Tag Archives: article 35a

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 Government’s move has not repealed 370; it has effectively made it defunct.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:

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

(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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INTERESTING FACTS & QUOTES-12

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Heavy metal (or simply metal) is a genre of rock music that developed in the late 1960s and early 1970s, largely in the United Kingdom with roots in blue rock, psychedelic rock, and acid rock. The bands that created heavy metal developed a thick, massive sound, characterized by highly amplified distortion, extended guitar solos, emphatic beats, and overall loudness. The genre’s lyrics and performance styles are sometimes associated with aggression and machismo.

Around 16 crore pilgrims are estimated to have taken a dip in Kumbh—a good four crore over state government’s estimate.

Article 35A prevents outsiders from acquiring any immovable property in J&K and also denies property rights to women married to people from outside the state of J&K.

In India buying rural land is one of the major ways to invest black money.

An ageing Mig-21 Bison taking on an F-16 fighter jet is like a Maruti 800 taking on a BMW. Wg Cdr Abhinandan Varthaman shot an F-16 with his Mig-21—a feat likely to go down in the history books.

Prime Minister Narendra Modi recently inaugurated the National War Memorial paying homage to nearly 26,000 military personnel who have laid down their lives for the country since independence.

Agriculture: Shanta Kumar committee report says, minimum support price (MSP) benefits only 6% of the farmers and that too just in wheat and paddy.

Netherlands is the world’s second-largest food exporter. It has many farming centers of excellence focused on exports. They use glasshouses, produce pesticides free fruit & vegetables. Use 90% less water and drones to track growth of crop.

Last week over one crore small farmers were pleasantly surprised to receive Rs 2000 in their bank accounts. This was the first of the three instalments under the Pradhan Mantri Kissan Samman Nidhi Scheme. 

It is a pity that even after 70 years of independence we don’t have accurate land records. Without which, direct benefit transfer to farmers account gets complicated. Most states do not have a central database of land records.

We all talk of war without realising that in the last 70 years or so, US lost 36,000 soldiers in the Korean War, 58,000 in Vietnam on just a population base of 175 million. Iranians lost anywhere up to 1,50,000 in their war with Iraq in the 1980s. China, lost 1,14,000 in the Korean war, and lost another estimated 26,000 in its brief punitive expedition to Vietnam. So think deeply before advocating for war.

In 2019 India observes the 100th year of Jallianwala-Bagh massacre that happened in 1919 during the British Raj.

According to 2011 Census Hindus are a minority in eight states Lakshdweep (2.5%), Mizoram (2.75%), Nagaland (8.85%), (Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%) and Punjab (38.40%). But the thing to be noticed is, it is only in J&K where Hindus have been persecuted the most under a Muslim dominated majority.

   The latest Annual Status of Education Report (ASER) reveals that barely 50% of children in class 5 and 73% in Class 8 can read a Class 2 text. Only 44% of class 8 children can do simple division.

China is the world’s largest producer of solar cells, aluminium and steel. On the other hand India has not produced a single global champion or become a global power in a single new field in the last decade.

China’s R&D spending is 2.1% of its GDP, less than the US, but higher than Europe’s average. Meanwhile India’s R&D spending has stagnated at around 0.65% of its GDP for the last two decades. It lacks not just money but even quality scientists for research.

LONDON: Queen Elizabeth II has given her royal approval to a law that will make it illegal in England and Wales to take ‘upskirting’ photos. The law will make it a criminal offense to take pictures under a person’s clothes without permission.

Voter’s don’t respond to economic statistics, they respond to their lived reality and that of people they know—whether they have jobs and their aspirations are being met (or otherwise).

This year … India’s 70th, in its existence as a republic, is also, the year, its economy is billed to overtake that of Britain in size and become the world’s 5th largest economy. 

Narendra Modi has ensured that more than 3 crore women get gas connections. And more than 6 crore toilets were constructed in India during his tenure.

By Kamlesh Tripathi

*

https://kamleshsujata.wordpress.com

*

Share it if you like it

*

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:

NAME OF ACCOUNT: SHRAVAN CHARITY MISSION

Account no: 680510110004635 (BANK OF INDIA)

IFSC code: BKID0006805

*

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)

*****