BJP, Kashmir and Article 370

Srinagar, Jan. 30: It is impossible to think of abrogation. It can’t be amended by taking recourse to the usual provision of amendment provided by the Constitution of India, article Zahoor Hussain Bhat in Rissing Kashmir.

At the time of partition of Indian Subcontinent, India was conceived as a federation of States. Upon the creation of the independent Dominion of India, the princely States of the erstwhile British India were offered the choice to join either the Dominion of India or the Dominion of Pakistan.

 A third alternative of remaining independent of the two Dominion was also offered by the Dominion Power. In case of Jammu and Kashmir the Maharaja of Kashmir signed the Instrument of Accession to the Dominion of India. Under this Instrument, he surrendered the jurisdiction of three subjects-Defence, External Affairs and Communications. This action of the Maharaja was endorsed by the premier Political Party of the State, National Conference. The accession of the State thus established and was given legal and constitutional validity and sanction by the incorporation of Article 370 in the Indian constitution which defined the State’s special relationship with India.

The State is yet to recover from 2010 shock that has consumed its economy and lives. Now the BJP desires to set the Valley on fire again. The plan to hoist tricolor at Lal Chowk by BJP Youth Wing Bharatiya Janata Yuva Morcha’s (BJYM) has already started a war of words with separatists, the Chief Minister Omar Abdullah sees it as an unnecessary provocation. Ironically BJYM Chief Anuraj Thakur said, “Tensions were created because of stone pelting incidents. Many soldiers of the country were wounded. Was there no tension then? We are hoisting the flag for national integration. We want Article 370 to go and Jammu and Kashmir to be fully integrated with India.” This clash is nothing but of egos.           

BJP may hoist the tricolor at the historic Lal Chowk but it is impossible to think of abrogation of Article 370. Article 370 can not be abrogated or amended by taking recourse to the amending provisions of the Constitution which apply to all the other states because Article 368 has a proviso that says no constitutional amendment “shall have effect in relation to the State of Jammu and Kashmir” unless applied by order of the President under Article 370. That requires first the concurrence of the State government and subsequent ratification by its Constituent Assembly.

Article 370 of the Constitution is reproduced for the readers;
370. Temporary Provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution.
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to;
(i) 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 matter specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matter with respect to which the Dominion Legislature may make laws for that State;
(ii) 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 purpose of this article, the Government of the State means the person for the time being recognised by the Presidents the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subjects 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 (i) 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 the 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.

A careful study of the text reveals six special provisions for Jammu and Kashmir:

First, it exempted the State totally from the provisions of the Constitution of India providing for the governance of the States. It was allowed to have own constitution within the Indian Union.

Second, Parliament’s legislative power over the State was restricted to three subjects defence, external affairs and communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the Instrument of Accession. For all this, only “consultation” with the State Government was required since the State had already accepted them in 1947 by the Instrument of Accession.

Third, if other “constitutional” provisions and other Union powers are to be extended to the State of Jammu and Kashmir the prior “concurrence” of the State Government was required.

The fourth feature is that even that concurrence alone did not suffice. It had to be ratified by the State’s Constituent Assembly. This is often overlooked. Article 370 (2) says clearly: “If the concurrence of the Government of the State be given before the constituent assembly for the purpose of framing the Constitution of the State is convened, it shall be place before such Assembly for such decision as it may take thereon.”
The fifth feature is that the State Government’s authority to give the “concurrence” lasts only the State’s Constituent Assembly is “convened”. It is an “interim” power. Once the Constituent Assembly met, the State Government can not give its own “concurrence”. Still less, after the Assembly met ad dispersed. Moreover, the President can not exercise his power to extend the Indian Constitution to Jammu and Kashmir indefinitely. The power has to stop at the point the State’s Constituent Assembly drafted the State’s Constitution and decided finally what additional subjects to confer on the Union and what other provisions of the Constitution of India it should get extended to the State rather than having their counterparts embodied in the State Constitution itself. Once the State’s Constituent Assembly has finalised the scheme and dispersed, the President’s extending powers ended completely.

The sixth special feature the last step in the process, is that Article 370 empowers the President to make an order abrogating or amending it. But for this, also “the recommendation” of the State’s Constituent Assembly “shall be necessary before the President issues such a notification”.Writer can be contacted at:  zahoorbhat786@yahoo.in

After Blair's conversion to Catholicism, his sister in law says: I'm a Muslim

Conversion: Lauren booth chose to become a Muslim after a holy experience at a shrine in Iran

By David Wilkes
London : It could certainly make family get-togethers interesting. Tony Blair’s sister-in-law Lauren Booth has converted to Islam. The former prime minister is also a religious convert – he became a Roman Catholic after leaving office in 2007.

Miss Booth, who is Cherie Blair’s half sister, decided to adopt her new faith after what she described as a holy experience in Iran.

She now covers her head with a hijab when she leaves home, has given up alcohol and visits a mosque ‘when she can’.

The 43-year-old mother of two, who has long sympathised with the Muslim cause, described how she had a religious awakening six weeks ago on a visit to a shrine in the Iranian holy city of Qom.

‘I sat down and felt this shot of spiritual morphine, just absolute bliss and joy,’ she said. The former reality TV contestant decided to convert immediately on her return to Britain.

‘I always felt that the ummah [Muslim community] is a very loving, peaceful place and I am proud to be a member of it,’ she said.

Miss Booth, also a journalist and human rights campaigner, has stopped eating pork, reads the Koran every day and has not ruled out wearing a burka in the future.

‘I also haven’t had a drink in 45 days, the longest period in 25 years,’ she said. ‘The strange thing is that since I decided to convert I haven’t wanted to touch alcohol, and I was someone who craved a glass of wine or two at the end of a day.’

Miss Booth works for Press TV, the English-language Iranian news channel, and has worn a head scarf on screen. She announced her conversion at the Global Peace and Unity Event in London on Saturday. To cheers, she said: ‘What I wanted to share with you today is that I am Lauren Booth and I am a Muslim.’

Miss Booth’s conversion follows a turbulent time in her personal life, during which her marriage to actor Craig Darby hit the rocks. She described publicly how she had fallen on hard times and was being forced to return to Britain after six years in rural France with her family.

Miss Booth was a vocal opponent of the Iraq war and recently criticised Mr Blair, accusing him of bias towards Israel.

She said: ‘Your world view is that Muslims, are mad, bad, dangerous to know. A contagion to be contained.’Her conversion was welcomed on Muslim internet forums. One post read: ‘Now a war criminal has an innocent sister in law! God bless her!’

But not all the comments were so favourable. Another read: ‘Lauren Booth craves attention, that’s all.’

Plight of ‘kind Muslim man’ wrongly held for Mecca Masjid led Swami to confess: Police

Mumabi, Jan 27: Investigators claimed that a curious change of heart led Swami Aseemanand, 58, arrested for his involvement in the Mecca Masjid blast, to reveal details of the conspiracy behind five major blasts, including the February 2007 attack on the Samjhauta Express.

Key to this, senior officials said, was Aseemanand’s interaction with a 21-year-old he met in Chanchalaguda Jail, Hyderabad, during his judicial custody in November-December last year.

The man, Sheikh Abdul Khaleem, was among 15 arrested earlier by the Hyderabad Police investigating the Mecca Masjid blast. On November 13, 2008, The Indian Express reported that an Andhra Pradesh government panel had confirmed that these Muslim men, picked up for the Mecca Masjid blast of May 18, 2007 and the Lumbini Park and Gokul Chaat House blasts of August 26 that year, were tortured for as long as six months.

Khaleem, 19 then and working as a lab technician, was arrested soon after. According to the panel’s report, he was blindfolded and taken to an unknown destination, beaten on the soles of his feet, stripped and then administered shots through a “small machine”.

Aseemanand was arrested on November 19 last year from Haridwar in Uttarakhand, after he had changed location over 30 times, travelling across several states over two years to evade arrest. According to investigators, he was “not cooperating” in the initial days after his arrest.

Though he was in the CBI’s custody for a few days in between, he spent most of the period from November 20 to December 24 in judicial custody, in solitary confinement in Chanchalaguda Jail where nearly 70 per cent of the inmates are Muslim. It was here that Aseemanand came in touch with Khaleem.

Blast-accused Muslim praises Aseemanand, calls him 'great'
Woh bahut great hain. It takes a lot of courage to accept your mistakes, admit guilt. Not everyone can do it. Even when we were in jail together, I felt he was a good man,” Abdul Kaleem, 23, a Mecca Masjid blast accused, said on Monday following his release on bail.

He was referring to Swami Aseemanand who is reported to have confessed to his involvement in the Mecca Masjid blast of May 18, 2007. Kaleem was arrested as a suspect in the case and spent one-and-a-half-years in jail before all charges were quashed by a court and set free.

On October 12, 2010, Kaleem was arrested again at Cherlapally Jail on charges of trying to pass a mobile phone to his jailed brother Abdul Khaja alias Amjad, an alleged terror operative who was arrested from Chennai in January 2010.

“The first time I saw Aseemanand was about a month-and- a-half ago and I was not aware why he was in jail. He was in the cell next to mine, we started talking on and off when we came across each other in the courtyard. A few days later, I came to know that he was arrested in the Mecca Masjid blast case,” Kaleem says.

63 Black Day in 63 years in disputed Jammu and Kashmir

Kashmiris resist Indian flag hoisting in Srinagar

Why Kashmiris hate India?

Srinagar/Jammu, Jan 26: For sixty years we have all heard the rhetoric that Kashmir is an integral part of India–yet six decades later, hoisting the Indian flag on government buildings in Kashmir is tantamount to igniting the Chanars on fire. Even the  Chief Minister who is a stooge of Congress and has no following in Kashmir is telling the BJP not to hoist the Indian flags on government buildings in Kashmir. Every year on 26th January and 15th August, separatists burn Indian flags and unfurl the Pakistan flag. Today in Pampore,Tral, Pulwama, Sopore, Baramulla thhe green flags of Pakistan were hoisted in various areas of Kashmir on the Independence Day of India

The BJP is bent upon putting the flags up–probably tired of watching the entire valley put of Pakistani flags on August 14th (Pakistan‘s independence day) and black flags on August 15th (Bharat’s independence Day).

Responding to reports that Jammu and Kashmir Chief Minister Omar Abdullah had expressed his reservations about the BJP’s announcement of hoisting the national flag at Lal Chowk, Rajya Sabha MP Chandan Mitra reiterated that the flag would definitely be hoisted.

“He [Mr. Abdullah] must clarify whether or not he, as Chief Minister, will hoist the national flag on Republic Day. Separatist leaders will also have to declare which flag will be hoisted if it is not the national flag. Every last worker of the BJP will strive to hoist the national flag there,” Mr. Mitra said. The Hindu

The Nation is reporting that the Mr. Abdullah is “Blaming BJP for creating controversies and disturbing tranquility in the Indian Held Kashmir“. News reprots are indicating that Mr. Omar Abdullah “asked the party not to go ahead with its plan to hoist the Indian flag in Srinagar on January 26.”

Indian media is reporting that “BJP has defended flag hoisting at Lal Chowk by saying that Kashmir is India’s integral part.” Mr. Abdullah is running scared. “When Kashmir is now quiet, they (BJP) want to set it on fire again”.

The BJP has made it a trait to ignite fire for political mileage. “The Indian flag will be hoisted at all the district headquarters, government buildings, police and army establishments besides at Bakshi Stadium in the heart of Srinagar city by a Minister. Does BJP consider all this irrelevant and hoisting of flag by any individual of their party at Lal Chowk, a relevant one?” he questioned.

The Chief Minister of  Kashmir told reporters this would put the valley on fire. “If their aim is to set Kashmir afire, please tell them to stop. If there are repercussions, I will hold them personally responsible. They should not hold me responsible if there is a fallout of that in Kashmir. They will have to come and sort it out. They shall not hold me responsible”, Omar said.

The extremist BJP defended the party’s decision to hold Indian flag in Srinagar. The Hindu Mahasabah is adamant on the flag issue and may succeed in creating turmoil and reigniting the valley.

“BJP maintains that Jammu and Kashmir is an integral part of India. Our youth wing has planned our own programme as a part of our national sovereignty, national solidarity campaign from West Bengal to Kashmir. I think it is a welcome program. We are marching with the national flag not in only one state but several states of the country, why should anybody object to this campaign of national solidarity and national sovereignty,” BJP leader Arun Jaitley-Leader of Opposition in Rajya Sabha and senior  said.

In a state where the Pakistani flag is waived by the people very often, it is strange to hear that waving the Indian flag is an anomoly and would set the valley on fire. The Pakistani flag is banned in Kashmir. It is a crime to hosit the Pakistani flag–however during protests the Pakistani flag is ubiquitous. The Kashmiri flag is the Pakistani Crescent and Star without the white stripe. The Kashmiris get around the ban on the Pakistani flag by waving the Crescent and Star on a green background–claiming that it is a Kashmiri flag–thus getting around the ban on the Pakistani flag.

Sheikh Yaqoob, Chairman Jammu and Kashmir People's  League (JKPL), denounced Bhartiya Janta Party (BJP) fanatics for their decision to hoist Indian flag at Lal Chowk Srinagar on January 26, terming it India's frustration and political defeat in Kashmir.
In a statement, he said that a two-third area of Jammu and Kashmir was under India's illegal military occupation since 1947, and now communalists of the Hindu organization wanted to gain political leverage in Delhi by such a senseless step in Srinagar, which could not be carried out without imposing curfew in Srinagar on the Black Day.

"The popular movement of freedom for Jammu and Kashmir will not kneel down by this threat or political gimmick," he said.

Commenting upon the statements and counter-statements of India's Secretary Home G. K. Pillai and General V. K Singh the Indian army chief on the reduction of Indian regular armed forces in Jammu and Kashmir, Rehmani said that ultimately army chief's word would carry weight as the Indian Army had unbridled powers in Jammu and Kashmir under the Disturbed Areas Act and the Armed Forces Special Powers Act; and have had gained all the personal and strategic dividends by using these repressive laws against the people of Kashmir during the last 20 years, although an overwhelming majority of the Kashmiris were against Indian rule, and their inhuman and draconian laws in Kashmir.

Meanwhile, Government of Jammu and Kashmir  on Sunday jammed the landline,mobile phone networks and internet broadband connections. Subscribers were unable to make or receive any calls while internet remained down till late in the afternoon.