Article Diagnosis And Prognosis of The Special Status of J and K
with union of India are regulated by article of the Indian constitution which Dogra rulers until the execution of the instrument of accession () with classes of local residents of the state covering erstwhile classes I,II and III with no cooperative federalism in India and further, this body should meet once. MUST READ: 'Modi will never abrogate Article ' We are only surprised by its timing, but then it was a given that the PDP-BJP Unless the BJP and Congress do not reach any unanimity about the mechanism to. Article of the Constitution of India states that Parliament of India and Among notable differences with other states, till , the head of.
Unfortunately, there are certain issues that you inherit from your forefathers.
The Kashmir problem has been imposed upon the Kashmiris. When India and Pakistan became independent and a situation so emerged for Kashmir's division -- Pakistan did it by force and India did it by making it an inseparable and integral part of India, by making laws for the entry of the army into the state and the state into the Indian Union. Our forefathers had no idea of what a plebiscite is. Who taught us about plebiscite? India's first prime minister Jawaharlal Nehruji taught us about it.
My father didn't ask for it; my grandfather didn't ask for it. Nehruji told us that the people of Jammu and Kashmir will have the right to determine their own fate. Since then, this matter has only worsened. And now it has reached your education system, it has become a part of your culture.
The simultaneous rise of radicalisation and fundamentalism in Pakistan has now reached our homes. That is a fact we cannot run away from.
I am telling you honestly that people here are getting influenced by radicalisation; there is no doubt about it. Do you fear the law and order situation will worsen under governor's rule, that there will be more terrorist attacks?
Based on my information and inputs I can tell you that governor's rule will see a fall in terrorist attacks and stone pelting incidents. Those who foment trouble in the valley have been told to lie low till a new elected government takes shape in the state.
Whatever happened in the streets and the terrorist attacks were done with an eye to isolate the people of the state from the mainstream. The Hurriyat the all-parties Hurriyat Conference, a collection of separatist organisations and the separatists have a two-fold agenda: To take the people of Jammu and Kashmir into a desperate situation and not to allow democracy and democratic institutions to take root in the minds of the people and the state.
They will not work towards achieving these goals under governor's rule which they do when an elected government establishes itself in the state. Governor's rule works to their advantage as they can then tom-tom internationally that there is President's rule in the state, there is army rule in the state and this suppresses our democratic and fundamental rights. They will use governor's rule as a stick to beat India with in international fora.
They will also spin it, saying governor's rule is better than the one administered by elected representatives.
Article 35A: Why a 63-year-old law in Jammu and Kashmir has turned into a political flashpoint now
The Hurriyat has asked its cadres to go into hibernation and not indulge in any acts that will allow democracy and normalcy to return to the valley. They will create disturbances only after a new elected government is formed. Why should we criticise the BJP? The PDP is going to the people and telling them our government fell because we are your well-wishers and refused to take any action that would have hurt your interests or sentiments.
That is the reason the BJP withdrew from the coalition. We can't go and tell the people that we handled the law and order situation with an iron hand, but we always remained as the buffer between the people and the high-handedness of the security establishment.
I would only like to request the BJP to change their narrative for the national interest and desist from blaming us for their withdrawal.Indian Union Debate 2015 - Should Article 370 be abolished?
We should all introspect honestly about the situation and lift the state from the quagmire that it has got into. I can only say that they the BJP are only helping the PDP by making the people of the state realise that we stood for their welfare and betterment. The PDP always wanted minimal use of force. We are telling the people that our government could not complete its full tenure because we stood as a buffer between them and those who wanted to use force against them.
We must understand that on the road to achieve our goals as politicians we do reach a stage where separation is seen to be better than being together. Now that governor's rule is in place, what would be the PDP's strategy? Would you demand holding of assembly elections soon so that popular elected rule can be restored?
This is for the Government of India to decide as to when they want to hold the elections.
Jammu & Kashmir - Article - Know more
How long would they want to proceed with governor's rule? Let them decide if they want simultaneous Lok Sabha and state elections or if they want to test the waters first with panchayat elections and then go for assembly elections. I am not in a position to comment on the PDP's strategy at this time, but I am saying this in my personal capacity.
My party may have a different position on this issue. Is the PDP of the view that governor's rule suits the state better at this moment? How can the PDP say that? At any given time, democratic rule is better than governor's rule.
Article 35A: Why a year-old law in Jammu and Kashmir has turned into a political flashpoint now
Governor's rule has sent a direct message that the army will deal with the situation in the state now. The peace that sets itself upon under the shadow of terror and distrust exacts its own price.
How are the people on the ground reacting to governor's rule? The voting percentage in Jammu and Kashmir is always near or under 40 per cent. Of this 40 per cent, the winning party gets 18 per cent and the rest goes to the Opposition parties. They even burst firecrackers. They believe that they will form the next government. And if they form the next government, and if that also falls consequently, then the BJP and PDP will burst firecrackers.
This is the nature of our democracy: The elected government in a democracy always represents the minority. Even if you look at the BJP's national mandate, not more than 31 per cent people voted for it. This, they said, violated Article 14 of the Constitution, which guarantees equality before law and equal protection from the State.
The petitioners also point to the exception clause in Article 35A to push their case.
MUST READ: 'Modi will never abrogate Article 370'
They also asserted that a Constitutional amendment of this kind cannot be made through a Presidential order, and it was Parliament alone that had the powers to make such a provision. Yet the Supreme Court upheld its validity when it dealt with the question of whether the president had powers to pass Constitutional orders such as the one on Jammu and Kashmir in However, if such presidential orders are to be challenged, it could lead to a deeper unravelling. Senior advocate DA Rashid notes that if the presidential order of went, so would many others: The Constitutional link between the Union and the State will be snapped and the position of the State will be same as it was before constitutional arrangements were worked out.
In restive Kashmir, land has remained one of the main causes for tension with Delhi. In the s, as militancy erupted in the state, security camps came up across the Valley, on land that was occupied illegallyin some cases.
Then inas the government prepared to parcel off In Jammu, meanwhile, there were counter protests, demanding that the land be transferred. What started as an agitation on land soon turned into an anti-government uprising. By the time the unrest ended, with the government agreeing to give the shrine board only temporary control of the land during the 40 days of the Amarnath Yatra, at least 46 people had been killed.
Soon afterwards, rumours of Sainik Colonies for soldiers floated up. The government was also reported to be mulling separate settlements for Kashmiri Pandits who had been driven out of the Valley by the militancy of the s. As militancy gained ground again, the new local fighters in Kashmir warned of attacks against such colonies, should they come into being. As the coalition running the state government grows strained, the BJP speaks in different voices.
At the Centre, the party has remained largely silent on the issue in the past few weeks, letting its Jammu leaders do the talking.
Soon afterwards, Sethi struck a more placatory note. Besides, as the BJP militates against permanent residency laws in its push for national integration, it may have to answer some tricky questions. Do these laws also get in the way of the project of national integration? We welcome your comments at letters scroll.