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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 A presidential order has withdrawn the 1954 order applying provisions of the Constitution to Jammu and Kashmir with modifications.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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Yogi Adityanath says Congress insulting Ambedkar since Nehru days

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday hit out at the Congress, accusing it of disrespecting B.R. Ambedkar, the principal architect of the Indian Constitution, both during his life and after his death.

During a press conference held at his official residence at 5 Kalidas Marg, he also claimed that Jawaharlal Nehru, India’s first Prime Minister, opposed Ambedkar’s inclusion in the Constitution Drafting Committee.

Adityanath’s comments came in the wake of a controversy sparked by Union Home Minister Amit Shah’s remarks about Ambedkar in the Rajya Sabha last week. Surrounded by ministers Swatantra Dev Singh and Asim Arun, the Chief Minister emphasised that the purpose of the press conference was to reveal what he called the unethical and unconstitutional actions of Congress and other opposition parties against Ambedkar.

“Dr. B.R. Ambedkar played a pivotal role in India’s freedom struggle, the formulation of the Constitution, and the foundational years of an independent India. Despite facing numerous societal challenges, he achieved the highest accolades in law, finance, and economics. His contributions to the nation are unmatched, and he is deeply revered by every Indian,” Adityanath stated.

He contrasted the Bharatiya Janata Party’s (BJP) respect for Ambedkar with the Congress party’s history of disrespect. Adityanath highlighted the BJP’s initiatives to honor Ambedkar’s legacy, including memorials in significant locations like Mhow, Nagpur, Mumbai, and London, where Ambedkar pursued his studies.

“Under BJP leadership, from Atal Bihari Vajpayee’s time to Prime Minister Narendra Modi’s tenure, we have made every effort to uphold Ambedkar’s ideals. In stark contrast, the Congress has consistently insulted him and minimised his contributions,” he asserted.

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

He also recalled an incident during the UPA regime when a textbook depicted a derogatory cartoon of Ambedkar being prodded by Nehru, which was withdrawn only after widespread protests, leading to an apology from then HRD Minister Kapil Sibal.

The Chief Minister claimed that the Congress worked to defeat Ambedkar in elections, including the 1952 general elections for the Mumbai North constituency and the 1954 by-elections.

He alleged that even Nehru campaigned against Ambedkar to ensure his loss, asserting that the Congress consistently aimed to silence the voices of Dalits and marginalized communities.

Adityanath also criticised the Congress for not granting national honors to Ambedkar during his lifetime, stating, “It was only when a government supported by the BJP came to power that Ambedkar was finally awarded the Bharat Ratna.”

He further emphasised the BJP’s commitment to realizing Ambedkar’s vision through programs aimed at benefiting Dalits and marginalized groups, reiterating the party’s dedication to preserving Ambedkar’s legacy while accusing the Congress of ongoing disrespect and divisive politics.

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Government set to table One Nation, One Election bill in Lok Sabha on December 16

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Parliament Winter Session: Lok Sabha speaker warns opposition, No-Confidence motion against Rajya Sabha Chairman

The stage is set for a major legislative push by the central government as two bills related to the ambitious “One Nation, One Election” initiative are scheduled for introduction in the Lok Sabha on Monday, December 16.

Union Law Minister Arjun Ram Meghwal is expected to present The Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, marking a significant step towards implementing simultaneous Lok Sabha and state legislative assembly elections.

On Thursday, the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to the constitutional amendment bill that seeks to align elections for the Lok Sabha and state assemblies. This decision underscores the ruling Bharatiya Janata Party’s commitment to its long-standing agenda of electoral synchronization, aimed at reducing the frequency of polls and associated costs.

The Cabinet also approved a supplementary bill to amend specific provisions related to three Union territories with legislative assemblies—Delhi, Puducherry, and Jammu & Kashmir. This aligns their governance framework with the overarching constitutional amendments proposed under the “One Nation, One Election” initiative.

The constitutional amendment bill aims to streamline the electoral calendar by establishing a legal framework for conducting Lok Sabha and state assembly elections simultaneously. However, the government has, for now, opted to exclude local body polls, such as those for municipalities and panchayats, from this framework. A high-level committee chaired by former President Ram Nath Kovind had earlier suggested a phased approach to include local elections in the future.

The concept of “One Nation, One Election” has been a focal point in political discourse, with proponents arguing it will enhance governance by reducing electoral disruptions and fostering policy stability. Critics, however, have raised concerns about the logistical and constitutional challenges of synchronizing diverse electoral cycles across India’s federal structure.

This legislative development will undoubtedly dominate parliamentary discussions as political parties prepare to deliberate on the feasibility and implications of reshaping India’s electoral landscape.

The introduction of these bills is expected to spark robust debate, with the government emphasizing the potential benefits of reduced administrative burdens and streamlined governance, while opposition parties scrutinize its impact on India’s democratic fabric.

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Latest Politics News

At Congress meet, Kharge blames internal bickering, statements against own party leaders for election losses

Kharge noted that the atmosphere was in the Congress’ favour during the elections but pointed out that just the atmosphere being in its favour does not guarantee victory.

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Congress president Mallikarjun Kharge on Friday asserted that the internal bickering in the party and statements against own party leaders were among the reasons for the loss of the grand old party in the recently concluded Assembly elections in Maharashtra and Haryana.

Noting that statements against own party leaders harm the party a lot, Kharge said that tough decisions will have to be taken, accountability be fixed and shortcomings removed by learning lessons from the election results.

In his address during the Congress Working Committee meeting at the AICC headquarters, Kharge highlighted the EVMs issue and said that the EVMs have made the electoral process suspect, stressing it is the constitutional responsibility of the Election Commission to ensure free and fair elections in the country.

“Unless we fight elections unitedly and stop making statements against each other, how will we be able to defeat our opponents politically?” the Congress president said.

“Therefore, it is important that we strictly follow discipline. We have to remain united under all circumstances. The party also has the weapon of disciplining. But we do not want to put our comrades in any bondage,” he said.

“Therefore, everyone needs to think that a victory of the Congress party is our victory and a defeat is our defeat. Our strength lies in the strength of the party,” the Congress president said.

He also noted that the Congress made a comeback with new enthusiasm riding on its performance in the Lok Sabha polls and said the election results of three states were not as per the party’s expectations.

“INDIA parties formed the government in 2 out of 4 states. But our performance was below expectation. This is a challenge for us in terms of the future,” he said.

“We need to immediately learn from the election results and correct all our weaknesses and shortcomings at the organisational level. These results are a message for us,” he said.

Kharge noted that the atmosphere was in the Congress’ favour during the elections but pointed out that just the atmosphere being in its favour does not guarantee victory.

“We will have to learn to convert the atmosphere into results. What is the reason that we are not able to take advantage of the atmosphere?” he said.

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