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Abrogation of Article 370

History Of Jammu And Kashmir

The princely state was created after the First Anglo-Sikh War, when the East India Company, which had annexed the Kashmir Valley, Jammu, Ladakh, and Gilgit-Baltistan from the Sikhs as war indemnity, then sold the region to the Raja of Jammu, Gulab Singh, for 7,500,000 (75 lakh Nanakshahee) rupees

The Instrument of Accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By executing this document under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede to the Dominion of India.

Jammu Kashmir Between 1947 To 2018:

  1. In 1947 17th october article 370 was incorporated in the constitution
  2. In 1950 article 1 describes Kashmir as Indian state but in article 370 is described as a temporary status.
  3. In 1954 14th may Dr Rajendra prasad prescribe a specific order that "The constitution application to Jammu and Kashmir" order 1954 that include article 35A.
  4. In 1956 7th November constitution of Jammu Kashmir was applicable and it declared that Jammu Kashmir as a integral part of India.
  5. In 1990 armed force act imposed in Jammu and Kashmir
  6. According to Jammu Kashmir constitution Article 92 describe that if state constitution machinery is not running properly then governor rules takes over from there.

December 2018 Governor rule and june 2019 President rule.

Why There Is A Need For Article 370A

In 1947 we have sign instrument of accession and said that we we will make a special provision for Jammu and Kashmir. But it also a temporary provision.

Removal Of 370:

In removal procedure for it is stated that whenever if president wants he can issue a public order or a public notification and can say that from today onwards article 370 is not applicable but before issuing that order he has to

take permission from the constituent assembly of Jammu and Kashmir.

So Why It Took So Much Time:
Because the constituent assembly which was discussed for the permission that assembly was already got dissolved in 1957 it was deadlocked that why it took so much time.

Temporary Provisions With Respect To The State Of Jammu And Kashmir:

Temporary provisions with respect to the State of Jammu and Kashmir:
  1. Notwithstanding anything in this Constitution,
    1. the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
    2. the power of Parliament to make laws for the said State shall be limited to:
      1. those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
      2. such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948;
         
    3. the provisions of Article 1 and of this article shall apply in relation to that State;
    4. such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph
      1. of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
  2. If the concurrence of the Government of the State referred to in paragraph
    (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon
     
  3. 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: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification.

Overview Of Article 35A

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define permanent residents of the state and provide special rights and privileges to them Non-permanent residents of the state, even if Indian citizens, were not entitled to these 'privileges'. president along with the state assembly will decide that which are the laws that will be applicable in Jammu and Kashmir.

How Can Anyone Have A Permanent Residence In Jammu And Kashmir:

It decided through article 35a and constitution of Jammu Kashmir it tells that people who are state subject of that state from 14 may 1954 for the people who are living there since 10 years or more or the people who had lawfully acquired an immovable property there if anyone fulfill this criteria then he or she become Jammu Kashmir resident before of removal of Article 370.

Article 35 Have Discriminatory View Like

This provision is very discriminating for womens this provision and constitution of Jammu Kashmir that if any Kashmiri women marry an outsider or a non Kashmiri then she will not able to use property rights of her any more in 2002 supreme court ruled that the property rights of Jammu Kashmir women will be as her but she will not able to transfer it to the kids.

In 5th August 2019 president Ram Nath kovind use his power that clause 1 of the article 370 "Constitution application to Jammu and Kashmir order 2019" that it will be replaced 1954 order.

370(1): The Constitution Application to Jammu and Kashmir

Article 367 basically interpretate article 370 and in 2019 presidential order clause 4 was inserted to article 367.

So Article 367(4)Stated That:

The article 367(4) states that the Indian Constitution will apply to the entire state of Jammu and Kashmir.

All references to the Sadar-i-Riyasat of Jammu and Kashmir in all official documents shall mean Governor.

All references which are made in regard to the Government of Jammu and Kashmir now stand for the Governor acting on the aid and advice of the Council of Ministers.

The reference to the Constituent Assembly of the State in Article 370(3) of the Constitution of India shall now mean the Legislative Assembly of the State as the Constituent Assembly was dissolved much earlier.

Why is Article 367(4) unique?
Article 367(4) will be a unique provision of the Indian Constitution when applied in context to the state of Jammu and Kashmir. It does not modify the Indian Constitution in any substantial way.

Second Resolution Jammu And Kashmir Reorganisation Bill:

Section 3:

A new union territory will be made which comprise the the region of ladakh ( kargil + Leh ) without legislature.

Section 4:

That a new union territory name jammu kashmir will be made , with legislature.


After V Revocation Of 370:
After V Revocation Of 370:

Complete Analysis After 1 Year Of Revocation
The good aspects:
  1. For the first time after seven decades, the Indian Constitution and all the 890 Central laws are fully applicable to J&K. This has meant the application of 170 more Central laws to J&K, including progressive laws such as the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1954, the Whistle Blowers Protection Act, 2014, the National Commission for Safai Karamcharis Act, 1993, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007, the National Commission for Minorities Act, and the Right of Children to Free and Compulsory Education Act, 2009.
     
  2. The follow-up after the constitution of the two Union Territories has been swift. Simple rules have been formulated for issuing domicile certificates this will create a much-needed level-playing field for all residents.
     
  3. The J&K government has also initiated a massive recruitment drive to fill up 10,000 vacancies in the local government; another drive to fill up 25,000 posts is in the pipeline. Also on the anvil are revised rules to enable the hitherto disadvantaged groups like Scheduled Tribes, OBCs and economically weaker sections to get employment
     
  4. Other measures which have ensured mainstreaming of the region are the enforcement of the Right to Information Act, 2005, direct supervision of the Central Vigilance Commission with regard to anti-corruption cases and the setting up of the 18th Bench of the Central Administrative Tribunal (CAT) for the UTs of J&K and Ladakh.
     
  5. New Delhi has given top priority to eliminate corruption in Kashmir. The anti-corruption bureau of India has unearthed several large-scale financial scams in the last year.
     
  6. The Jammu and Kashmir administration has made progress in the sphere of education. According to achievements listed by the Government of India. 50 new colleges are offering a total of 25,000 seats. Seven new medical colleges, five new nursing colleges and one state cancer institute has been set up in Kashmir.
     
  7. Recruitment of Kashmiri youths to the security forces and army has been opened up and over 5,000 candidates signed up for recruitment in the Indian Army. More than 50,000 vacancies are being created in government departments and undertakings.
     
  8. Benefits of pensions have been extended to 5532 widows while 172 families were allotted houses under the Prime Minister Awas Yojna. Government is opening 13 Kendriya Vidyalayas in remote areas of Kashmir. Roads are being repaired.
     
  9. It is believed that the terror network has been dealt a severe blow in the last few months, as its leadership has been taken out in operations.
    The domination of the hinterland by security forces has had a crippling effect on the terrorist tanzeems (organisations) and, resultantly, their ability to undertake terror incidents was degraded.
     
  10. Terrorist related incidents declined to 120 from 188 during this period. Between August and December 2019, as many as 25 terrorists were killed, bringing the total number for 2019 to 152. This year, until March end, the total number of terrorists killed was 32, but then came the jump that has taken the total up to 148.
     
  11. As many as 219 local residents had joined terror groups in 2018, while the number dropped to 119 in 2019.
     
  12. The first of these is the rehabilitation of the Kashmiri Pandits, who were hounded out of the Valley 30 years ago by militants.
     
  13. 4,000 of them have got jobs in the UT and many others are listed for employment.
     
  14. Also, over 20,000 refugees from West Pakistan, who were treated as aliens in their own country and denied all rights, have been given domicile rights and financial assistance of Rs 5.50 lakh per family.
     

The Bad Aspect
  1. How abrogation of special status has weakened the RTI regime of Jammu and Kashmir?
    Jammu and Kashmir Government had constituted a committee headed by Administrative Secretary General Administrative Department (GAD) which had to inspect whether J&K will come under the purview of Central Information Commission or it needs a separate Information Commission being a Union Territory now. They were also needed to find out whether the officers appointed as First Appellate Authorities (FAAs) and Public Information Officers (PIO) under the repealed J&K RTI Act 2009 would be reappointed as FAAs & CPIOs. According to media the committee have recommended applicability of Central RTI Act 2005 in J&K which means the aggrieved RTI appellants will have to file their appeals again before Central Information Commission, New Delhi and it is now going to take months and years for appeal or complaint disposal in Central Information Commission.
     
  2. Sudden Jump before the 370 Scrapping Anniversary. The Kashmir valley has seen a sudden jump in the number of encounters with terrorists, ahead of the first anniversary of the scrapping of Article 370 on 5 August. The number just goes to show that terrorism continues to be the main challenge in Jammu and Kashmir, just as it was before the special status of the state was scrapped.
     
  3. Official figures show that the terrorist strength in the Kashmir valley is now below 200.
     
  4. Two spells of lockdown: the first after Jammu and Kashmir was stripped of its statehood and its special constitutional status and the second related to COVID-19 have left the erstwhile State in disarray.

With the tourism industry crippled and 4G Internet still not restored, J&Ks economy has suffered. While terrorism considerably dipped, cross-border infiltrations have gone up and more locals are being recruited for terrorist activities.

Internet Speed
The Internet shutdown in the J&K U.T. between August 4, 2019 and March 4, 2020 was the longest in any democracy. Even after the shutdown ended, only 2G and broadband Internet were restored

Tourism Hit:
Tourism, which forms 8-10% of J&Ks GDP, was in a shambles after the August 5, 2019 lockdown. Less than 50,000 tourists visited the U.T. between August and December 2019.

State of joblessness
The CMIE data show that the unemployment rate (UR) breached the 20% mark in August 2019 after staying below the figure for 30 months.

Economy Shock:
In the 120 days after August 5, 2019, the 10 districts of the Kashmir Valley suffered a loss of ₹17,878.18 cr. according to the Kashmir Chamber of Commerce & Industry. Here is how the figure was arrived at;

Lockdown Impact:
Terrorism-related deaths hit a low in 2012 after continuously declining from 2001. However, terrorism returned to the Valley since, peaking in 2018

Fatalities Drop:
According to the South Asia Terrorism Portal (SATP), the lockdown and increase in Army presence led to a decrease in terrorism-related deaths. Yet the fatalities post-lockdown were higher compared to the low levels seen in 2012.

Local Threat:
Despite the decrease in terrorism-related deaths, the number of local recruits increased. In 2020, until March, 87.5% of the militants killed were locals according to SATP.

The local media in Jammu and Kashmir were one of the first services to take a hit, the Forums report noted. With all communication suspended and Section 144 imposed across the state, no newspapers were published for two months.

A recent report by the Forum for Human Rights in Jammu and Kashmir has stated that there were across-the-board violation of human rights and frequent closures, harassment at barricades and checkpoints, among various other restrictions of basic freedoms and access to legal aid.

The report noted that there had been an across-the-board violation of human rights, including the vitiation of protections such as habeas corpus, prevention of illegal detention and strict restrictions on arrest and detention of children.

Mass detentions of politicians and activists, including three former chief ministers and 144 minors were reported after 4 August. The youngest detained child is reportedly 9-years-old.

The authorities in Jammu and Kashmir have halted the investigation in tens of thousands of cases alleging human rights violation against the government and security forces before the region was converted into a Union Territory (UT) last year August.

The government had abolished the Jammu and Kashmir State Human Rights Commission (SHRC) on 5 August last year after the central government abrogated Article 370 in the region.

Personal Opinion
The central government had said many times one nation one constitution one flag so why this one nation one constitution 1 flag is not implemented in Nagaland so why the central government did not give any statement regarding this how can Central

government abrogate article 370 without discussion in Kashmir assembly because they have full majority so do we heading towards autocracy so why government did so why government did this for Kashmir and not for Nagaland because of political advantage or nationalism. In last one year basic human rights are destroyed in Jammu and Kashmir that access to internet is our fundamental right but since last one year it is totally band so how can a society leave without internet freedom of speech and expression totally scrapped so what will happen if people of Jammu and Kashmir did not able to give their statements regarding article 370. Constitution of the India provide equal protection of law to all the citizens but what we are seeing that if anyone arise question against government, government using NSA, UAPS

and sedition laws the living standards of the Kashmiri have gone down below but still we are celebrated abrogation of article 370 after one year former chief ministers of kashmirs are also detained under the Jammu Kashmir public safety act 1978 in last one year democracy is total destroyed in Jammu and Kashmir so one nation one flag one constitution why it is not for Nagaland? right to access to information is also our fundamental right but stii we are not getting information of jammu and kashmir.

A democratic government should not be allowed to run its administration in a dictatorial manner. The government is elected to serve the people, not to torture them or harass them by applying monstrous detention laws wrongly just to satisfy its ego. In a democracy, people are sovereign, not the government. No government is above criticism or public scrutiny. Criticism is a must to bring responsibility, transparency, and maturity in the administration. The DMs and the police officers should never forget: "In this land of Dr. B. R. Ambedkar, nobody is above the law.

The Law is the King of Kings.

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