WHAT IS ARTICLE 370? : (B.13)

By -

 Hello Everyone, 

In the last blog we discussed the history of Jammu and Kashmir and how did Jammu and Kashmir become an integral part of India. Further, we also discussed that despite being an integral part of India, still, a large area of Kashmir is occupied by Pakistan. But before I continue, if you are new to my blog I recommend you to read my previous blog for better understanding.

👇 (CLICK ON THE LINK) 

UNDERSTANDING KASHMIR PART 1



Let's Get Started, 

After the Instrument of Accession was signed, Sardar Patel recommended Jawaharlal Nehru that we should declare the act of war with Pakistan. But Nehru declared a cease-fire and moved to the UN (United Nations). The UN did not value the Instrument of accession and said that a "Plebiscite" should be conducted for the people of Jammu and Kashmir. (In simple words, Plebiscite is a kind of voting, which will decide that with whom the population of Jammu and Kashmir want to merge - India or Pakistan). But the UN also stated that plebiscite will be conducted if two conditions are fulfilled. 




1. Pakistan will withdraw all its Military from the occupied region of Kashmir.

2. India will also reduce the Volume of the Army from Kashmir. 

But as we know Pakistan never withdrew the Military till date. After this response from Pakistan, India also kept its Army as it is. Due to this, plebiscite never happened in Jammu and Kashmir. During this edgy situation, a new leader was emerging in Kashmir "Sheikh Abdullah". He was already representing many political issues of Jammu and Kashmir. He then formed a political party "All India Jammu and Kashmir Muslim Conference" in which he represented the Majority population of Kashmir. Later he renamed his party name to "National Conference" where he represented the suppressed section of Kashmiri population. Now the scenario was like this, on one hand, the UN suggested a plebiscite and on the other, Sheikh Abdullah was emerging as a new hero of Kashmir. During this time Jawaharlal Nehru thought let's offer a proposal to Jammu and Kashmir so that even if the plebiscite is conducted, people of J&K will feel India as their home. The proposal which was offered by Nehru was "Article 370".  A meeting was conducted between Government of India and Sheikh Abdullah which was called "Delhi Agreement", in this meeting instrument of accession and Incorporation of article 370 in the Indian constitution was discussed. So this is how Article 370 was introduced.



Let's understand what does article 370 offers to Jammu and Kashmir: 

Article 370 is part of part 21 of the Indian constitution. This part of the constitution provides temporary and special provisions to twelve states of India, out of these twelve states, one state is Jammu and Kashmir. (for better understanding I am dividing article 370 into three parts)

1. Powers of Parliament in case of Article 370: 

In general cases, the parliament of India has the power to make laws and frame policies for both the central list and concurrent list. (If you don't know what is a central list and a concurrent list, let me help you, Central list is a list of 98 items on which the parliament can exclusively make laws without any state interference, for example, Defence-related laws, atomic energy etc. Whereas a Concurrent list is a list of 52 items which included the power of both state and Central government to form any legislation) but in the case of Jammu and Kashmir, the power of parliament was restricted to the subjects which were discussed in the instrument of accession, and the subjects were defence, communication and foreign affairs. Any law which is made in parliament will first go to the state assembly of Jammu and Kashmir, then the assembly will rectify the law made by parliament and if state assembly is convinced then the law is applicable in the state. So this extra process of the rectification or the limitation of parliament is caused by "Article 370". 

2. Laws applicable in Jammu and Kashmir: 

Apart from Article 370, the laws which were applicable in J&K were Article 1 of the Indian constitution and the laws specified by the president in the presidential order of 1954, which included laws like (constitutional assembly and fundamental rights etc ). Other than the laws specified in presidential order no other law is applicable in J&K. 

3. Annulment of Article 370: 

How can Article 370 be abrogated? Clause 3 of Article 370 can be abrogated if the constituent assembly of J&K says that Article 370 shall be removed or abrogated, after that the president also approves it with public notification then this article will cease to exist. But there was a problem which made the abrogation complicated, the constituent assembly of J&K was dissolved in the year 1957. So after the dissolution of the assembly does Clause 3 makes any sense?  I leave this on my readers. 

So this was all about Article 370, In the next blog, we will discuss about 35(a). If you are new to my blog do read my previous blogs.

CAA 

SECULARISM 

RELIGION 

KASHMIR AND ARTICLE 370.

FORGOTTEN HEROES.   

THANKS FOR READING

JAI HIND


     

   

                


Comments

Post a Comment

Popular posts from this blog

INTRODUCTION

By -
Image
Hi there. The idea behind this blog is motivated by the current situation of our society. We believe that facts and figures play a very important role in forming someone's perspective. So, we are coming up with an initiative to start an open discussion on the topics which are often neglected by us due to the fear of touching something controversial but these topics need to be addressed by us as soon as possible. We hope a small step from our side enables you to identify the true evil inhabiting our society.   We welcome you all to express your thoughts  and opinions.    
Continue Reading...

OXYGEN CRISIS IN INDIA- 2021 EXPLAINED

By -
Image
  Understanding Oxygen Infrastructure and the Emergency in the Second wave of Covid19 (Numbers may differ due to the difference in timing between writing and posting this article)  " You may be blind, but we are not ": HC slams Centre over deaths due to scant oxygen supply in Delhi   " The system has failed ": High court slams Delhi govt over 'black marketing of oxygen cylinders'   " You can put your head in the sand like an ostrich, we won't " : HC on oxygen shortage -Supreme court and High Court's statements  Oxygen tanks I am quite sure we are all aware of the scarcity of oxygen prevailing in our country. An enormous number of people have already lost their lives and many are still struggling. Presently, when I am writing this blog, there are    21,892,676   active cases and the death tally has risen to  238,270.    But who is responsible for this frightening situation?  Some of you will say Central government and some will say State gov
Continue Reading...

Free Hindu Temples in India From Government control

By -
Image
"SARV PANT SAM BHAV" I ndia has always been a secular country and we don't need an amendment of any kind to prove this because India's roots have always carried the essence of treating every religion equally . I ndia is a secular country, so, it has to follow the basic fundamental rules of secularism. Firstly, the government or any administration should not interfere with the working and practices of a religious institution until it's against the constitution and Secondly, every religion should be treated equally.   "Considering the present situation of the country, this blog is a repost." If you have not read it before, do give it a read. So what does our today's topic say? In the Indian States like Tamilnadu, Kerala, Odisha, Maharashtra, Uttar Pradesh, and some more, thousands of Hindu temples are under government or state control but this is not the same for other religious institutions like churches, Mosques, etc. The funds received as a charity
Continue Reading...

TANDAV CONTROVERSY: PART 1 [B.33]

By -
 Hello everyone, In the last blog, I talked about the difference between freedom of expression and hate speech and I said that, I will continue the series in my upcoming blogs but today's blog is not directly connected with it but to some extent it is. We are living in an age where the war is between ideologies through information. Data sharing is one of the key weapon in this kind of warfare. Economies across the world in the year 2021 can not afford a conventional war through weapons hence the easiest and the cheapest way  is war through information. If you want to hover over someone's ideologies and promote your agendas, the key way is to create an internal war among their society which makes them question their own ideology and pushes them to stand against it. As a result they loose their faith and trust in their own community. This is a classic example of urban naxalism. If you want a detailed information on this, you can read my previous blog for a better understanding. U
Continue Reading...

The Place of Worship(Special Provisions) Act, 1991

By -
Image
Historical wrong can not be remedied by the people taking the law in their own hands. supreme court of India...  Hello Everyone,  In this blog, we will discuss a Provision made in the year 1991, which is unheard to many of us. This provision is  "The Place of Worship(Special Provisions) Act, 1991".   I have written many articles on several issues like "Government Intervention on  Hindu Temples and how they are unconstitutional and goes against the fundamental essence of our constitution,  If you haven't read that blog, please click on the link below which will help you to understand how Hindu temples are under control selectively. Before proceeding I would like to tell you that this blog will be divided into two parts, First I will be explaining the act as it is, and secondly, I will explain the impact of the act on the majority population that we are unaware of.  FREE HINDU TEMPLES PART 1 FREE HINDU TEMPLES PART 2 Let's Get started,  Every provision or law which
Continue Reading...

What is secularism?

By -
Image
"The idea of separation of power of states from the religious institutions" or "The belief that religion should not be taking part in the ordinary social and political activity of a country". - SECULARISM There are so many definitions of secularism and none of them are incorrect.  It's not the word that is creating controversies but the application and the usage of the idea are making it  debatable.  Through this blog, let us understand why this term has become a heated and controversial issue of the modern time. Key Focuses-  PART 1: What secularism means? and what is secularism in India? PART 2:  Modern secularism of India. Is India ready to be secular? PART 3:  Amendment of secularism. Good or bad? Click here to read more-   RELIGION OF INDIA WHO IS A HINDU and much more.. Let me introduce you to a very interesting fact - the word "secularism" was not linked with religion until 1851. It was a freestanding Latin term that was used in the Christian
Continue Reading...

OTT PLATFORM'S REGULATION IN INDIA [PART-2] [B.34]

By -
Image
  Hi readers, In the previous blog, we discussed the impact of various OTT platforms in the present times. It is known to us that these platforms are not regulated by the government of India and there have been many protests against the content presented on them. There have been many incidents where many Bollywood celebrities have also demanded the regulation of government on these platforms but there is a section of society whose beliefs are contradictory to this. According to them, if the government exercises its control on these OTT platforms, then this will result in choking the right to expression and freedom of speech of the content creators.  In this blog, we will study both the angles of this situation and try to derive a conclusion after a detailed analysis.  Let's get started... There are mainly 5 types of media globally:- 1.      Print Media 2.      News 3.      Films 4.      Advertising films  5.      OTT Platforms  Except  for the OTT platforms, every other form of med
Continue Reading...