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Article 370 scrapped, state bifurcated in two UTs: J&K with Assembly, Ladakh without

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Amit Shah

[vc_row][vc_column][vc_column_text]The unprecedented troops build up and clampdown in Jammu and Kashmir over the last few days came to a dramatic denouement today, Monday, August 5, with Narendra Modi government scrapping Article 370 of the Constitution that gave the state a special status.

The move, that evoked sharp reactions from many as well as fulsome praise from others, also proposed bifurcation of the state into two union territories, Jammu and Kashmir and Ladakh. While J&K would have a Legislative Assembly like Delhi and Puducherry, Ladakh would not have an Assembly – like Chandigarh, Andaman & Nicobar, Daman & Diu, Dadra & Nagar Haveli and Lakshadweep.

This has been on the agenda of BJP and Sangh parivar right from the start, from the time Article 370 was drafted in 1947.

Today, Home Minister Amit Shah has moved a resolution seeking to introduce a Bill revoking provisions of Article 370.

Before this announcement, PM Narendra Modi called up NDA allies. A presidential order has withdrawn the 1954 order applying provisions of the Constitution to Jammu and Kashmir with modifications. A gazette notification to the effect was issued.

Shah said that President Ram Nath Kovind had signed an order that would come into force “at once”.

“The president on the recommendation of Parliament is pleased to declare as from 5th of August 2019, all clauses of the said Article 370 shall cease to be operative… ,” stated the resolution moved by the Home minister.

The announcement came after Prime Minister Narendra Modi held a meeting of his cabinet at his house this morning.

In addition, Home Minister Amit Shah also introduced a Bill bifurcating the State of Jammu of Kashmir into Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.

Jammu and Kashmir will also be “reorganised,” said the Home Minister, with the state’s bifurcation into two union territories, Jammu and Kashmir and Ladakh, the former with a legislature and the latter without one.

Also Read: Union Home Ministry asks states to put security forces on high alert

The Jammu and Kashmir Reorganisation Bill, which is expected to be passed in Rajya Sabha today, will be brought to Lok Sabha tomorrow.

BSP, BJD, YSRCP, Shiv Sena, AAP have extended support to the government’s move while Congress, TMC, DMK, MDMK and JD(U) have opposed the Bill till now.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1565004127423{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: #b5b5b5 !important;border-radius: 10px !important;}”]

Article 370

Clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article 370 was designed to protect those rights.

According to the constitutional scholar AG Noorani, the Article 370 records a ‘solemn compact’. Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article.

Article 370 embodied six special provisions for Jammu and Kashmir:

It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.

Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.

Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.

The ‘concurrence’ was only provisional. It had to be ratified by the State’s Constituent Assembly.

The State Government’s authority to give ‘concurrence’ lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.

The Article 370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly.

Once the State’s Constitutional Assembly convened on 31 October 1951, the State Government’s power to give `concurrence’ lapsed. After the Constituent Assembly dispersed on 17 November 1956, adopting a Constitution for the State, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished. Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till 1957, but that it was abandoned afterwards. In subsequent years, other provisions continued to be extended to the State with the ‘concurrence’ of the State Government.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Anticipating trouble, the centre has moved 8,000 paramilitary troops from different parts of the country to Kashmir, said reports.

The government’s step comes after a massive build-up of troops in the sensitive Kashmir Valley and a night where senior leaders including former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest.

Internet and phone lines have been forced out of service in parts of Jammu and Kashmir. Thousands of paramilitary troops have been sent to Kashmir after the government said it was cancelling the Amarnath Yatra, an annual pilgrimage, and asked tourists and outsiders to leave the state.

All educational institutions and offices are closed and groups have been banned from gathering in Kashmir and Jammu.

The announcement led to an uproar.

Former Attorney General Soli Sorabjee said it is not a wise decision taken by the Central government.

“I don’t think there is anything revolutionary here. It’s a political decision, even though it is not a wise decision,” Sorabjee told ANI.

Sorabjee also stated that it was “very unpleasant” to allegedly house arrest PDP chief Mehbooba Mufti and National Conference leader Omar Abdullah. “I think it’s very unnecessary. If not unnecessary, it is very unpleasant. It sent a wrong signal to the people of Kashmir. I don’t think it was so necessary to put them under the house arrest,” he said.

PDP chief and former Jammu and Kashmir chief minister Mehbooba Mufi said India had failed Kashmir in keeping its promises.

She said the government’s unilateral decision “to scrap Article 370″ is illegal and unconstitutional.

It will make India an occupational force in Jammu and Kashmir, Mehbooba said on Twitter.

“It will have catastrophic consequences for the subcontinent. GOIs intentions are clear. They want the territory of J&K by terrorising its people. India has failed Kashmir in keeping its promises,” Mehbooba, under house arrest in Srinagar, said on Twitter.

“Not sure how long I’ll be able to communicate. Is this the India we acceded to?” she asked.

National Conference leader Omar Abdullah echoed her outrage, also labelling the government’s move “unilateral”.

“Government of India (GOI)’s unilateral and shocking decisions today are a total betrayal of the trust that the people of Jammu & Kashmir had reposed in India when the state acceded to it in 1947. The decisions will have far-reaching and dangerous consequences. This is an aggression against people of the State as had been warned by an all-parties meeting in Srinagar yesterday,” he said.

The government, he said in a statement, had resorted to “deceit and stealth” to lay the ground for these disastrous decisions.

“Those of us who gave democratic voice to the people of Jammu & Kashmir, are incarcerated as lakhs of armed security personnel have been put on the ground… A long and tough battle lies ahead. We are ready for that,” he said.

In BJP and its allies, the mood was triumphant.

Senior BJP leader and former finance minister Arun Jaitley called it a monumental decision towards national integration.

His party colleague Ram Madhav also hailed the decision. “What a glorious day. Finally the martyrdom of thousands starting with Dr Shyam Prasad Mukherjee for complete integration of J&K into Indian Union is being honoured and the seven decade old demand of the entire nation being realised in front of our eyes; in our lifetime. Ever imagined?” he tweeted moments after Shah’s announcement.

Party spokesperson Shahnawaz Hussain said the move had opened the path of growth and development for Jammu and Kashmir.

Congress leader Ghulam Nabi Azad, calling it a dark day” in Indian democracy, said, “The BJP is drunk on power and the government acted like thieves in the night. Article 370 has been scrapped to help BJP get more votes. We had never thought that the state of Jammu and Kashmir would be destroyed this way.  BJP has wiped out Jammu and Kashmir’s identity and destroyed democracy. They’ve cut off head of the country. The party is playing with the integrity of the state.”

NCP leader Sharad Pawar told news agency ANI: “I think Govt of India should have taken them (leaders of the valley) into confidence which unfortunately the govt didn’t do. And then they should have taken the decision (to revoke 370).”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

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BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

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With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

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India News

Yogi Adityanath’s do namoone remark sparks Akhilesh Yadav’s jab on BJP infighting

Yogi Adityanath’s ‘do namoone’ comment in the UP Assembly has been countered by Akhilesh Yadav, who termed it a confession of BJP’s internal power struggle.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath’s recent “do namoone” comment in the state Assembly has triggered a sharp political exchange, with Samajwadi Party chief Akhilesh Yadav turning the remark into an attack on the Bharatiya Janata Party’s alleged internal discord.

The comment was made during a heated Assembly discussion on allegations of codeine cough syrup smuggling in Uttar Pradesh. Opposition members had accused the state government of inaction, claiming that timely steps could have saved the lives of several children. Rejecting the allegation outright, Adityanath said that no child in the state had died due to consumption of the cough syrup.

While responding to the opposition benches, the Chief Minister made an indirect jibe, saying there were “two namoone”, one in Delhi and one in Lucknow. Without naming anyone, he added that one of them leaves the country whenever there is a national debate, and suggested that a similar pattern applied to the Samajwadi Party leadership. The remark was widely interpreted as being aimed at Leader of Opposition Rahul Gandhi and Akhilesh Yadav, a former Uttar Pradesh chief minister and current Lok Sabha MP

Akhilesh Yadav calls remark a ‘confession’

Akhilesh Yadav responded swiftly on social media, calling Adityanath’s statement a “confession” that exposed an alleged power struggle within the BJP. He said that those holding constitutional posts should maintain decorum and accused the ruling party of bringing its internal disputes into the public domain. Yadav posted his response shortly after the Chief Minister shared a video clip of the Assembly remarks online.

The Samajwadi Party has, on several occasions, claimed that there is a tussle between the Uttar Pradesh government and the BJP’s central leadership. Party leaders have cited the appointment of deputy chief ministers and certain bureaucratic decisions as evidence of attempts to curtail the Chief Minister’s authority.

Adityanath has consistently dismissed these claims, maintaining that he holds the post because of the party’s trust in him. The latest exchange has once again brought the narrative of BJP infighting into political focus, even as both sides continue to trade barbs ahead of key electoral contests

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Sonia Gandhi calls weakening of MGNREGA a collective moral failure, targets Centre in op-ed

Sonia Gandhi has accused the Centre of weakening MGNREGA, calling it a collective moral failure with serious consequences for crores of working people.

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Sonia Gandhi

Congress Parliamentary Party chairperson Sonia Gandhi has sharply criticised the Central government over what she described as the steady dismantling of rights-based legislation, with a particular focus on the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

In a recent opinion article published in a leading English daily, Sonia Gandhi argued that MGNREGA was envisioned as more than a welfare measure. She said the rural employment scheme gave legal backing to the constitutional right to work and was rooted in Mahatma Gandhi’s idea of Sarvodaya, or welfare for all.

Calling its weakening a serious failure, she wrote that the decline of MGNREGA represents a “collective moral failure” that will have lasting financial and human consequences for crores of working people across India. She stressed that safeguarding such rights-based frameworks is crucial at a time when, according to her, multiple protections are under strain.

Concerns raised over education, environment and land laws

Sonia Gandhi also flagged concerns beyond rural employment. Referring to education policy, she claimed that the Right to Education has been undermined following the National Education Policy 2020, alleging that it has led to the closure of around one lakh primary schools across the country.

On environmental and land-related legislation, she stated that the Forest Rights Act, 2006, was weakened through the Forest (Conservation) Rules, 2022. According to her, these changes removed the role of the gram sabha in decisions related to the diversion of forest land.

She further alleged that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act has been significantly diluted, while adding that the National Green Tribunal has seen its authority reduced over the years.

Warning on agriculture and food security laws

Touching upon agriculture reforms, Sonia Gandhi referred to the now-repealed three farm laws, claiming they were an attempt to deny farmers the right to a minimum support price. She also cautioned that the National Food Security Act, 2013, could face similar threats in the future.

Reiterating her central argument, she urged unity to protect statutory rights, stating that the erosion of such laws has implications that extend well beyond policy, affecting livelihoods and dignity on the ground.

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