Article 370 Essay

ARTICLE 370: LAWS AND POLITICS

As the Constitution acknowledges in Content 370 the special position of Jammu and Kashmir, the Central Government's procedures since 1953 have absolutely undermined it is autonomy. Senior lawyer and political expert A. G. NOORANI discusses both aspects and suggests a way out with the mess.

" I say with all value to our Constitution that it merely does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and intimidation... " " We have struggled the good combat about Kashmir on the discipline of battle... (and)... in lots of a chancellery of the world and the United Nations, but , most importantly, we have battled this combat in the hearts and thoughts of men and women of that State of Jammu and Kashmir. Because, in the end - I say this with all deference to the Parliament - the decision will be made in the hearts and minds of the men and women of Kashmir; nor in this Parliament, nor inside the United Nations nor by any individual else, " Jawaharlal D ehru explained in the Eisenbahn Sabha about June twenty six and Aug 7, 1952. - Chosen works of Jawaharlal Nehru, Vol. 18, p. 418 and

vol. 19 pp. 295-6, respectively.

" From 1953 to 1975, Chief Ministers of the State was nominees of Delhi. Their very own appointment to that particular post was legitimised by holding of farcical and totally rigged elections when the Congress party led simply by Delhi's nominee was chosen by enormous majorities. "

-- This respected description of a blot upon our record which most overlook was written by M. K. Nehru, who was Governor of Kashmir from 81 to 1984, in his memoirs published in 1997 (Nice Guys End Second; pp. 614-5).

THOSE who cavil at Content 370 of the Indian Constitution and the " special status" of Kashmir constitutionally need to remember the " special" treatment meted out to it politically. Which will other Express has been afflicted by such debasement an m humiliation? And, why was this completed? It was mainly because New Delhi had second thoughts on Article 370. It could not become abrogated legally. It was reduced to a husk through personal fraud and constitutional abuse. The current controversy is much more than about refurbishment of Article 370 by simply erasing the distortions. It truly is about redressing a ethical wrong. The United Entrance government's minimal programme, printed on Summer 5, mil novecentos e noventa e seis, said " respecting Document 370 of the Constitution plus the wishes of the people, the difficulties of Jammu and Kashmir will be resolved through providing the people of this State capital t he maximum degree of autonomy. "

Constitutional maltreatment accompanied politics fraud. Document 370 was intended to ensure Kashmir's autonomy. On December 4, 1964, Union Home Minister G. L. Nanda said it would be used to act as " a tunnel (sic. ) in the wall" in order to increase the Nickle re's electrical power.

The State was placed in a status inferior to that of other States. One particular illustration suffices to demonstrate that. Parliament were required to amend the Constitution several times, by means of the 59th, 64th, 67th and 68th Constitution Amendments, to extend the President's Regulation imposed in Punjab on May 11, 1987. For your Jammu and Kashmir the same result was accomplished, from 1990 to 1996, by simply mere executive orders below Article 370.

Another major case shows the capacity pertaining to abuse. In July 30, 1986, the President built an order under Content 370, extending to Kashmir Article 249 of the Metabolism in order to encourage Parliament to legislate also on a subject in the Express List within the strength of any Rajya Sabha resolution. " Concurrence" for this was given by the Centre's individual appointee, Chief of the servants Jagmohan. G. A. Lone, a former Secretary, Law and Parliamentary Affairs, to the Local government described in Kashmir Instances (April twenty, 1995) how a " manipulation" was carried out " in one day" illegitimate Secretary's advice and " in the a shortage of a Council of Ministers. "

The Nehru-Abdullah Agreement in July 1952 (" the...



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