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JOURNEY OF ARTICLE 370

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    Until the Modi government moved to end it with a presidential ordnance, Jammu & Kashmir had enjoyed a special constitutional relationship with the Union of India because of the circumstances in which Maharaja Hari Singh, the ruler of Kashmir, signed the Instrument of Accession after Independence in 1947 ended British paramountcy over his princely state. Government’s move has not repealed 370; it has effectively made it defunct. It has done away with Article 35A, which emanated from it.

1947: WHY MAHARAJA BIT THE ACCESSION BULLET

    The instrument of accession was executed on October 26, 1947 by Hari Singh and accepted by Lord Mountbatten. The circumstances and timing of the signing are important. A few days before that, Pashtun “tribesman” and Pakistani irregulars had crossed into his state and were moving towards Srinagar. The Maharaja turned to India for help, but India could only defend, provided it was a formal part of her territory.

    Clause 5 of the document said that the terms of accession “shall not be varied” by any amendment to the Govt of India Act of 1935 or the Indian independence Act 1947 unless accepted by Hari Singh in a supplementary instrument. Clause 6 disallowed the making of laws to acquire land in the state “for any purpose” but permitted Hari Singh to do so for the Dominion of India for a law applicable to the state. Clause 7 said no future Constitution of India (which was still to be written) could be imposed on the state.

    In 1950, in the original Constitution of India, J&K was listed as a Part B state, along with the other princely states that had merged by Instruments of Accession, including Hyderabad and Mysore.

    Part B states were then abolished and J&K was by an amendment of the Constitution put into Article 1 as India’s 15th state and irrevocably part of the “territory of India.” It continued to enjoy the special status granted to it under Article 370.

PLEBISCITE OUT, SPECIAL STATUS IN

    Article 370 was incorporated in Part XXI (temporary provisions with respect to the State of Jammu and Kashmir) of the Constitution. The state’s constituent assembly had wanted only those aspects of the Indian Constitution that reflected what Hari Singh had signed away. Besides Article 1, it was the only other article of the Indian Constitution that automatically applied to J&K. The other provisions of the Indian statute could apply to the state only if its constituent assembly concurred.

    Article 370 provided Jammu & Kashmir with special status, allowing it, its own state constitution. The Union of India could legislate act only in defence, foreign affairs and communications.

    Since the 1950s, there have been efforts to pull the state into a deeper embrace with the Union, but Article 370 was strengthened when Sheikh Abdullah, who had become the second Prime Minister of J&K in 1948 and was later dismissed came to an agreement—after spells of detention—with Prime Minister Indira Gandhi in 1975. In return for giving up his demand for a plebiscite, special status for J&K was allowed to continue and Sheikh Abdullah became the chief minister.

    However, over the years, the state was made subject to many Indian laws through various amendments in concurrence with the state assembly, the logic being that it was the natural successor to the J&K constituent assembly, which by definition was a transitional body.

    35A DEFINES WHO IS A PERMANENT RESIDENT.

    Article 35A was made part of the Indian Constitution in 1954, through a presidential order—though its genesis goes back to early 20th century Dogra apprehensions of an influx from Punjab, which they feared would change the State’s demographic and land ownership patterns. The article, which defines who is a permanent resident of J&K and lays down laws restricting property purchase and ownership to such permanent residents, also discriminated against women, depriving them of their state subject rights if they married non-permanent residents. The J&K high court ruled against this aspect in 2002.

    It had been the subject of acrimonious political debate and was challenged in the Supreme Court in 2014 on the grounds that it had been added to the Constitution not through an amendment passed by Parliament but by Presidential decree. Recent Constitution (Application to Jammu and Kashmir) Order 2019 supersedes the 1954 order, in effect scrapping Article 35A.

    SADR-I-RIYASAT OR GUV: IT’S ALL IN A WORD

    Article 370 said no changes could be made to the Constitution regarding the status of J&K without the concurrence of the state’s constituent assembly. The constituent assembly, though, was dissolved in November 1956 without providing any alternative to obtaining its concurrence. Article 370, originally written as a temporary measure, was treated in several court orders as therefore having become permanent. However, a presidential declaration on November 15, 1952, under Article 370 (3), had defined the “Government” of J&K as meaning the Sadr-i-Riyasat of the state acting under the advice of the state’s Council of Ministers. Then, in 1965, the term “Sadr-i-Riyasat” was changed to “Governor” by the Constitution of Jammu and Kashmir (6th Amendment) Act, 1965. The change meant that a Sadr-i-Riyasat elected by the state assembly was replaced by a governor appointed by the President of India.

    August 6 Constitution Order 2019 was issued by the President under Article 370, Clause 1, with the concurrence of the “Government of J&K”. “Government” here means the “Governor”.

Posted by Kamlesh Tripathi

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Shravan Charity Mission is an NGO that works for poor children suffering from life threatening diseases especially cancer. Our posts are meant for our readers that includes both children and adults and it has a huge variety in terms of content. We also accept donations for our mission. Should you wish to donate for the cause. The bank details are given below:

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Our publications

GLOOM BEHIND THE SMILE

(The book is about a young cancer patient. Now archived in 7 prestigious libraries of the US, including, Harvard University and Library of Congress. It can also be accessed in MIT through Worldcat.org. Besides, it is also available for reading in Libraries and archives of Canada and Cancer Aid and Research Foundation Mumbai)  

ONE TO TANGO … RIA’S ODYSSEY

(Is a book on ‘singlehood’ about a Delhi girl now archived in Connemara Library, Chennai and Delhi Public Library, GOI, Ministry of Culture, Delhi)

AADAB LUCKNOW … FOND MEMORIES

(Is a fiction written around the great city of Nawabs—Lucknow. It describes Lucknow in great detail and also talks about its Hindu-Muslim amity. That happens to be its undying characteristic. The book was launched in Lucknow International Literary Festival of 2014)

REFRACTIONS … FROM THE PRISM OF GOD

(Co-published by Cankids–Kidscan, a pan India NGO and Shravan Charity Mission, that works for Child cancer in India. The book is endorsed by Ms Preetha Reddy, MD Apollo Hospitals Group. It was launched in Lucknow International Literary Festival 2016)

TYPICAL TALE OF AN INDIAN SALESMAN

(Is a story of an Indian salesman who is, humbly qualified. Yet he fights his ways through unceasing uncertainties to reach the top. A good read not only for salesmen. The book was launched on 10th February, 2018 in Gorakhpur Lit-Fest. Now available in Amazon, Flipkart and Onlinegatha)

RHYTHM … in poems

(Published in January 2019. The book contains 50 poems. The poems describe our day to day life. The book is available in Amazon, Flipkart and Onlinegatha)

(ALL THE ABOVE TITLES ARE AVAILABLE FOR SALE IN AMAZON, FLIPKART AND OTHER ONLINE STORES OR YOU COULD EVEN WRITE TO US FOR A COPY)

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COSTLY MISTAKES OF BJP

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narendra modi

P.M. NARENDRA MODI—from the voice of India to silent mode.

    India voted for Sri Narendra Modi first and BJP second. Because, in a short span of time he had become the voice of India even before he had won the elections. But his deafening silence, this time in #Lalitgate will affect his image adversely. The way people remember his eloquent speeches, they will now remember his sting of silence, signifying, as if he is supporting corruption. It is a costly mistake. And, unfortunately the public memory is not short anymore, because of the media. He should therefore break his silence forthwith.

SUSHMA SWARAJ

 

    By not resigning she might bring her illustrious career to a slow down. The first thing that will come to peoples mind when they think about her, will now be #Lalitgate and impropriety. She also ignored the subtle advice of L. K. Advani, the patriarch of BJP which is another mistake. And in this entire huff and puff she has helped no one else, but the opposition. Such an experienced politician should have kept abreast with the golden adage, ‘a man is known by the company he keeps.’ But she ignored that and kept her friendship alive with Lalit Modi. And in this political hara-kiri one can only wish her the best.

VASUNDHARA RAJE

raje

    She too has committed a similar mistake of sticking to the chair. In future she and even her son will be remembered for serious controversies which are perception wise even anti national. She again has handed over crores of votes to her rival party Congress, on a platter.

DEVENDRA FADNAVIS AND KIRAN RIJIJU

fadnavis Kiren_Rijiju_(cropped)

    Where was the need to go and throw your weight around hapless air-passengers? Perhaps, power has got into their heads. Before this incident people had a good and positive impression about these two young leaders of BJP. What irritated the public more was, after bullying the airline, they told lies with equal temerity. This is a costly mistake that people will not forget. Rather, they would be remembered as, ‘accha woh minister jo plane mein dadagiri karta hai.’ They can apologise even now, as they are young and have a long way to go

 SMRITI IRANI

irani

    She went hammer and tongs against Rahul Gandhi. But she herself is now caught, in a degree row when she happens to be the HRD minister of the country. If she had some controversial degrees and certificates she should have stayed away from the Union Cabinet. BJP has come to power after a decade with a huge mandate. The strategy of BJP should be to perform in a manner that makes others envious, but on the contrary what is coming to the fore is irritating controversies and that too by some of their tall leaders.

PANKAJA MUNDE

munde

    With no idea about policies and procedures she goes and orders stuff worth over 200 crores and Devendra Fadnavis justifies it, prima-facie. With such leaders and ministers BJP doesn’t require enemies as it is committing its own unplanned hara-kiri.

    As a BJP supporter. I would request Sri Narendra Modi to grip the turbulent ship hard, to bring it back on course.

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Posted by Kamlesh Tripathi

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                                                       https://kamleshsujata.wordpress.com

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Shravan Charity Mission is an NGO that works for poor children suffering from life threatening diseases. Should you wish to donate for the cause the bank details are given below:

NAME OF ACCOUNT: SHRAVAN CHARITY MISSION

Account no: 680510110004635 (BANK OF INDIA)

IFSC code: BKID0006805

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Our publications

GLOOM BEHIND THE SMILE

ONE TO TANGO … RIA’S ODYSSEY

AADAB LUCKNOW … FOND MEMORIES

REFRACTIONS … FROM THE PRISM OF GOD

(CAN BE BOUGHT FROM ON LINE BOOK STORES OR WRITE TO US FOR COPIES)

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CROSSTALK: WHO HELPS WHOM … the X-factors of politics

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political party

    Mohd Asaduddin Owaisi, is a bitter rival of BJP. But now his party is fighting Bihar elections and this is surely good news for BJP. As this will help in dividing Muslim votes further. That will only help BJP. So in real life you don’t really know whose helping whom.

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    Dr Manmohan Singh after bitterly criticizing BJP in the morning. Calls on Prime Minister Narendra Modi in the afternoon. Many TV channels speculate as to why this meeting took place. There are rumours galore. That he went to tutor the PM on how to run Indian economy. Some said he called on the Prime Minister for asylum. Owing to the various scams committed during UPA regime. Where, BJP won the general elections, primarily because of the scams. So, in some ways thanks to Mrs Sonia Gandhi and Dr Manmohan Singh.

    Well on the face of it. BJP and Congress might be bitter rivals but the moral of the story is even a bitter rivals can give their opponents a lifetime of an opportunity. Perhaps, PM Narendra Modi didn’t forget this gesture of Dr Manmohan Singh. So, in politics who helps whom is often not in the hands of politicians alone.

aobjp

    Mohd Asaduddin Owaisi, is a bitter rival of BJP. But what happens. If his party MIM decides to contest UP elections. Muslim votes will further get divided, amongst Congress, SP, MIM, BSP and BJP. And who will it benefit–obviously BJP? So in politics no one knows, who’s helping whom.

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By Kamlesh Tripathi

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https://kamleshsujata.wordpress.com

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Share if you like it

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Shravan Charity Mission is an NGO that works for poor children suffering from life threatening diseases. Should you wish to donate for the cause the bank details are given below:

NAME OF ACCOUNT: SHRAVAN CHARITY MISSION

Account no: 680510110004635 (BANK OF INDIA)

IFSC code: BKID0006805

*

Our publications

GLOOM BEHIND THE SMILE

(Archived in 7 prestigious libraries of the US, including, Harvard University and Library of Congress. It can also be accessed in MIT through Worldcat.org. Besides, it is also available for reading in Libraries and archives of Canada and Cancer Aid and Research Foundation Mumbai)  

ONE TO TANGO … RIA’S ODYSSEY

(Archived in Connemara Library, Chennai and Delhi Public Library, GOI, Ministry of Culture)

AADAB LUCKNOW … FOND MEMORIES

(Launched in Lucknow International Literary Festival 2014)

REFRACTIONS … FROM THE PRISM OF GOD

(Co-published by Cankids–Kidscan, a pan India NGO and Shravan Charity Mission, that works for Child cancer in India. The book is endorsed by Ms Preetha Reddy, MD Apollo Hospitals Group. Book was launched in Lucknow International Literary Festival 2016)

(CAN BE BOUGHT FROM ON LINE BOOK STORES OR WRITE TO US FOR COPIES)

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Title: DALBADLUS, TURNCOATS, POACHED AND WILD CARD ENTRIES- HAVING A FIELD DAY IN INDIAN POLITICS

    Probity has always been the hallmark of public life. As a result of which it has always been bracketed as a ‘domain ideology’ suiting a certain section of the society. Therefore, it always required the platform of an ‘ideology’ from where it could operate with probity being, it’s chastity belt.

    This gave the world many ideological terminologies such as Communist, Marxist, Socialist, Capitalist, Secular, Rightist, Leftist to name a few. Almost, like poster signs for various sections of society to choose and follow. And, individual add-ups of these manifested as political parties flagging their brand of ideology. It was therefore difficult to swim through politics without ideological waters until sometime back. But the scenario is now fast changing.

IS TRADITIONAL POLITICKING IRKING THE PRESENT DAY POLITICAN?

Yes, and if I were to say the genesis of traditional ‘ideology’ in politics has become the nemesis of Indian Politics today. I won’t be wrong. Because the heart-throb, of Traditional Indian Politics, the so called the ‘isms’ that behaved as attractive flag-posts such as Communism, Socialism, Capitalism, Secularism to name a few have slowly vaporized into thin air. The pledge to ‘serve’ has transformed into ‘somehow rule.’ The competencies and prowess required earlier to stay afloat in politics too have changed to winnability, glamour, backstabbing, chamchagiri and of course criminality.

BUT WHO GAINS IN ALL OF THIS?

Traditional politicians, who still delve deep in rooted ‘isms’ may lose out to the new wild card entries. As, in the present, a courtship with politics is deemed fashionable only if it is flirting with those political parties, that are high on political libido.

Glaringly in the case of Delhi elections, and that too specifically in BJP. Where, Kiran Bedi was made to paratroop as a CM candidate. Leaving the entire cadre of BJP high and dry. Turncoats like Krishna Tirath, a dalit leader and former union minister who when out of power walked into BJP shamelessly, as if poached like a sitting duck.

But the craziest of all was the induction of dalbadlus like Shazia Ilmi into BJP. Who until a year back was a staunch supporter of AAP. But when it did not suit her, on some flimsy grounds, she left the party. Ostentatiously, exhibiting that she didn’t believe in any moral ‘isms.’ And what was more surprising was her entry into the number one, national ruling party BJP. Just because she happened to be a local glamorous Muslim face. BJP not only didn’t shirk in inducting her but also made her a front line canvasser. Thereby, in many ways announcing ‘isms’ don’t matter anymore. What shockingly matters is the ‘wining of elections’ says a desperate Amit Shah- BJP Head.

TALENT POACHING IN POLITICS

The complexity of present day politics, demands talent of poaching which is more of a lift-off from the ever old corporate inc. Where domain experts are hired laterally to serve certain specialized skill-sets. But there also, in spite of intense competition, corporate professionals don’t forget the salt of the previous company. Unlike poached politicians who spew venom at their previous mentors, and that reminds me of Shazia Ilmi and her tirade against Arvind Kejriwal. That was bereft of any moral standards, and also Kiran Bedi’s out of turn and unwarranted comments about Kejriwal. So does this exhibit the final nailing of ‘isms’in the coffin?

MUFFLER TAKES ON THE TEN LAKH NAME EMBLAZONED SUIT

Some political parties are moving at a pace at which the Indian voter is not moving, and that may take them, to a disconnect with the voters; and there lies the caution.

For make no mistake, at the fall of many ‘isms’ rises the ‘ist’ the ‘anarchist.’ Whose muffler takes on the ten lakh name emblazoned suit. So are ‘isms’ converting into ‘ists’ is what we have to wait and watch?

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#RSS CAN HELP #INDIA EVEN BETTER; THROUGH ITS #SHAKHAS

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By Kamlesh Tripathi

MISSION:

The prime mission of (RSS) Rashtriya Swayamsevak Sangh or National Volunteer Organization” or National Patriotic Organization is to revitalise Indian value system based on universalism, peace and prosperity to all under the divinity of Vasudhaiva Kutumbakam. Holding a world view that the world is just one big family, so propounded by ancient thinkers and carried forward by many others of present day and age. But some contemporary leaders also link it to be the Hindu renaissance. But before getting into this never ending debate let us more objectively and tangibly see how RSS can help the poor Indian work force out of the current quagmire. In fact it would not be out of context to highlight certain issues where RSS can contribute immensely in the present scenario of India.

STRONG BASE:

RSS is an organization that works through its ‘Shahkhas.’ (Shakha-Hindi for “branch”) Most of the organisational work of the RSS is done through the coordination of these shakhas or branches. These shakhas are run for an hour a day in many public places. In 2004 as many as 60,000 shakhas were there throughout India. But the number of these Shakhas had fallen by over 10,000 since the fall of BJP led government in 2004 but has again swelled to 40,000 in 2014 after BJPs returned to power in Delhi.

SHAKHA ACTIVITIES:

These shakhas regularly conduct activities for its volunteers that include; physical fitness, yoga; exercises and also games. It also performs diverse activities emphasizing civic sense, social service, community living and patriotism. And, in the very recent, our Prime Minister has flagged of two important issues out of their kitty. He has spoken about the importance of Yoga in the US and has also launched the Swacch Bharat Abhiyan’ carving out from of the ‘civic sense’ of RSS.

RSS volunteers are also trained in first aid and in rescue and rehabilitation works. And, last but not the least physical fitness and security drills. Where, they are regular performers and also teach the art of self defense on a regular basis. An art much required in present times.

WHAT MORE IT CAN DO

But that apart, there is something more RSS can do very effectively. What comes to my mind is a comprehensive physical training for our poor work force in the rural and urban areas. Since the physicality of a human body is well understood by RSS volunteers, having been in the business of physical fitness for so long, so who else would know this trait better than them. In fact, I would rate RSS as one of the premier organisations for doing this job, clubbed with skill building and providing work-aids or designing new ones to make the jobs of our poor brethren more humane. So, in a more detailed manner RSS can thus delve in the following issues:

  • Train labourers how to carry maximum load on their back without damaging the backbone, muscles or even their skull.
  • What precautions to take, while working in open fields, as human body is subjected to nagging and devastating pollution all over. Here I would also like to mention about the traffic police that works endlessly on polluted roads, and also the factory labour.
  • RSS is also a knowledge reservoir and can help in the development of small implements that can help poor labourers to exert less, at the same time not bring down their output. Something, like a wheel barrow.
  • Develop Small working aids that can help women in giving equal output as men. One can take the cue from MNREGA where women are paid less basis their output.
  • And if pregnant women have to work what precautions they need to take, and what are the safer jobs which they can perform.
  • Security drills for our hapless working community, especially working ladies.
  • They can even hasten the project of 100% literacy. Which is currently at a level of 75%.

On a more realistic note the girth of this mammoth exercise is going to be stupendous and will touch the heart and mind of every Indian irrespective of caste, creed and religion. For it will be for the Indians in the bottom of the pyramid. Quite, appropriately, for the needy and therefore sterling, noble and even centre of right and left. Surely RSS can make an alternate beginning and see its tinge brighten even further.