalising the conflict: Through diverting the world attention from freedom
struggle to terrorism.
Because there is a prevailing atmosphere of Terrorism, AJK/POK freedom fighters
continuously fought against the Indian troops and crossed border (Musharraf
admitted it in 2004), so India blames Pakistan for insurgency in Kashmir and
funding of terrorism.
India tried to divert attention through: 1)An aerial strike in 2019 and got befittingly
replied by Pakistan. 2) Surgical strikes (exact accuracy hitting, no colleteral damage,
returning to the base after safely), a country can achieve it through drone which
India doesn’t have, Laser guided artillery, Air Bourne helicopter (India has acquired
the last two from US). Later the Surgical Strikes were proofed to be fake.

OBJECTIVES OF MODI GOVERNMENT

1. To change the demographic equation of Kashmir: By converting a Muslim
majority state into a Hindu majority state through settling down more and
more Hindus in the held Kashmir. There are more than 200000 Military
personnel who have requested the government for citizenship right in
Kashmir, and want to settle down there.
Indian Government is issuing Citizenship to:
. Any military personnel who has served for more the 5 years in Kashmir
. Anyone who wants to purchase land in Kashmir can bought it.
Moreover, it is settling back Hindu Pandits who fled in the 90s because of the
Kashmiri mujahideen attacks.

2. India knows that one day, sooner or later, will have to face the Referendum
according to the resolution of the UN 1949, if he wants to become the member
of UN security council. Therefore, he is trying to increase the pro-Indian vote
bank.

3. To promote Hindutva: an ideology that believes in the concept of AKHAND

BHARAT:

1. Hindustan belongs to Hindus, not to other religions, Muslims and

Christians are invaders/converters/settlers
2. Hindustan must expand beyond its existing borders to its original ones; to
Afghanistan, Pakistan, Sri Lanka, Myanmar, Indonesia (South ASIAN),
they even claim some Gulf countries.
RSS gave this concept in 1923, and in 1925 people started preaching it
practically, Nathuram Godse who killed Gandhi was an RSS worker. In
1950s it was banned but in the 1980 it saw a great revival.
BJP (Bharatiya Janata Party) is an off shoot/political wing of RSS and the
proofs its behaviour with Muslims in Bengal, Kashmir, Assam.
BJP rose in 1985, in the state of Gujrat, by winning 2 seats in the Gujrat Assembly.
In 1988 elections, BJP won 89 seats, an overwhelming majority, guided by Atal
Bihari Vajpayee, there first demand was the demolition of Babri Mosque (and it was
in 1992) to build Ram mandar because it is the birthplace of Shri Ram,
They claim that there was an pre-existing mandir when Babar demolished it, and
constructed a mosque on it in 1528. Archeologists say that there is no proof of a pre-
existing mandir.
More than 1400 mosques are in the list of BJP and RSS, they want to demolish.
Modi is promoting Hindutva:
1. Hatred against Muslims: Gau Mata, Citizenship right amended in 2019 (NRC:
National register of citizenship), everyone who came to India other than
Muslims will get the citizenship. Muslims in Assam have to proof their
citizenship according to the NRC. In the second place it would be applied in
Bengal.
Foreign secretary of Pakistan Riaz Khokhar quoted the Indian counter-part who
told him hi off the record: ‘’If you love Kahmiris take them with you, we do not
want them we want the land.’’

HOW THE WORLD REACTED

Response of Kashmiris: For the first time in the political history of
Kashmir all the political groups have turned against Modi Gov, Hurriyat
Conference is a compilation of different parties, it has always been keen for
Independence. The pro-India parties like PDP lead by Mehbooba Mufti and
NC by Omar Abdullah, have turned against India.
The reversal of the SS of Kashmir has made her realise that not going with Pakistan
in 1947 and supporting the two-nation theory was a blunder by her elders which
they all have been suffering- Mehbooba Mufti
There was only one reason for continuation with India which was the continuation
of the special status- Omar Abdullah
They were all put under arrest together with 13000 political activists and supporters.
The reversal of the special status by Modi has proved Jinnah right- Shashi Tharoor,
a Congress senator.
The opposition leader in the Rajya Sabah Ghulam Nabi Azaad said that Kashmir has
been transformed in the largest open air prison, where more than 13000 people have
been prisoned, the prisons are full, rest houses are full and transformed in jails,
kashmiris have been sent to jail across the country
Mr Habibullah, ex federal secretary, DC and COMMISSIONER of Srinagar:
Kashmiris have never accepted the Indian presence, they boycott Indian products,
they don’t send children to the state owned school and they don’t even take their
patients to the state owned hospitals.

Response of the world:

. Governments: Did not oppose India to the optimum level, even Muslims
countries, because of their economic interests.
. Civil socities/organisations: Amnesty International, UN Human rights
Watch, Genocide Watch condemned the enforced disappearance, use of force,
prolonged curfew, excessive use of special protection act and they stated that
Kashmir has been transformed in an open jail.
 The Genocide Watch highlighted how Indian Government is involved in the
planned genocide of Kashmiri Muslims.
. International Court of justice declared illegal the reversal of the SS and the
prolonged curfew.
. UN security council was conducted twice in the span of two months
. European Parliament discussed the Kashmir Issue for then three hours.
. OIC held two Conferences
MEDIA
Excessive use of force, was highlighted together with curfew.
BBC reported that there is hardly one house in Kashmir Valley which has not
faced death because of the State.

RESPOSNCE OF PAKISTAN
SEVERING OF RELATIONS WITH INDIA:
- Downsizing of its diplomatic relations
- Cut of trade relations
- Closure of air space for general transportation
- Protest launched in Pakistan including AJK and across the world, protests
held in the country on every Friday, huge protests in Kashmir, in
Muzaffarabad, where the PM Khan conducted the biggest gathering.
- Protests all over the world: London, Washington, Brussels…
In the recent history of London (since 2nd world war) there haven’t been such
a big protest conducted by Sikhs, Pakistanis and Kashmiris.
PAKISTAN RESPONDED PRO-ACTIVELY
PM Khans accessed his counter parts several times, and so the FM
We used the UN platform wisely: Kashmir issue was taken to the UN security
council after 54 years.
Speech of Mr Khan in the UN assembly (which included climate change,
Islamophobia, money laundering and Kashmir), has been considered the best
speech ever in UN general assembly.
Legally/humanitarianly our stance is strong, but the world government decides on
the basis of econometrics. Therefore we should continue highlighting this issue at
every possible platform
THERE WAS NO FORMATABLE STEPS TAKEN AGAINST INDIA,
the world proofed that economies are more important than
human rights violation.