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BJP Manifesto 2019 - Commitment to repeal Article 370

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From their manifesto:

https://cloudfront.timesnownews.com/media/BJP-Election-2019-english.pdf

Quote

 

In the last five years, we have made all necessary efforts to ensure peace in Jammu and Kashmir through decisive actions and a firm policy. We are committed to overcome all obstacles that come in the way of development and provide adequate financial resources to all the regions of the state. We reiterate our position since the time of the Jan Sangh to the abrogation of Article 370.

 

We are committed to annulling Article 35A of the Constitution of India as the provision is discriminatory against non-permanent residents and women of Jammu and Kashmir. We believe that Article 35A is an obstacle in the development of the state. We will take all steps to ensure a safe and peaceful environment for all residents of the state. We will make all efforts to ensure the safe return of Kashmiri Pandits and we will provide financial assistance for the resettlement of refugees from West Pakistan, Pakistan occupied Jammu and Kashmir (POJK) and Chhamb.

 

 

How much merit in this? have they always included this in their manifesto?

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Granted article 370 is a tougher nut to crack, but 35A could have been done with a constitutional amendment for which the NDA had the requisite majority and a willing president (both Mukherjee and Kovind). What was lacking was the initiative. Somehow in the euphoria of the airstrikes this was forgotten.

 

Constitution has been amended numerous times as its a living document. Not sure what the mental block is to amend it to correct the historic wrongs.

Edited by gs
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12 minutes ago, gs said:

Granted article 370 is a tougher nut to crack, but 35A could have been done with a constitutional amendment for which the NDA had the requisite majority and a willing president (both Mukherjee and Kovind). What was lacking was the initiative. Somehow in the euphoria of the airstrikes this was forgotten.

 

Constitution has been amended numerous times as its a living document. Not sure what the mental block is to amend it to correct the historic wrongs.

Because its a major step and you have to lay in the groundwork.  Simply making it part of the national conversation on a serious level is progress.

 

I can't stand the BJP, or the RSS bhakts.  But on J&K, but it was about time this 'separate but equal', special status etc cat was belled. 

 

Sure, J&K negotiated special terms for itself when joining India - but the circumstances and ground realities have changed in 70 years.  First-off, what is within Indian borders is barely 40% of that princely state, part of it being permanently signed away to China.  Secondly, even the Royals of other princely states negotiated special terms - such as privy purses, when joining the Union of India.  Those were supposed to exist forever, but were done away with in the 1970s.  

 

Congress with its bullshit, would never have the nerve to even bring this up, but keeping the Kashmiris under some silly delusion that they have "special" status, is part of the problem.  They are a normal territory that became part of India during British departure from India, the Partition and its aftermath.  They should be counting their lucky stars and doing obeisance daily, to thank Allah that they did not meet the fate of the Bengalis, Pashteen or the Baloch.  It is only the ethno-religious pseudo-superiority complex that a minority of Kashmiris cultivate, that is feeding the anti-India rebellion.  

 

Realistically, Kashmiris have zero hope of being independent.  And they are better off under Indian rule than they would ever be with the greenbros.  

 

By tabling the issue of getting rid of their so-called "special" status, BJP has done the country a service.  As is expected of a major national political party. 

Edited by sandeep
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7 minutes ago, gs said:

Granted article 370 is a tougher nut to crack, but 35A could have been done with a constitutional amendment for which the NDA had the requisite majority and a willing president (both Mukherjee and Kovind). What was lacking was the initiative. Somehow in the euphoria of the airstrikes this was forgotten.

 

Constitution has been amended numerous times as its a living document. Not sure what the mental block is to amend it to correct the historic wrongs.

Do you know how constitutional ammendment works ?

Hint: Its not just a LS move, its also a RS move. What is BJP standing in RS ?

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I think it's way too difficult, even if NDA had majorities in both houses.

 

But wish it can be done, and then hope all those 'Kashmiris' who said if repealed they will pick up a gun, well hope they do, it makes it easier to identify the enemy and dealt appropriately

 

Repealing Article 370 is only way to sieve out the undesirables in the Kashmir 

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I don't have any prior research on this yet, but I read or heard some constitutional expert say that either 370 or 35a, was introduced , not by legislature, but a subversive committee and a presidential consent. It can repealed in a similar manner without involving legislature (LS ans RS) as is needed to repeal a law. Just like most presidential ordinances can be passed without involving a 2/3rds vote in parliament. 

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6 hours ago, coffee_rules said:

I don't have any prior research on this yet, but I read or heard some constitutional expert say that either 370 or 35a, was introduced , not by legislature, but a subversive committee and a presidential consent. It can repealed in a similar manner without involving legislature (LS ans RS) as is needed to repeal a law. Just like most presidential ordinances can be passed without involving a 2/3rds vote in parliament. 

Clause 3 of the article states:

The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.

 

Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing (fat chance this happens) to recommend its revocation. However, the Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review, which could go , and which may find that this clause is a basic feature of the relationship (accession) between the State and the Centre and cannot be amended. 

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8 minutes ago, Mariyam said:

Clause 3 of the article states:

The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.

 

Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing (fat chance this happens) to recommend its revocation. However, the Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review, which could go , and which may find that this clause is a basic feature of the relationship (accession) between the State and the Centre and cannot be amended. 

Obligatory "not a lawyer" disclaimer, but I read this is as possible procedurally, but the unwritten norm would be to make such a declaration only if the political and parliamentary consensus is already in place.  

 

Sadly, norms and protocol that are not explicitly and legally required seem to be under threat in the age of Trump and Modi.  

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23 hours ago, gs said:

Granted article 370 is a tougher nut to crack, but 35A could have been done with a constitutional amendment for which the NDA had the requisite majority and a willing president (both Mukherjee and Kovind). What was lacking was the initiative. Somehow in the euphoria of the airstrikes this was forgotten.

 

Constitution has been amended numerous times as its a living document. Not sure what the mental block is to amend it to correct the historic wrongs.

There is Court cases. Recently HC judge who gave verdict that Article 370 can not be ameded joined National Conference.

 

Article 35A is with Supreme Court. 

Repeal of article 370 requires J&K to agree. However 35 A can be repealed.

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1 hour ago, Mariyam said:

Clause 3 of the article states:

The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.

 

Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing (fat chance this happens) to recommend its revocation. However, the Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review, which could go , and which may find that this clause is a basic feature of the relationship (accession) between the State and the Centre and cannot be amended. 

What about chaging the regional Headcount of J&K assembly? IE more members from Laddkh and Jammu zone. Once in minority, in assembly, tune will automatically change. How difficult is that to achieve?

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46 minutes ago, sandeep said:

Obligatory "not a lawyer" disclaimer, but I read this is as possible procedurally, but the unwritten norm would be to make such a declaration only if the political and parliamentary consensus is already in place.  

 

Sadly, norms and protocol that are not explicitly and legally required seem to be under threat in the age of Trump and Modi.  

What paper Pakistan signed for PoK. Once India becomes self reliant, it can simply put Article 370 in toilet roll.

I have allways maintained, Life of Islamic acceptance ( what is considered Inhuman in modern standards) is not beyond life of Oil. All this global Chewtiyap is fast nearing to its end of shelf life.

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On 4/9/2019 at 2:40 PM, Mariyam said:

Clause 3 of the article states:

The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.

 

Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing (fat chance this happens) to recommend its revocation. However, the Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review, which could go , and which may find that this clause is a basic feature of the relationship (accession) between the State and the Centre and cannot be amended. 

SInce there was Prez rule, it represented the Constituent Assembly and recommended or approved the abrogation of the articles. Maamla fit.

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One of the major action point has been achieved by BJP. It is good to see some party taking the manifesto seriously and executing the manifesto as that is the basis on what people vote for. Once the voter base sees major manifesto targets being met, it will undoubtedly improve the electoral results in the party's favor in next elections.

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On 5/26/2019 at 5:25 PM, Straight Drive said:

Now that people have voted for BJP, all eye will be whether BJP can fulfill the promises and manifesto.

 

1. $1 .44 Trillion plus expense on infrastructure.

 

2. Exports to be double.

 

3. Tax cuts for middle class.

 

Do mention if any have been missed.

 

1. Will be announced in budget. I think Modi gov will invest in infra as a means to boost economy. Forex reserves will be used

 

 

 

2. I dont think will happen as global trade is in decline due to trade spats. Will take china usa agreement 

 

 

 

3. Probably wont happen in this budget. Will mostly happen 2 years before next ge. But goi needs to stabalise revenues 

 

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14 hours ago, G_B_ said:

1. Will be announced in budget. I think Modi gov will invest in infra as a means to boost economy. Forex reserves will be used

 

 

 

2. I dont think will happen as global trade is in decline due to trade spats. Will take china usa agreement 

 

 

 

3. Probably wont happen in this budget. Will mostly happen 2 years before next ge. But goi needs to stabalise revenues 

 

If CAA passes, expect uniform civil code in 2023-24

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