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The penalty was in the judge’s hands — there was no jury — and 63(12) gave him wide discretion.
The present government decided to establish peace in Kashmir by abolishing Article 370 in August
2019. However, to apply a central legislation to matters other than defence, foreign affairs and
communications, ”concurrence” of the state government was mandatory. They can rob our freedom,
jobs, lands, girls, army lives, etc. In June 1949, he conferred all his powers as ruler to Yuvraj Karan
Singh Bahadur, to be exercised by Bahadur in Singh’s absence. SC verdict on abrogation of Article
370 Explained Live: What was the reaction to the judgment in Jammu. A Kashmiri man, on the other
hand, was free to marry any lady from any state and preserve his property Rights. Read Next: About
the Author Col (Dr) Tej Kumar Tikoo (Retd.) is author of the book Kashmir: Its Aborigines and their
Exodus and A Legendary Nationalist BOB KHATHING: Prevented China from grabbing Tawang.
The decision of scrapping Article 370 has been termed as bold and courageous. Read PB Mehta's
opinion on SC's Article 370 verdict PB Mehta writes: Was the Modi government’s move another
chapter in the betrayal of Jammu and Kashmir on which the SC has now put its seal of approval. In
any case, the Court will have to consider the ground impact of the four years that it has taken for the
top Court to hear the case. He had said, “You want India to defend Kashmir, give Kashmir equal
rights over India, but you deny India and Indians all rights in Kashmir. They also voiced frustration
at a part of the special counsel’s report focusing on personal notes that Biden took — and kept with
him upon leaving the vice presidency — related to classified information. Even though Maharaja
Hari Singh issued a proclamation saying he would retain his sovereignty, his successor Karan Singh
proclaimed that the Indian Constitution would prevail over all other laws in the state. This is the first
time that Article 370 has been used to amend Article 367 (which deals with Interpretation) in respect
of Jammu and Kashmir, and this amendment has then been used to amend Article 370 itself. This
means more work, greater growth opportunities and good income for the locals. As no outsider can
settle in the state and own any property there, the politically well-connected people stand to gain
enormously. Article 3 of the Constitution does not give the Parliament powers to downgrade federal
democratic States into a less representative form such as a Union Territory. India assisted on the
condition that Kashmir joins India. Article 3 of the Constitution It says that before parliament can
consider a bill that diminishes the area of a state or changes its name, the bill must be “referred by
the President to the Legislature of that State for expressing its views thereon”. The Challenge at the
Supreme Court Immediately after the abrogation, several individuals and organisations around the
Country moved the Supreme Court challenging its constitutionality. Even before she filed her
lawsuit against the Trumps in 2022, Ms. James used 63(12) as a cudgel to aid her investigation. But
63(12) allows the attorney general to do a substantive investigation before deciding whether to sue,
settle or abandon a case. CJI DY Chandrachud said that Jammu and Kashmir held no internal
sovereignty after accession to India. The Jammu and Kashmir Redistribution Bill was introduced in
the Rajya Sabha on 6 August 2019. The Indian Constitution laws will be 100 per cent applicable in
Jammu and Kashmir. As studied in the Article 370 essay, it is clear that the state of Jammu and
Kashmir has a special status and can incorporate its own Constitution, no other states in the Country
have these powers. Since then, there have been many such TRCs were established across the world,
with Britannica Encyclopaedia stating that there have been more than 35 truth commissions operated
since the mid-1970s in all regions of the world. Following several days of furor — during which
Republicans called for Biden to step aside and Democrats attested to Biden’s sharpness and pointed
to Trump’s own frequently confusing language — Sauber and Bauer fired off one more letter to the
Justice Department on Monday. The five-judge bench that will deliver the judgment is led by Chief
Justice of India DY Chandrachud and comprises Justices SK Kaul, Sanjiv Khanna, BR Gavai and
Surya Kant.
Once all the security measures are met, we can give statehood as it happened with Goa and
Arunachal Pradesh in the past. In spite of these three subjects, the central government is restricted to
interfere because of the special status of the state of Jammu and Kashmir. For the purpose of
delimitation, the 2011 census figures are to be taken as the benchmark. They dismissed the argument
that Hur’s role was nothing like Comey’s. Kashmir was allowed to fly its own flag alongside the
tricolour, its land was secured against “outsiders”, and the Centre was forbidden from sending in
armed forces without the state’s permission. The petitioners who had challenged the abrogation were
represented by senior advocates such as Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Zaffar
Shah, and Dushyant Dave, among others. There are generally two types of research papers, one being
qualitative and the other quantitative. The Modi government has been criticised by the truncated
opposition within the country as well as a section of foreign observers for its “surgical operation”,
which amounts to rescinding promises made during the annexation of the erstwhile princely state. He
said entertaining one more petition would encourage many others to approach the court and there
will be no end to the petitions. It empowers the Jammu and Kashmir legislature to take decisions
independently on all fronts except in the matters of communication, defence, foreign affairs and
finance. A year later, the then Home Minister Gulzari Lal Nanda, again on the floor of Lok Sabha on
4 December 1964, said, Article 370 is a tunnel to take the Constitution of India to Jammu and
Kashmir. How have the RSS and the BJS viewed the issue in the past. Article writing involves
explaining the central thesis and constitutes a process of methodological demonstration of this
assertion. In relation to Kashmir, a proviso has been added to Article 368 by the Constitution
(Application to Jammu and Kashmir) Order, 1954, which says that no constitutional amendment
“shall have effect in relation to the State of Jammu and Kashmir” unless applied by an order of the
President of India, under Article 370. As no outsider can settle in the state and own any property
there, the politically well-connected people stand to gain enormously. It also has a provision to
recognize as permanent residents, people who had migrated to Pakistan and returned, though subject
to certain conditions. Union government can along these lines not announce crisis on grounds of
inside. The government argued that Article 370 was a temporary provision and once the constituent
assembly was dissolved in 1957, the president had the power to abrogate it without holding any
consultation. Elements keen to destabilize India would seek to build a narrative that Delhi is taking
away powers from the local level. This move has received mixed reactions from political parties and
general public though it has largely been appreciated. It even got the power to annul Article 370
altogether. This article has given the leaders of Jammu and Kashmir region enormous powers and
autonomy from the Indian union. More than that, the middle did not have the authority to declare a
financial emergency within the state, but that is no longer the case; Kashmir now follows the same
rules and regulations as the rest of the nation. Garland names Robert Hur special counsel in Biden
classified files case Before Biden’s legal team contacted Garland, it lodged several complaints with
Hur’s office. Kashmir had its own way to handle all things and they had never denied for trade so i
don’t think that there was a real need to take this as a part of india. Have countries set up truth
commissions in the past. Its constitutionality has been challenged in the Supreme Court. Since then,
47 Presidential orders have been issued before the latest order of 2019. He wrote on social media last
year that 63(12) was “VERY UNFAIR.” William K. Rashbaum contributed reporting. Even if
military forces held Kashmir for a while, a later consequence might be a strong reaction against this.
A comparison with the autonomy granted by the constitution of China and the US to its units is
enough to establish that Article 370 is neither against the federal character nor against the unitary
scheme of the Indian Constitution. The government of India dismissed his government and placed
him in preventive detention. Experts note that the best truth commissions are those that focus on the
victims, specifically the people or communities most marginalised by abuses or atrocities. India’s
social fabric not only in its impact on Jammu and. India did promise to give it a special status under
Article 370 of the constitution of India. In retrospect, it is hard to imagine any rationale or
justification for taking a part of India and assigning, in perpetuity, means for undoing the unity of the
nation. Connect with my team on WhatsApp for unbiased MBA College Selection advice. The state
government thus went on to draft a separate constitution. Kashmir, given the population of Muslims
in the region, was reluctant to join either of the forces on their sides i.e, India or Pakistan. While only
the classicist strain will be explained here, other modes of definitions, differences and similarities will
also be presented. After going through the following essays you will know about Article 370 and its
provisions; history of Article 370; advantages and disadvantages of Article 370; how was it revoked;
what will be the consequences of scrapping Article 370; what bills were passed for its revokal, etc.
He was in jail for years, Amit Shah ji does not know history. As per the laws enforced by the state,
the Indian citizens from other parts of the country were denied the right to purchase property in
Jammu and Kashmir. You can read the main takeaways from the landmark verdict here. Ben Protess
is an investigative reporter at The Times, writing about public corruption. The Union Territory of
Ladakh will include the districts Leh and Kargil which, in effect, ceased to be part of the existing
state of Jammu and Kashmir. Jammu and Kashmir citizens enjoyed dual citizenship. No independent
nation can compromise its sovereignty. In relation to Kashmir, Article 368 has a proviso which says
that no constitutional amendment “shall have effect in relation to the State of Jammu and Kashmir”
unless applied by an order of the President of India, under Article 370”. Nehru was a leader not
supposed to be a Kashmiri icon. Article 370 has recently been scrapped making it a historic event
which is expected to change the face of the state for good. It is an advanced definition and detail
about Pollution. Till this point, the debate seems to be veering around whether a temporary provision
in the Indian constitution could become permanent. However, soon after it came to be known as a
permanent feature of the Indian Constitution. The Legislative Assembly then made the laws that
were to fit within the parameters of the Constitution. As evident from the title of the Part, it was
supposed to be a temporary provision and its applicability was projected to last till the formulation
and adoption of the State’s constitution. In their letters to Hur, Biden’s lawyers sought the
opportunity to review and comment on a draft of his report. State Constituent Assembly, it cannot be
abrogated. We should get rid of Article 370 at the shortest possible time to safe guard our national
interest. Something which was temporary, transitional has become permanent.
The Concurrent List, on which both the Centre and States. The government argued that Article 370
was a temporary provision and once the constituent assembly was dissolved in 1957, the president
had the power to abrogate it without holding any consultation. This means more work, greater
growth opportunities and good income for the locals. A comprehensive article 370 of the Indian
constitution essay can be used by students aspiring for IAS or IPS (UPSC Civil services)
examination in the country. Since Legislative Assembly of J and K is at present separated as the state
in. It further said that this decision is a publicity stunt by BJP to fetch more votes. They are meant to
probe allegations of rights abuses and help restore peace between communities through delivery of
justice. These Articles have nurtured communalism, separatism, subversion and terrorism in Kashmir;
and are also responsible for driving out lakhs of Hindus from Kashmir. One is constituent get-
together of Jammu and Kashmir which they said will as. To those states too, the said clauses were
applicable. QR Codes Generate QR Codes for your digital content. SC verdict on abrogation of
Article Live: Devendra Fadnavis hails verdict BJP leaders, such as Maharashtra’s Deputy Chief
Minister Devendra Fadnavis, hailed the Supreme Court’s verdict on the revocation of Article 370. It
earlier was titled “Shah Faesal and Ors Vs Union of India and Ors”. It is at this juncture that Dr
Mookerjee famously said, “ Nahin chalenge ek desh mein do vidhan, do pradhan aur do nishan (You
cannot have two constitutions, do prime ministers, and two flags in one country).” Read more on his
views here. Its purpose was to enable Jammu and Kashmir to transition from an independent princely
state to a democratic State of India. Following several days of furor — during which Republicans
called for Biden to step aside and Democrats attested to Biden’s sharpness and pointed to Trump’s
own frequently confusing language — Sauber and Bauer fired off one more letter to the Justice
Department on Monday. Is the PM, BJP, Indian Army and people of India ready for that. They didn't
want to be combined, and they wanted to keep their identity as a separate province. Dear Mr LG
these chains that have been put on my gate have not been put by me so why are you denying what
your police force has done. In some countries, dissertations are also referred to as a thesis. Read this
explainer to understand the court's view on 4 key issues: sovereignty of Jammu and Kashmir,
whether Art 370 is temporary or permanent, legality of the abrogation of Article 370, and the action
that was taken under President’s rule. Since then, 47 Presidential orders have been issued before the
latest order of 2019. Over a period of time, the separatist lobby in the state has used this barrier to
build a mindset of alienation. This is a very significant step when it comes to managing 'things' in the
valley and will have grave consequences for future generations as well. After almost four years of
repose, the Supreme Court is set to hear the challenge to the abrogation of Article 370 next week. SC
verdict on abrogation of Article 370 Explained Live: After the erstwhile state was bifurcated into two
Union Territories, what changed. The law also empowered Justice Engoron to set new restrictions on
Mr. Trump and his family business, all of which Mr. Trump is expected to appeal. However, Article
370 also empowered the President of India to abrogate it with the consent of the Constituent
Assembly of Jammu and Kashmir. Article 6 sets down conditions for expanding enduring. There used
to coverage of the Kashmiris on the BBC.mostly the Muslim Kashmiris.
SC verdict on abrogation of Article 370 Explained: How has the situation in Jammu and Kashmir
changed since August 2019. Women were the worst victims of this equation, as they lost their land
Rights if they married someone from outside the state. Increased investment leads to further
improvement in employment generation and socio-economic infrastructure in the state. Constitution.
On the off chance that it prompts a long and goliath battle to. This is a very significant step when it
comes to managing 'things' in the valley and will have grave consequences for future generations as
well. All this came to a sudden halt when article 370 was abrogated in 2019. He said entertaining one
more petition would encourage many others to approach the court and there will be no end to the
petitions. Col Tikoo paints a grim picture for India no matter which way we slice the Kashmir issue.
The IoA also stated that it could not be amended by the Indian government unless a supplement to
the IoA allowed it. Life of people in the Kashmir region has especially been miserable. The Court’s
decision will have far-reaching implications on all political, legal and regional developments that
have occurred in the State these few years. The Indian Penal Code, 1860, the Prevention of
Corruption Act, 1988, the Religious Institutions (Prevention of Misuse) Act, 1988, and the Delhi
Special Police Establishment Act, 1946 are some crucial Union laws that are not at all applicable to
the state. Which countries have had such commissions in the past. Please find below the link from
the Law Ministry’s website to Article 368 of the Constitution: (26).pdf. Several states have different
constitutional guarantees. The northernmost state, which was accorded special status under this act,
will now be like any other state of India. Bromwich covers criminal justice in New York, with a
focus on the Manhattan district attorney's office, state criminal courts in Manhattan and New York
City's jails. Those reports often enumerated an individual’s alleged wrongdoing without any need to
prove it in court. The abrogation of Article 370 does not erode federalism, he adds. A comparison
with the autonomy granted by the constitution of China and the US to its units is enough to
establish that Article 370 is neither against the federal character nor against the unitary scheme of
the Indian Constitution. It empowers the Jammu and Kashmir legislature to take decisions
independently on all fronts except in the matters of communication, defence, foreign affairs and
finance. Parties that Supported the Decision Among those that showed support to this decision were
the Aam Aadmi Party, Bahujan Samaj Party, Shiv Sena, AIADMK, Shiromani Akali Dal, YSR
Congress, Telugu Desam Party, Biju Janata Dal, BPF and AGP. They have always felt that they
belong to a different political idiom which has nothing to do with India. He said these can await the
outcome of the Article 370 petitions and would need to be heard only if the latter petitions succeed.
Moneycontrol explains what Article 370 is, why the government abrogated it and what was argued in
the court for and against the abrogation. Our basic policy must keep this in view, or else, we fail. ”.
State. Notwithstanding, a close to expectation doesn't have any sort of impact. He recommended the
setting up of an impartial Truth and Reconciliation committee to investigate and report on the
violations of human rights both by the State and non-state actors at least since 1980s and recommend
measures for reconciliation. “The Commission must be set up before memory escapes. However, the
petitioners argued that it is not for this reason that Article 370 is referred to as a “temporary”
provision. Only permanent residents are eligible for special rights and privileges.