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J&K: NC moves Supreme Court against Centre’s order revoking Kashmir’s special status

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25 foreign envoys visit Jammu and Kashmir, Army officials brief envoys on security situation

[vc_row][vc_column][vc_column_text]A day after President Ram Nath Kovind signed the Jammu and Kashmir Reorganisation Bill, 2019, making it into law, the National Conference today (Saturday, Aug 10) went to the Supreme Court against the government’s move to scrap Jammu and Kashmir’s special status and divide the state into two union territories.

The Presidential Order on Article 370 had revoked Jammu and Kashmir’s special status earlier this week, on Aug 5.

The petition was filed by NC leaders Mohammad Akbar Lone and Hasnain Masoodi who sought a direction from the apex court to declare the Presidential Order relating to Article 370 as “unconstitutional, void and inoperative” in Jammu and Kashmir.

The NC also sought to declare the Jammu and Kashmir Reorganisation Act, 2019 as “unconstitutional”.The reorganisation law provides for the formation of the Union Territory of Ladakh without legislature and a separate one for Jammu and Kashmir with the legislature.Jammu and Kashmir, and Ladakh will come into existence as separate Union Territories on October 31, Sardar Patel’s birth anniversary.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1565429869441{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #c4c4c4 !important;border-radius: 10px !important;}”]Under Jammu and Kashmir Reorganisation Act, 2019,for both the Union Territories carved out of Jammu and Kashmir state, key subjects such as law and order will be with the Centre.

The UT of Jammu and Kashmir will have a Lieutenant Governor and the maximum strength of its assembly will be of 107 which will be enhanced to 114 after a delimitation exercise. Twenty-four seats of the Assembly will continue to remain vacant as they fall under Pakistan-occupied Kashmir (PoK).

The current effective strength of the Jammu and Kashmir Assembly is 87, including four seats falling in Ladakh region, which will now be a separate UT without a legislature. The UT of Ladakh will have Kargil and Leh districts. The Act said Jammu and Kashmir UT will have reservation in the assembly seats.

The Lieutenant Governor of the successor UT of J-K may nominate two members to the Legislative Assembly to give representation to women if in his opinion, women are “not adequately” represented in the Legislative Assembly.

The Lok Sabha will have five seats from the UT of J-K, while from Ladakh the Lower House of Parliament will have one seat.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The NC has contended that the special status has been given to Jammu and Kashmir under the Constitution and the Presidential order to scrap them is constitutionally invalid, since the consent of the assembly of Jammu and Kashmir has not been taken.

The rationale given by the government was that since the state was under President’s rule, the powers of the assembly of Jammu and Kashmir devolved upon Parliament, empowering it to speak for the state.

The government has used a provision under the Article 370 that empowers the President to declare the special status inoperative anytime. The Section 3 of the Article 370 states: “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify”.

The NC petition has challenged this arguing that since the President was acting on the advice of the Union Cabinet, this move amounted to the “same constitutional functionary taking its own consent, to effect a fundamental structural change without consultation or concurrence of the persons affected by that change, or their elected representatives”.

This, the petition said, was arbitrary and contrary to the rule of law.

The petition further said the Jammu and Kashmir (Reorganisation) Act, 2019 – under which the state was divided into two union territories, is “constitutionally invalid”.

The Constitution does not permit parliament to retrogressively downgrade statehood into a less representative form such as a union territory, the petition said.

Today’s petition said the government decision “amounts to an overnight abrogation of the democratic rights and freedoms guaranteed to the people of the State of Jammu and Kashmir upon its accession”.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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