Kashmir Truth Be Told Blog
Yus neereth gassan, pheereth cha yevaano: morda che gassan zinde (Kashmiri saying)

7/5/08

More Conspiracy by Hindutva Agents

Here's an excerpt of an article I was reading from some Hindutva agent about ways to get rid of article 370 :

Excerpt
"Firstly, there’s that issue raised by A. G. Noorani in his article
cited earlier. He snidely wonders whether the BJP has
considered what the effect of abrogation will be on Article
1 of the Constitution of India. His unstated argument is that
Article 1, listing the territories of India, is applicable in
relation to Jammu & Kashmir State only through Article 370
and that, therefore, the extinction of Article 370 would mean
the exclusion of Jammu & Kashmir from the constitutionally
listed territory of the Union of India ! Well, that is a very
minor snag that a senior lawyer should never have even
contemplated. After all, if the BJP does at all effect the
miracle of abrogating the whole of Article of 370 through
a Constitutional amendment, all it has to do in the process
is to add a clause in its Amendment Bill whereby Jammu
& Kashmir is included in Article 1 itself, independent of any
other provision of the Indian Constitution.

The real problem in the abrogation exercise is the wording
itself of the Article. It states that the Article can cease to
be operative only if so recommended by the Constituent
Assembly of Jammu & Kashmir State. Since that Constituent
Assembly was dissolved in November 1957 but its existence
not removed from the Constitutional text till date,
its recommendation for axing Article 370 is impossible in practice.
A suggested solution to this obstacle is an amendment of
the Indian Constitution under Article 368 to remove the
stipulation therein that the recommendation of the Constituent
Assembly is necessary to remove the Article. However,
because of a Constitution Order of the President under
Article 370, any amendment under Article 368 affecting
Jammu & Kashmir demands issuing of a Presidential Order
under Article 370. This, in turn, means that a constitutional
proposal to axe the mention of the Constituent Assembly
from Article 370’s wording would require the State’s concurrence
under clause (1)(d) of the existing Article. Such concurrence
from either the State Government or the State Legislature appears
almost impossible to procure as long as the Kashmir Valley rules the State.

In the USA, such consent would be extracted by resorting
to pressure. Federal financial assistance to a State would, for
instance, be withheld until the State complies. Adherence to
the stipulated high minimum speed limits for cars on the
American highways is known to be ensured in that manner.
Will any Central Government in India have the spine to use
such tactics in order to make Jammu & Kashmir State fall
in line?"

A sigh of relief for now that the concurrence of the state legislature is required to abrogate article 370. More reasons for an alert Kashmir citizenry. A word for Hindutva agents - Keep dreaming!

2 comments:

  1. The so called nationalist kashmiri leaders failed to be visionary on the eve of 1947,they thought Gandhian secularism and their influence will remain ever in india. But a great leader M A JINNAH who was a secularist by core could not be trapped by hypocritic congress leaders. whom he read before anybody else.

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  2. Nationalist leaders were in jail in 1947 when Hari Singh signed the accession. They had no choice!

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