- 16 May 2022
It has been exactly a year since Central government abrogated article 370 and bifurcated the state of Jammu and Kashmir in to two union territories—Laddakh and Jammu & Kashmir. Be it Imran Khan's Kashmir hour, or Netas changing their stance on Kashmir, or the weaklings of the Khan market being ready for an unlimited shoka sabha, the article 370 abrogation will remain a hotbed issue for discussions in years to come.
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The abrogation of article 370 saw an anniversary on 5th of August this month. As the months go by and Kashmir is returning to normalcy, the cries of left lib intelligentsia for 370 amendment are having no takers neither does their attempts to create an atmosphere of tension and unrest in the country. One of such attempts is to make indian populace believe that what has been done is purely unconstitutional and hence can be challenged in the apex court of india.
But does the Supreme Court Yelp propaganda has any substance to begin with. Present Mirror tells you why the court couldn't intervene.
The chakravyuh was led long time back by Modi and Shah when they went against their ideals and formed a government with muftis with motives only to bring it down in future and create an environment of Presidential rule in the state.
The legalities say the same story.
Article 363 in The Constitution Of India 1949 Includes Bar to interference by courts in disputes arising out of certain treaties, agreements, etc
(1) Notwithstanding anything in this Constitution but subject to the provisions of Article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument There goes the Supreme Court Yelp propaganda of the weaklings down the drain(weaklings for a reason).
Home Minister Amit Shah in this whole exercise was like a Magician working on his potion.
Also the government exercised their rights under 370(1) to make changes to matters specified in the accession like defense communication etc ie matters in union and concurrent list and for that President doesn't need concurrence of state, only consultation is needed.
Then an amendment to article 356 was passed as J&K reservation bill where power of legislature under presidential rule will be exercised by parliament and president can promulgate the ordinance in this regard. This in accordance with article 26 in J&K constitution declared Governor as head of state or Sadar-I-Riyasat who is appointed and works under President itself. So the presidential order is based on J&K constitution which is framed by constituent Assembly itself. Bravo! the magical potion is ready.
So a C.O. 272 was added to Article 367 “in provision to clause (3) of Article 370 of this Constitution, the expression ‘Constituent Assembly of the State referred to in clause (2)” shall read “legislative Assembly of the State.” Now article 370(3) was used to amend 370 and remove clause 2 and 3 of 370 and retain 370(1) which exercises article 1 over J and K.
Various people from the core left like AJ Noorani have argued that abrogation of 370 via presidential order will make article 1 clause go too which makes Kashmir an integral part of India as well includes Jammu and Kashmir in the schedule 1.
The magician knew the potion will work only if a part of it is filtered.
And behold Home Minister kept it and removed everything else. This window also closes. Later, amending 370 Amit Shah withdrew J&K reservation bill too in a way making clear now constitution of India will directly exercise its powers. So, the magician made his opponents drink a potion and then destroyed the recipe. Nobody can make any changes to the potion because now there is no potion.
Now article 35A was brought in by a presidential order of 1954. It has been removed by a new order in 2019. Both the 370 and 35A are temporary provision of constitution of India.
So, to people arguing a temporary provision amended in accordance with provisions of J and K constitution and passed in both houses of parliament as a presidential order first and then as a reorganisation bill next, well Expecto Patronum.
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