Friday, August 18, 2023
August 9, 1953 to August 5, 2019,Jammu and Kashmir
9 August 1953 and 5
August 2019 will continue to be celebrated by the people of Jammu and Kashmir
as "Black Day".
On August 9, 1953, the popular government of the late Prime Minister of Jammu and Kashmir, Sheikh Mohammad Abdullah, was dismissed illegally and more than 1,500 Kashmiris were put to eternal sleep and then those 1,500 martyrs were shaken to the graves of the country. Means under the scheme of growing more grains, it was converted into rice and maize fields, in this way the name and mark of the country of the martyrs was erased !!!
On August 5, 2019, the undemocratic, illegal and unconstitutional state status of Jammu and Kashmir was abolished and divided into two union territories, that is, its special status was abolished. Done!!! By abolishing the state subject law, that is, the law of being a resident of the state, by giving domicile certificates to non-state residents, they were given the right to buy land and property in Jammu and Kashmir, as if our identity and identity were abolished !!!
The Indian Parliament cannot pass a resolution against the A-370/35 A by saying that it is the "Constituent Assembly of Jammu and Kashmir".
H.E. President and Head of the state of Jammu and kashmir, Maharajah Hari Singh had implemented the State Protection Act here, under
which any non-state person or persons had to obtain official permission to
enter the state of Jammu and Kashmir. This law was made to protect or protect
its sovereignty and absolute independence from the movement of democracy and
independence.
In 1950, late Sheikh Mohammad Abdullah had implemented "permit system" in the state of Jammu and Kashmir to completely stop any non-state
person or persons from entering the state without permission, which was
strictly implemented till August 1953. Dr. Shama Parshad Mukherjee, a
well-known leader of the Bharatiya Jan Singh, was arrested and sent to prison
for violating, where Mr. Mukherjee died of cholera after eating cucumbers. The
permit to travel was a type of visa which was issued on 9 August 1953.
After that, the late Bakshi Ghulam Mohammad gave complete freedom to the
residents of other states to enter the state of Jammu and Kashmir without any
disturbance!!!
Under the Delhi Agreement of 1952, the state was given complete internal
autonomy. The Delhi agreement was decided between Sheikh Mohammad Abdullah and
the Government of India, in the same agreement, Article 370 was brought into
existence and it was included in the Indian Constitution. The creator of Marza Muhammad Afzal Begi was under Article 370, the state had its own separate flag,
its own court, its own high court, its election commission, etc. But Khawaja Ghulam Mohammad Sadiq, late in 1964, to weaken Article 370 The positions of the
Prime Minister and President of the state were changed to the positions of
Chief Minister and Governor respectively Central laws were implemented Supreme
Court of India and Election Commission of India's jurisdiction was extended up
to the limits of Jammu and Kashmir!!!
Kashmir leaders,SC only institution that can uphold supremacy of Constitution
The Supreme Court will have to take a bold stand for upholding the majesty of the Constitution.Mehbooba Mufti
Unfortunately nobody is talking about the Instrument of Accession.
It is because of Article-370 that the
disputed state of Jammu and Kashmir temporary acceded with India otherwise Jammu and Kashmir wasn't part of India. So if you want to remove Article-370 then Jammu and
Kashmir can't remain the part of India. And
another thing is that there is the UN Resolution for Kashmir dispute, in which
Jawahirlal Nehru has promised the people of J&K that you will be given the
opportunity to decide your future by the means of memorandum, that were the
terms and conditions on which Instrument of Accession was signed. So better for
India would be to either restore the constitution of Jammu and Kashmir 1954 or
let the Kashmiris decide their future by means of vote, whether they want same as before Independent Jammu and Kashmir or they want to merge with
India or Pak. Sheikh Gulzar
The abrogation of Article 370 and the bifurcation of the state of Jammu and Kashmir in August 2019 provoked intense diplomatic response from the international community. For the most part, India received widespread support for its decision. At the same time, however, there have been criticisms of the restrictions imposed in the region on communication and civil liberties. China and Pakistan, in particular, reacted with hostility and attempted to open a new chapter on Kashmir at the United Nations Security Council. This paper explores how the global conversations on the issue of the erstwhile Kashmir have shifted. It argues that the decision to revoke Article 370 has caused a significant degree of international backlash for India, affecting the country’s narrative on the Valley.
Article 370 in Indian Supreme Court
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| Flags of Kashmir |
Dushyant Dave says abrogation exercise was “bereft of any reasons”, prompting the CJI to ask if petitioners wanted the SC to review the basis of the Centre’s decision to repeal the provision
The Supreme Court, hearing a series of petitions against the abrogation of Article 370, said that its ambit lay in investigating whether the repeal of the provision in August 2019 amounted to a “constitutional violation”.
The Supreme Court on Thursday appeared unenthusiastic to accept an “invitation” to judicially review the “wisdom” behind the Union government’s decision to abrogate Article 370, which had given a special status to Jammu and Kashmir.
Instead, the Constitution Bench said that its ambit lay in investigating whether the repeal of the provision in August 2019 amounted to a “constitutional violation”.
Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2 | Day 3 | Day 4 | Day 5 | Day 6| Day 7
“Are you inviting the court to review the wisdom of the decision of the Government of India on the abrogation of Article 370? Are you saying that judicial review should reassess the basis of the government decision that it was not in national interest to continue with Article 370?” Chief Justice D.Y. Chandrachud asked. More info : https://www.thehindu.com/
"The exercise of abrogation is a complete fraud on the Constitution. In the BJP manifesto, they had promised abrogation, and this Court had ruled that these manifestos cannot be against the constitutional scheme and spirit. Now because you have majority in Parliament, you have done this and it is all because you told people to vote for you and you will abrogate it. This shows power exercised for colourable considerations. President is not a rubber stamp; majority does not speak, it is not a constituent power."
After Dave concluded, Senior Advocate Shekhar Naphade began
his submissions for the petitioners.
He said that the Presidential proclamation leading to the
abrogation was "clearly without jurisdiction," since the Governor had
already dissolved the assembly and assumed all powers of the State.
"This
assuming of power will not mean breakdown of law and order machinery. This is a
jurisdictional issue and Article 356 has been invoked for a collateral purpose
and the collateral purpose is apparent on the face of the record. The J&K
Reorganization Act is born in unconstitutionality."
At this point, CJI Chandrachud asked what happens when one
unites two States.
J&K did not completely integrate with
India
Shah
reiterated submissions he had made towards the end of yesterday that although
J&K “unconditionally acceded” to India through the
Instrument of Accession, it did not “integrate” with India since no “merger
agreement” was executed.
He further added that the powers subsumed in
Article 370 can either be termed as “sovereign or residuary” powers.
Zafar Shah (Advocate)
Why did J&K need Article
370?
Shah submitted that since
no merger agreement was signed, J&K maintained its “constitutional
autonomy”. He added that it was through the residuary powers to make laws
that the State exercised its autonomy.
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