The Centre has no power to declare financial emergency under Article 360 in the state. But the plan backfired, and it isolated Devendra Kashmiri even more. Addition or deletion of an Article amounted to an amendment to the Constitution which could be done only by Parliament as per procedure laid down in Article 368. We have to make them understand that we also want that Jammu and Kashmir should fully integrate with India emotionally, technically. Remove article 370 ,what this article have done for Jammu and Kashmir ,nothing more than poverty,all youngsters go to other parts of India ,looking for jobs and opportunities,let other Indians to come and live in Jammu and Kashmir ,let them invest in this part of India ,we people of jammu need development. I wish Nehru was alive to see the mess he has put us in. Maharaja Hari Singh signed the exact form of Instrument of Accession that was signed by 560 other monarchs.
Indian politicians are feared they cant think about aggressive thinking, aggressive countries are always progress and developed. Ambedkar, the architect of the Indian Constitution, refused to draft Article 370. The Sardar had to plead that because of the international complications, a provisional approach alone could be made leaving the question of final relationship to be worked out according to the exigencies of the situation and mutual feelings and confidence that would have been by then created. ? In his statement to the on the Delhi agreement, Nehru has said: The question of citizenship arose obviously. Any premature action on this front may be a needless misadventure. Therefore, it is, allegedly, ultra vires the basic structure of the Constitution since it violates the Constitutional procedures established by law.
We want to see Kashmir as a terrorist free city. Even Pakistan wants India to abrogate Article 370 Removing article 35A can be removed without any hassle and it is very much fruitful. Domicile-based reservation in admissions and even jobs is followed in a number of states, including under Article 371D for undivided Andhra Pradesh. While a citizen of India has only Indian citizenship, the citizens of Jammu and Kashmir have two citizens. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state. Mountbatten signed the instrument on 27 October 1947. It took time for India to build road linking Assam to the mainland.
An educative and informative article, very well composed. In such a situation even Maulana Azad was shouted down. As the Article 35A was added to the Constitution by the executive head without any discussion in the , questions have been raised about the manner of its enactment. He ruined this country and still no body is coming to tell this openly against the contry. Article 370 should be abolished. As such Kashmir is just an Indian state like other states. Today they are demanding for independent Kashmir.
Archived from on 5 August 2018. Its unfortunate that loyal and Men of honor like Sardar Patel are forgotten for their incomparable contributions. When the President of India does not have legislative powers, he performed the function of Parliament. The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. I believe the new council is right? Regardless of the possible push back from the Pakistani sympathizers in the Valley, the Indian government must move forward.
The result today is a time-bomb ticking away which can reverberate devastatingly through the rest of India if ignited. State assembly cannot be dissolved by the President of India under article 356 like other states. मगर कश्मीर का मामला नेहरु ने अपने हाथ में ले लिया और पटेल को इससे अलग रखा. The laws are located in time and space. The fact the his useless descendants, Indira, Sanjay, Rajiv and wife Sonia , Rahul and Priyanka have been disastrous for our nation. In retrospect, it is hard to imagine any rationale or justification for taking a part of India and assigning, in perpetuity, means for undoing the unity of the nation. Article 370 has facilitated an anti-Indian governance in the state where each political party shouts out political, religious and ethnic separation from India, louder than the next one.
The Indian government seems to be powerless, continues to pump enormous doles from the exchequer to keep the state afloat and has nothing to show for all the investments. Following modification and negotiations, Article 306A now 370 was passed in the Constituent Assembly on May 27, 1949. The Union government, in a written reply in Parliament last year, said there is no proposal to remove Article 370. Article 370 has facilitated an anti-Indian governance in the state where each political party shouts separation from India, louder than the next one. Let us get it clear. After that Raja Hari Singh sought to include Jammu and Kashmir in India so that Jammu and Kashmir could be saved from the invasion of Pakistan and to protect the lives of the people there.
The Really Important Question is that Can the Indian State provide Security to Non Muslims from Other Indian States if Article 370 is abolished and if some Non Muslims wish to settle in Kashmir. Even today the Brooks-Henderson report is kept under wraps. We cannot compel our president to exercise a power which does not rest in him. It is disingenuous on part of Omar Abdullah to turn his back on India on the matter of abrogation of Article 370. The Jammu and Kashmir state legislature can alter the definition of permanent residents or modify the privileges applicable to them through a law passed with two-thirds majority. Keywords: , , , , , ,. Kashmir state laws preventing ownership of property by people from outside the state have essentially guaranteed the economic development near zero.
Is that a correct fact. Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. My best wishes to you! This has not happened in sixty years. There no question of its getting eroded , in constitution itself it is laid as temporary with provision for repeal how is a different question 4. The article has thrown light on many aspects of Art.
Finally Nehru had to eat the humble pie by arresting Sheikh Abdullah for sedition on 9 Aug 1953. Obviously, without Sialkot in Indian hands the Maharaja was left in lurches. Being citizens of India they are not stateless persons, but being non-permanent residents of Jammu and Kashmir, they cannot enjoy the basic rights and privileges as being enjoyed by permanent residents of Jammu and Kashmir. As Such Article 370 of Indian Constitution should be abrogated, ammended, reduced or relinquished or nullified. Dramatis Personal Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom movement.