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Government set to abrogate article 370


Stradlater

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29 minutes ago, putrevus said:

I don't understand why is Pakistan so fussed about it.kashmir is part of India and Indian govt has every right to do what it feels is the best way to stop that bloody violence in that region.

Exactly, they snatched their part of Kashmir and better focus there.

 

Invite Mark Wiens and other phirangis who give a false impression of safety in Pakistan to Gilgit area and derive your satisfaction from there.

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1 hour ago, sarchasm said:

Expect this to be challenged in SC. FWIW, Article 370 has not been abrogated, that would have called for a constitutional amendment.

 

The government has brought about this presidential notification by invoking Clause 3 of Art. 370. This notification only needs to be ratified by a simple majority in both houses of the parliament. So Article 370 stands but voided of its contentious content.

 

An amendment was moved earlier by the GoI that vested the power in the Parliament to act in lieu and with all the powers of J&K State Constituent Assembly - a body that has long ceased to exist. This amendment was passed in both the house with majority and has not been questioned since - but that's probably because the opposition or anyone else did NOT see the long term plan of Modi.

 

So the question before our activist milords shall be whether the amendment introduced via the bill (call it a trojan horse) to provide for reservations in J&K constitutionally valid or not.

 

On Twitter I have been disappointed to see the interpretation adopted by a few of my teachers and colleagues.

after world wars lots of land borders where changed, political process at special times are sub servient to what dominant majority wants.

 

What is true is that when a teen from Kashmir can be given 500 rs to become a stone pelter and scores of them pick that up its time for change. 

 

anyway 303 to 362 how will BJP get there if there has to be a constitutional amendment, that is the next interesting question. Wish BJP got 362 seats, they will get it next time. 

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2 minutes ago, MechEng said:

Exactly, they snatched their part of Kashmir and better focus there.

 

Invite Mark Wiens and other phirangis who give a false impression of safety in Pakistan to Gilgit area and derive your satisfaction from there.

The so called PoK has its own Prime Minister. India has resolved Internal legal wrangling. Now it needs to put in place them terrorist.

Next step would be  for bilaterl talk between PM of PoK and India. Kashmir , whole of it was signed to India. Pakistan has occupied it by force.

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Just now, mishra said:

The so called PoK has its own Prime Minister. India has resolved Internal legal wrangling. Now it needs to put in place them terrorist.

Next step would be  for bilaterl talk between PM of PoK and India. Kashmir , whole of it was signed to India. Pakistan has occupied it by force.

That should be a priority much further in future. For now it's about having a strong foundation in J&K, it's a game of chess one step at a time.

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2 minutes ago, putrevus said:

How did this woman Mufti become CM.She is talking as if Kashmir was her grandfather's property.No wonder the Kashmir issue never got solved under leaderships of Muftis and Abdullahs.They made Kashmir into their own property.

It is actually. Abdullah Lone and Mufti own it

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6 hours ago, sarchasm said:

Expect this to be challenged in SC. FWIW, Article 370 has not been abrogated, that would have called for a constitutional amendment.

 

The government has brought about this presidential notification by invoking Clause 3 of Art. 370. This notification only needs to be ratified by a simple majority in both houses of the parliament. So Article 370 stands but voided of its contentious content.

 

An amendment was moved earlier by the GoI that vested the power in the Parliament to act in lieu and with all the powers of J&K State Constituent Assembly - a body that has long ceased to exist. This amendment was passed in both the house with majority and has not been questioned since - but that's probably because the opposition or anyone else did NOT see the long term plan of Modi.

 

So the question before our activist milords shall be whether the amendment introduced via the bill (call it a trojan horse) to provide for reservations in J&K constitutionally valid or not.

 

On Twitter I have been disappointed to see the interpretation adopted by a few of my teachers and colleagues.

Can an Article be amended by way of a Presidential Order under Article 370 (1) (d) and a whole new clause be inserted solely because the clause is limited in its application to the State of Jammu & Kashmir?

 

Could this be an issue in case the Executive Order is challenged before a Constitutional court?

 

Edited by Mariyam
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6 hours ago, sarchasm said:

Above all, this was a moral duty of the Indian state.

 

Imagine this, a kashmiri pandit girl, living in exile in delhi, marries a so-called non kashmiri citizen and loses all rights to property back home.

Why go that far. Farooq Abdulla's daughter relinquished all rights to her ancestral property once she married Sachin Pilot.

Twas a highly discriminatory piece of legislation that should have had no place in the Indian society.

 

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