All the What, Why and How .of Article 370.....

[Spartan]

WHAT IS ARTICLE 370?

This Article specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the Instrument of Accession), the Indian Parliament needs the state government's concurrence for applying all other laws. Thus, the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

Similar protections for unique status exist in tribal areas of India, including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. However, it is only in the case of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan, still on the agenda of the UN Security Council and where the Government of India vide 1974 Indira-Sheikh accord committed itself to keeping the relationship between the Union and Jammu and Kashmir within the ambit of this Article.

[Spartan]

WHY IT WAS INCORPORATED

Dr. Amitabh Mattoo, former Vice Chancellor of Jammu University, in an article for The Hindu explained it thus:

"First, why was Article 370 inserted in the Constitution? Or as the great poet and thinker, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949: "Why this discrimination please?" The answer was given by Nehru's confidant; the wise but misunderstood Thanjavur Brahmin, Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet, a former Diwan to Maharajah Hari Singh of Jammu and Kashmir, and the principal drafter of Article 370). Ayyangar argued that for a variety of reasons, Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still "unusual and abnormal”. Part of the State's territory was in the hands of "rebels and enemies”.

In fact, today the autonomy enjoyed by the State is a shadow of its former self, and there is virtually no institution of the Republic of India that does not include J&K within its scope and jurisdiction. The only substantial differences from many other States relate to permanent residents and their rights; the non-applicability of Emergency provisions on the grounds of "internal disturbance" without the concurrence of the State; and the name and boundaries of the State, which cannot be altered without the consent of its legislature. Remember J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.

Fourth, can Article 370 be revoked unilaterally? Clause 3 of Article 370 is clear. The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.

In other words, Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing to recommend its revocation. Of course, Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review which may find that this clause is a basic feature of the relationship between the State and the Centre and cannot, therefore, be amended".

[Spartan]

CAN PARLIAMENT AMEND CONSTITUTION?

The government can amend the Constitution to facilitate the abrogation of Article 370. But, it is not going to be an easy job. According to Lok Sabha legislation rules, Money Bills and bills seeking to amend the Constitution can't be passed by calling a joint session of Parliament.

Joint sitting rules says, "Article 108(1) of the Constitution provides that when a Bill (other than a Money Bill or a Bill seeking to amend the Constitution) passed by one House is rejected by the other House or the Houses have finally disagreed as to the amendments made in the Bill or more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha, notify to the Houses by message, if they are sitting, or by public notification, if they are not sitting, his intention to summon them to meet in a Joint Sitting. The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clause (3) of Article 118 of the Constitution to regulate the procedure with respect to Joint Sitting of Houses. So far, there have been three occasions when Bills were considered and passed in a Joint Sitting of the Houses of Parliament.”

The total strength of the Lok Sabha is 543 members and the ruling BJP has 303 MPs. The two-third majority requires over 362 MPs’ votes in favour of the amendment bill. It can take the help of other regional parties, if it really wants to amend the Constitution. But, it is not going to be an easy job.

In Rajya Sabha, however, the going would be tough with the BJP having still lesser number.

[Android_Halwa]

For this bill, we should see how the other parties support ?

especially the likes of Congress...Are they gonna support this bill, abstain or oppose.

if Congress opposes this bill, then that’s the end of congress. If they walk out, it will only make things much smoother for the BJP and if they support, the traditional muslim vote bank will be hit, especially the northern Indian minority bank...and better not to talk about the traditional support from Mufti and Abdullah...

[reality]

1 minute ago, Android_Halwa said:

For this bill, we should see how the other parties support ?

especially the likes of Congress...Are they gonna support this bill, abstain or oppose.

if Congress opposes this bill, then that’s the end of congress. If they walk out, it will only make things much smoother for the BJP and if they support, the traditional muslim vote bank will be hit, especially the northern Indian minority bank...and better not to talk about the traditional support from Mufti and Abdullah...

Opposing this bill is suicidal to any Indian party.

[Android_Halwa]

11 minutes ago, reality said:

Opposing this bill is suicidal to any Indian party.

For Congress, if they don’t oppose then it will be suicidal...

for the likes of TMC too..

[Spartan]

looks like this will be ground work for 370 abolishment directly.

[Spartan]

State Assembly ni kulche plan lo unnaru,

by putting Mufti and Omar in the Jk Banking case and dissolve the assembly.

this will help Center directly go to President to abolish 370.

[Spartan]

Case mottam binginchesaru around noose for Mufti and Omar.

[RaaoSaab]

4 minutes ago, Spartan said:

looks like this will be ground work for 370 abolishment directly.

First 35 leptaru...tarvata 370 anukunta

[RaaoSaab]

35 doesn't have full legality as it's kind of executive order

[Staysafebro]

18 minutes ago, reality said:

Opposing this bill is suicidal to any Indian party.

Congress will come up with their own version and say that what has been introduced is not acceptable. It will look like they are opposing it.

[Spartan]

1 minute ago, RaaoSaab said:

First 35 leptaru...tarvata 370 anukunta

yes, this wil, help in dissovling the JK Assembly..

donga na kodkulanta okkataitaru...it will be easy to dissovle it then.

[Spartan]

Lol Amit Shah struck in traffic

[RaaoSaab]

45 minutes lo statement in RS by Shoe