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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 A presidential order has withdrawn the 1954 order applying provisions of the Constitution to Jammu and Kashmir with modifications.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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Amit Shah says congress won’t return to power for 30 years

Union Home Minister Amit Shah took a swipe at Rahul Gandhi over the Opposition’s vote theft allegations, asserting that the Congress would not return to power for the next 30 years.

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Union Home Minister Amit Shah on Thursday launched a fresh attack on Congress leader Rahul Gandhi, questioning the Opposition’s allegations of vote theft and asserting that the Congress would not return to power for the next 30 years.

Addressing an event in New Delhi, Shah criticised Gandhi over his absence from the country and challenged the Congress’s objections to the Election Commission of India (ECI), arguing that the party accepted the electoral process when it won elections but questioned it after defeats.

The remarks came during an event related to projects for the rejuvenation of the Yamuna, where Shah also targeted the Congress and the Aam Aadmi Party (AAP) over their political record in Delhi.

Amit Shah’s warning to Rahul Gandhi

Taking a dig at Gandhi over his reported foreign visit, Shah said the Congress leader would have to remember his words when he returned to Delhi.

The Home Minister argued that the Congress’s political setbacks had begun long before Narendra Modi became Prime Minister and said the party could not attribute its electoral losses solely to allegations of irregularities in elections.

Shah also defended his confidence in the BJP’s electoral prospects, contrasting his prediction of the party remaining in power with the Congress’s prospects under its current political approach.

He asserted that the Congress would not get another opportunity to form a government for the next 30 years. The statement was a political prediction made by Shah, rather than an established electoral outcome.

Shah questions Congress over vote theft allegations

Shah accused the Congress and other Opposition parties of adopting inconsistent positions on the Election Commission, depending on whether election results favoured them.

Citing electoral victories in states including Kerala, Telangana and Himachal Pradesh, he argued that the Congress and its allies had accepted the electoral process when they won.

He questioned why the same institutions and electoral arrangements became subjects of criticism when the Opposition lost elections.

Shah also targeted the Opposition’s protests against alleged electoral irregularities and the Special Intensive Revision (SIR) of electoral rolls. He alleged that the Congress was using vote theft claims to protect the votes of infiltrators.

These were allegations made by the Home Minister and should be understood as his political assertions, not as independently established findings.

Amit Shah targets Opposition’s protest strategy

The Home Minister also criticised the Opposition’s demonstrations in Delhi, arguing that protests could not overturn the public mandate.

He said political parties seeking electoral victories should engage with people and address their concerns rather than rely on demonstrations and allegations against constitutional institutions.

Shah further accused the Opposition of applying different standards to court decisions, suggesting that it welcomed judgments in its favour while questioning those that went against it.

His remarks came amid continuing political disagreements over the electoral process and the Opposition’s criticism of the Election Commission.

Yamuna projects and attack on AAP

During the same event, Shah inaugurated and laid the foundation stones for 43 Delhi Jal Board projects worth Rs. 8,941 crore, aimed at improving wastewater treatment, drinking water infrastructure and the rejuvenation of the Yamuna.

He criticised previous governments in Delhi over the river’s pollution and accused the Congress and AAP of failing to address the problem adequately.

Shah also targeted AAP national convenor Arvind Kejriwal, arguing that political parties should be judged by their performance rather than their explanations for failing to deliver results.

He said the BJP would work towards cleaning the Yamuna and improving water and sewerage infrastructure in the national capital.

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Amit Shah says Naxalism is over, vows to end Punjab drug trade by 2029

Amit Shah said the Centre would work to eliminate Punjab’s drug trade by December 31, 2029. He also called for CBI investigations into two additional cases involving people whose deaths were linked to the fight against drugs.

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Amit Shah

Union Home Minister Amit Shah has reiterated the Centre’s commitment to eliminating the drug trade in Punjab by December 31, 2029, drawing a parallel with the government’s claim that it has ended Naxalism.

Speaking at a Vijayadashami event in Ludhiana on Tuesday, Shah said the fight against narcotics would continue until the drug trade was eliminated. He also called on the Punjab government to transfer two additional cases involving people who had opposed the drug menace to the Central Bureau of Investigation (CBI).

Shah’s remarks came during his visit to Punjab, where he met families affected by deaths linked to the state’s drug problem.

Amit Shah sets 2029 deadline for drug-free Punjab

Addressing the gathering in Ludhiana, Shah said the government had fulfilled several of its commitments, citing the removal of Article 370 and Article 35A, progress against terrorism and the end of Naxalism.

He said the next priority was to eliminate the drug trade.

Shah reiterated his resolve to eliminate Punjab’s drug trade by December 31, 2029, describing the commitment as a tribute to three people whose families he met during his visit.

The Home Minister urged people to share information about the drug trade through the Narcotics Control Bureau’s toll-free helpline, assuring them that the Modi government would take action on the information received.

Shah seeks CBI probes into two more cases

During his Punjab visit, Shah met the families of Bikramjit Singh in Gurdaspur, Gulzar Singh in Sangrur and Parwinder Singh Jhota in Mansa.

Shah met the families and assured them that action would be taken in the cases.

Shah referred to the case involving Parwinder Singh Jhota in Mansa, which had been transferred to the CBI. He urged Chief Minister Bhagwant Mann to transfer the two other cases, associated with Sangrur and Gurdaspur, to the central agency as well.

The Home Minister said the investigations should establish accountability, adding that influential people involved in the cases would not be spared.

Shah criticises Punjab government over drug menace

Shah accused the Aam Aadmi Party-led government in Punjab of failing to control the drug trade. He also criticised the state administration over the treatment of people who had raised concerns about narcotics.

Referring to the spread of ‘chitta’, a term commonly used for heroin in Punjab, Shah said the drug trade had reached villages across the state.

He argued that people speaking out against the menace were facing serious consequences, including death and suicide, and called for stronger action against those responsible.

The Punjab government and the individuals referred to in the allegations should be given an opportunity to respond to specific accusations.

Shah maintained that the Centre would use its available resources to pursue the cases and work towards ending the drug trade in Punjab by the end of 2029.

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Sanjay Raut clarifies Albania Remark after BJP accuses him of threatening SC

Shiv Sena (UBT) MP Sanjay Raut faced criticism from BJP leaders over his post referring to the reported burning of Albania’s Supreme Court. Raut later said he has faith in India’s Supreme Court and urged the institution to take note of the situation.

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Shiv Sena (UBT) MP Sanjay Raut has come under fire from BJP leaders over a social media post referring to the reported burning of Albania’s Supreme Court. His remarks, in which he suggested that countries should learn from the unrest in Albania, particularly India, triggered accusations that he was encouraging disorder and threatening constitutional institutions.

The BJP criticised Raut’s comments and demanded an apology. The controversy prompted the Rajya Sabha MP to clarify his position, asserting that he has faith in India’s Supreme Court and believes the judiciary can play a crucial role in safeguarding the country.

What Sanjay Raut said about Albania

In a post on X on October 19, Raut referred to reports of the Supreme Court building in Albania being set on fire during protests. He claimed that people were angry because the court was helping a prime minister facing corruption allegations.

Raut also referred to attacks on Albania’s parliament, government offices and ministers’ residences. He said countries should draw lessons from these developments, specifically referring to India.

His remarks drew criticism from BJP leaders, who interpreted the post as an inappropriate comparison between the unrest in Albania and India’s political and judicial institutions.

BJP leaders demand an apology

BJP spokesperson CR Kesavan strongly criticised Raut’s language, describing it as indefensible and accusing him of making remarks that threatened India’s constitutional institutions.

Kesavan compared the Shiv Sena (UBT) leader to Mir Jafar, accusing him of using language that undermined the country’s institutions and democratic mandate.

BJP leader Kirit Somaiya also attacked Raut, alleging that his remarks reflected support for anarchy and that he was targeting constitutional institutions.

Somaiya said the public would not accept attempts to encourage disorder in the country. He also referred to a contempt petition involving Raut in the Supreme Court and said the matter would be addressed there.

The BJP further demanded an apology from Raut, questioning the message conveyed by his reference to the burning of Albania’s Supreme Court.

Sanjay Raut clarifies his position

Responding to the criticism, Raut said his remarks were intended as a warning about the possibility of growing disorder if the current government remained in power.

He urged the Supreme Court to take note of the situation and maintained that he had faith in the institution.

Raut said the Supreme Court was the institution capable of saving the nation and argued that the situation could lead to chaos if concerns were not addressed.

His clarification came amid the political row over whether his reference to the unrest in Albania amounted to an endorsement of violent protests in India.

Congress leader Udit Raj backs Raut’s remarks

Congress leader Udit Raj expressed support for Raut’s position and raised questions about bail decisions in prominent cases.

Referring to Umar Khalid, Raj questioned why bail had been denied to him while other individuals had received bail. He argued that courts should provide reasoned orders explaining such decisions.

His comments added a judicial dimension to the political debate surrounding Raut’s remarks.

Shiv Sena leader rejects the prospect of violence

Shiv Sena leader Anand Dubey also responded to the controversy, rejecting any suggestion that India should experience violence, arson or widespread disorder similar to incidents reported in other countries.

Invoking the occasion of Vijayadashami, Dubey said that righteousness, justice and truth ultimately prevailed over their opposites.

He asserted that India would not descend into conditions involving violence and destruction, referring to unrest in countries including Albania, France, Pakistan, Sri Lanka, Bangladesh and Nepal.

The remarks highlighted the political disagreement over how unrest abroad should be interpreted in the Indian context.

The controversy has centred on Raut’s reference to Albania’s unrest, the BJP’s accusations and the Shiv Sena (UBT) MP’s subsequent clarification that he continues to have faith in the Supreme Court.

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