Abrogation of Article 370 | Business Upturn

SC upholds Govt’s decision to scrap Article 370

United News of India (UNI) — Mon, 11 Dec 2023 13:54:42 +0000

New Delhi, Dec 11 : Over four years after the Modi government revoked Article 370 from Jammu and Kashmir, the Supreme Court on Monday upheld the decision in a landmark judgement, saying the Union Territory does not have any “sovereignty” different from other states of the country.

The 5-member Constitution Bench of the top court, headed by Chief Justice of India Justice D Y Chandrachud, said Article 370, which granted special status to Jammu and Kashmir, was a “temporary” feature and the President of India had the powers to abrogate it.

The Apex court, in a much-awaited ruling on a bunch of petitions, declared that there was no “mala fide” in the President’s action to abrogate Article 370 on August 5, 2019 and thus the challenge to the Presidential proclamation was not valid.

In a unanimous verdict, the Bench asserted that there was no need for any concurrence, thus rejecting the contention by some sections that the “consent” of the people of Jammu and Kashmir should have been taken before the central government removed the controversial article.

The judgement, read out by the Chief Justice, also made it clear that the recommendations of Jammu and Kashmir Constituent Assembly, which was in vogue till late 1950s, were not binding on the President.

It also said that the Constitution of Jammu and Kashmir ceased to exist after the Presidential proclamation of August 2019.

The Constitution of Jammu and Kashmir “is declared to have become redundant,” said the Bench, which also included Justice Sanjay Krishan Kaul, Justice Sanjeev Khanna, Justice B R Gavai and Justice Surya Kant.

The top court also upheld the August 2019 decision of the central government to divide Jammu and Kashmir, carving out a separate Union Territory of Ladakh.

It also directed restoration of the Statehood of Jammu and Kashmir at the earliest to reverse the decision of August 5, 2019 under which it was converted into a Union Territory.

The Court also directed the Election Commission to hold the Assembly elections in Jammu and Kashmir by September 30, 2024.

Chief Justice Chandrachud, while reading out the judgement, said J&K does not retain any element of sovereignty after the Instrument of Accession was signed by the Maharaja of the then princely state on October 26, 1947.

When the Constituent Assembly was dissolved, only the transitory powers of the assembly ceased to exist and there was no restriction on the Presidential order, the judgement said.

Justice Kaul recommended the constitution of a Truth and Reconciliation Commission, on the lines of the body that had been formed in South Africa, to investigate human rights violations by both state and non-state actors in J&K.

“In view of the inroads made globally and indigenous requests for truth and reconciliation commissions, I recommend the setting up of an impartial truth and conciliation commission. The commission will investigate and report on the violation of human rights by both state and non-state actors perpetrated in J&K at least since the 1980s and recommend measures for reconciliation,” Justice Kaul said, suggesting that the commission be set up in a time-bound manner.

Adding what he called a “sentimental epilogue” at the end of his opinion, Justice Kaul said the Kashmir Valley carried a historical burden and had some social context that could not be segregated regarding the evolving constitutional status of the region. “We, the people of Jammu and Kashmir, are at the heart of the debate,” Justice Kaul said.

He said a series of events led to the migration of a part of the state population between 1989 and 1990.“It was not a voluntary migration. The situation became so aggregated that the very integrity and sovereignty of our country were endangered, and the army had to be called in,” he said.

Referring to the youth of the valley, he said “There is already an entire generation of youth that has grown up with a feeling of distrust, and it is to them that we owe the greatest of reparations.”

Emphasising the importance of the commission, he said “It is my sincere hope that much will be achieved when Kashmir opens up its heart to embracing the past and facilitating the people who were compelled to migrate to come back with dignity. Whatever has been, has been but the future is ours to see.”

India slams Pakistan at the UN General Assembly says, “Pakistan has always sheltered terrorism”

Ayisha Farah — Sat, 25 Sep 2021 07:30:34 +0000

On Saturday, India restated that the entire union territories of Jammu & Kashmir and Ladakh “were, are and will always be an integral and inalienable part of India,” as it hit out at Pakistan over its references to J&K at the United Nations General Assembly.

Stating that Pakistan holds a disgraceful record of sheltering the most significant number of terrorists outlawed by the United Nations, first Secretary Sneha Dubey said, “Pakistan holds the ignoble record of hosting the largest number of terrorists proscribed by the UNSC (United Nations Security Council). Osama bin Laden got shelter in Pakistan. Even today, Pakistan leadership glorifies him as a martyr.”

Prime Minister Imran Khan had cleared up the issue of Kashmir in his speech to the UN General Assembly. He had spoken about the August 5, 2019 judgment of the Indian government on the repeal of Article 370 and the death of pro-Pakistan separatist leader Syed Ali Shah Geelani.

In the Right of Reply, Dubey said Jammu & Kashmir and Ladakh “were, are and will always be an integral and inalienable part of India”. “This includes the areas that are under the illegal occupation of Pakistan. We call upon Pakistan to immediately vacate all areas under its illegal occupation,” she added.

“Regrettably, this is not the first time the leader of Pakistan has misused platforms provided by the UN to propagate false and malicious propaganda against my country, and seeking in vain to divert the world’s attention from the sad state of his country where terrorists enjoy free pass while the lives of ordinary people, especially those belonging to the minority communities, are turned upside down,” the young diplomat said.

Emphasising that minorities in Pakistan, the Sikhs, Hindus, Christians, live in perpetual fear and state-sponsored destruction of their rights, she added, “This is a regime where anti-Semitism is normalised by its leadership and even justified. Dissenting voices are muzzled daily, and enforced disappearances and extra-judicial killings are well documented.”

Dubey said that India is a pluralistic democracy with an ample population of minorities who have held the highest offices in the country, including as President, Prime Minister, Chief Justices and Chiefs of Army Staff, unlike Pakistan.

“Pluralism is a concept which is very difficult to understand for Pakistan which constitutionally prohibits its minorities from aspiring for high offices of the state. The least they could do is introspect before exposing themselves to ridicule on the world stage,” Dubey said.

Stating that the Member States are conscious that Pakistan has undeniable history and policy of hiding, supporting and actively promoting terrorists, Dubey said the country had been recognised globally as openly supporting, coaching, funding and supplying arms to terrorists as a matter of State policy. “It holds the ignoble record of hosting the largest number of terrorists proscribed by the UN Security Council.”

Mehbooba Mufti would not contest in elections

Aayushi Singh — Fri, 25 Jun 2021 13:47:05 +0000

Mehbooba Mufti, Jammu and Kashmir People’s Democratic Part Chief, said that she was not surprised when the PM, Narendra Modi, called a meeting on Thursday of the political leaders of Jammu and Kashmir. She said that there had been so much of oppression in the region that the centre must have realised that the things were not going the way they had planned.

Mehbooba Mufti’s comments came a day after when Prime Minister held the meeting with top political leaders of J&K at his Delhi residence.

After the abrogation of Article 370 in August 2019 and the bifurcation of J&K into two union territories, this was the first meeting held between the centre and the political leaders of J&K. Mehbooba Mufti wasn’t able to answer as to why she was invited to the PM meet even though she was blamed for being the terror sympathiser. She said that only the PM or Home Minister could tell the reason for her being a part of the meeting.

She mentioned that there had been so much of oppression in J&K that people were unable to breathe, the situation on ground was not what they were portraying to the world and people were unhappy and felt suffocated. She added that the centre might have decided the meet out of empathy for them, so they went out of respect of the office of the PM.

Mehbooba Mufti also said that the meeting was held in cordial atmosphere and the Prime Minister and Home Minister heard their points and now they can only hope that the PM meant when he said to reduce the space between their hearts.

She said that prior to the elections they need to take some confidence building measures as the confidence of people are shattered and there had been many suicides, and J&K had been a region of total depression.

She said that the terrorism has come down but there was still disquiet in the region, and since the day Article 370 and 35A had been scrapped, the people feared that the demographic might change, she added that the jobs must be secured for local youths. She pointed out that the journalists got notices for their reporting resulting in reporters to not report freely, the Security force harassed the people, and unless the Article 370 and 35 A were restored, she would not contest in the elections.

Mehbooba Mufti said that she would not contest in the elections until the Article 370 and 35A were restored because otherwise the people would feel that the resolution of Article 370 was just a slogan and she was doing it for the politics, which was not the case hence she would not contest, she added that for the confidence build measures, they need to release the prisoners apart from the party leaders and the confident rebuilding measures should be taken up.

She said that the Article 370 and 35A were the means for them to have a job security and their identity from J&K, and it was important to them and called J&K the most prosperous state of India. She concluded saying that she agreed that the step to reach out to them by PM and inviting them to Delhi was a welcome measure.

Kerala Elections 2021: “Abrogation of article 370 has paved the way for development in J&K,” says UP CM Yogi Adityanath in Haripad

Meemansa Shekhawat — Thu, 01 Apr 2021 07:57:16 +0000

While addressing a public rally in Haripad, Kerala on Thursday, April 1, Chief Minister of Uttar Pradesh Yogi Adityanath praised the central government for the abrogation of article 370 from Jammu and Kashmir.

“The abrogation of Article 370 has helped the people of Jammu and Kashmir join the mainstream. Today, the Union Territory is on the path to development,” said UP CM in Haripad, as quoted by the news agency ANI.

The abrogation of Article 370 has helped the people of Jammu and Kashmir join the mainstream. Today, the Union Territory is on the path to development: Uttar Pradesh CM and BJP leader Yogi Adityanath, in Haripad, Kerala#KeralaElections pic.twitter.com/OzLspDfcAc

— ANI (@ANI) April 1, 2021

In August 2019, central government has scrapped Article 370 and 35(A) from Jammu & Kashmir and led the formation of two separate Union Territories– Jammu & Kashmir and Ladakh. The central government has also assured that this decision would help the people of Kashmir to join the main-stream.

Further, the Chief Minister of Uttar Pradesh Yogi Adityanath added that BJP remains far away from the politics of injustice and nepotism and will fight out issues like corruption, nepotism, and anarchy. CM Yogi’s Haripad rally will be followed by the roadshows in Kazhakkootam and Parassala. Well, Yogi Adityanath is on a two-day visit to poll-bound states– Tamil Nadu and Kerala.

The 21^st Kerala legislative assembly elections is scheduled to be held on April 6, 2021 in order to elect 140 legislators. While the results will be declared on May 2, 2021.

4G Internet services restored in J&K after 18 months

Arnav Dogra — Fri, 05 Feb 2021 15:29:32 +0000

After a whole year and a half of suspension of high-speed internet, the Central Government today restored all 4G internet services in 18 districts of Jammu & Kashmir.

On August 5, 2019, Government of India had revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu & Kashmir following which the state had been reorganized into two Union Territories (UTs) – Ladakh and Jammu and Kashmir.

The internet services in J&K, however, were then suspended by the Center as a security measure. Earlier this year, the UT administration extended the suspension of internet services saying it was important “in the interest of the sovereignty and integrity of India, the security of the state and for maintaining public order.”

Throughout 2020, broadband internet and slow mobile data were slowly restored step-by-step after the Supreme Court it was presented with cases that called the internet suspension as an assault on free speech and democratic rights.

The internet speed was, in an extension to the suspension, was restricted to 2G, except the districts of Ganderbal and Udhampur, where mobile internet connectivity was available without any speed restrictions.

Former Chief Minister of the state of Jammu & Kashmir tweeted congratulations to the people of the state.

4G Mubarak! For the first time since Aug 2019 all of J&K will have 4G mobile data. Better late than never.

— Omar Abdullah (@OmarAbdullah) February 5, 2021

4G Internet services restored in 2 districts- Ganderbal and Udhampur of J&K

Muskan Jain — Sun, 16 Aug 2020 18:37:16 +0000

The J&K administration restored 4G internet services in Ganderbal and Udhampur districts from 9 pm on Sunday till September 8. However, in rest of the districts, the internet speed will continue to be restricted to 2G only.

Internet and voice services were snapped on August 5, 2019, when the Central government moved to abolish Article 370 that gave special rights to the erstwhile state of Jammu and Kashmir. Since then broadband and 2G services have been restored in phase

The development comes four days after the centre told the supreme court that 4G access would be provided “on a trial basis in a calibrated manner in specified limited areas to assess the impact on the security situation”. Attorney General K K Venugopal told a bench of Justices N V Ramana, R Subhash Reddy and B R Gavai that the special committee — set up on the court’s orders to look into the issue of restoring internet services in J&K — had decided to allow 4G access in one district each in Jammu and Kashmir divisions after August 15.

While maintaining that the “overall security situation is still not conducive to lifting the limited restrictions on high speed internet”, the high-powered committee said 4G services could be restored in districts that are away from the international border or line of control, and had low intensity of terrorist activities.

This came after the bench had asked the Centre to clarify a reported statement of the then J&K Lieutenant Governor G C Murmu favouring the restoration of 4G in Kashmir.

Kashmiri Pandit organization demands restoration of Article 370

Akul Puri — Wed, 29 Jul 2020 10:28:49 +0000

As the country is ahead of the first anniversary of the Abrogation of Article 370 on August 5, an organization of migrant Kashmiri Pandits have requested the government to retract is decision and restore the special status of Jammu and Kashmir.

Reconciliation, Relief and Rehabilitation, an organization made by Kashmiri Pandits, has demanded the restoration of Article 370 in the state. “We demand immediate restoration of statehood and special status to Jammu and Kashmir”, said the Chairman of the organization, Satish Mahaldar, in a statement.

“The Indian constitution ensures the right to equality that extends to individuals, communities, religions, regions and all social and political institutions. The right to equality ensures non-discrimination on the basis of religion, caste, region or any other social and political sub-categories”, said the chairman in a statement. “Never before has a state been downgraded. This is not done in a democracy. One can’t have a military solution to a political situation and can’t go to war with their own people”, he further added.

While asserting on the fact that a democratic government is of the people, for the people and by the people, he urged the Prime Minister, the Home Minister and the government to restore the specials status in the state. “The people of Jammu and Kashmir are your own people. Love them. As a good gesture, confer special status to Jammu and Kashmir. The representatives/parliamentarians are for the people, by the people and they need to understand the aspirations and wishes of the people”, he stated.

While asking for special provisions and improvement in law and order situation in the state, the group has also emphasized on the fact that there are states in the country which still enjoy special status as per the Indian constitution. These states include, Arunanchal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, etc.

Article 370 provided a special autonomous status to the state of Jammu and Kashmir. However, on August 5, 2019, the special status was revoked by the Narendra Modi government, dividing the state into two union territories and taking away its ‘autonomous’ status. The article was removed under a presidential order as stated by the Home Minister Amit Shah, in a statement at the Rajya Sabha.

Pakistan observes 5th August as ‘Black Day’ preparing agenda of events which resent against Article 370 revocation

Akul Puri — Wed, 29 Jul 2020 07:36:40 +0000

On the event of the first anniversary of the Abrogation of Article 370, the Pakistan military establishment has planned an agenda which comprises of a series of events to observe August 5 as ‘Black Day’. From Paksitani News agencies criticizing India to urging the Pakistani embassies abroad to carry out protests in their respective countries, everything is mapped by the country in the set agenda.

According to ThePrint, the Indian security agencies have already gotten hold over the document which has laid out the agenda of the day and it has been reported that the list is exhaustive.

The exhaustive list of plans includes a foreign media corps trip to the Line of Control. ThePrint reports that a white paper is also scheduled to be handed over to the United Nations Military Observer Group in India and Pakistan (UNMOGIP).

The Paskitan media has been instructed to telecast news of the Abrogation and also turn their logos black on TV, that day to observe the ‘Black Day’. It has also been reported that amidst the intricate schedule of designed by the Pakistani army’s Public Relations arm, the twitter schedule of the Director of the agency has also been laid out.

On this issue, a source from the Indian defence and security establishment accused Pakistan of spreading propaganda. “A lot of planning has gone into the so-called ‘Black Day’. It shows the extent of propaganda planning that goes on in Pakistan”, they said in a statement.

On August 5 last year, the Indian government Abrogated the Article 370 of the constitution which gave a special status to the state of Jammu and Kashmir. This move by the BJP government divided the state into two union territories, Jammu & Kashmir and Ladakh.