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Jammu and Kashmir News Updates: Amit Shah claims Article 370 'crushed democracy' in state; MEA briefs P5 nations on developments

Jammu and Kashmir News LIVE Updates: Home Minister Amit Shah claimed in the Rajya Sabha that Article 370 'crushed democracy' in Jammu and Kashmir and the Centre was revoking the Article to end bloodshed in the state. Meanwhile, the Ministry of External Affairs briefed the envoys of the US, UK, Russia, China, and France, on the developments related to the scrapping of Article 370.

FP Staff August 05, 2019 20:36:14 IST
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Jammu and Kashmir News Updates: Amit Shah claims Article 370 'crushed democracy' in state; MEA briefs P5 nations on developments

Highlights

16:07 (ist)

Centre wanted to scrap Article 370 in February, says report

According to a report by The Print, the Centre had decided in February to scrap Article 370. It was because of the 14 February Pulwama attack that the Narendra Modi government decided to postpone the move. The report quoted an MHA source source as saying that a decision to announce the plan ahead of the Lok Sabha election was taken during a meeting between then finance minister Arun Jaitley, BJP chief Amit Shah, former external affairs minister Sushma Swaraj and ex-home minister Rajnath Singh.

15:04 (ist)

Scrapping Article 370 'unconstitutional', 'deceitful' says AG Noorani

Calling it "utterly and palpably unconstitutional", constitutional expert A G Noorani, who has also authored books about Kashmir, including Article 370: A Constitutional History of Jammu and Kashmir, told Huffington Post India, "An unconstitutional deed has been accomplished by deceitful means. For a fortnight, the Governor and other people told a whole load of lies. And I am sorry that the Army Core Commander (Chief) was also enlisted to spread this false thing of inputs from Pakistan. It was all a falsehood. They have undermined the Army’s non-political character. This is patently unconstitutional. Now, this can go to the Supreme Court and no one knows how the Supreme Court will decide."

13:54 (ist)

What does Centre resolution on Article 370 mean?

 

  • The special status given through the Constitution to Kashmir has ended, the government said today after Home Minister Amit Shah informed parliament that Article 370 has been abolished with the President signing an order that comes into effect "at once."
  • The announcement came after Prime Minister Narendra Modi held a meeting of his Cabinet at his official residence on Monday morning.
  • Article 370 gives Jammu and Kashmir its own constitution and decision-making rights for all matters barring defence, communications and foreign affairs.
  • The removal of this part of the constitution ends special status for Kashmir, which was key to its accession to India in 1947.
  • The government has also said it wants parliament to clear a proposal that bifurcates the state of Jammu and Kashmir into two union territories which are effectively semi-states. Jammu and Kashmir would be one union territory with its own legislature, like Delhi; Ladakh would be the other but without its own assembly.
  • Shah said that the govt proposed for the UT status for Jammu and Kashmir on the basis of on an assessment of the "prevailing security situation" fueled by cross-border terrorism.
  • Article 370 made it necessary for the Centre to get the state legislature's approval for introducing any policies or constitutional powers to the state.? This, in turn, means that the Governor, who is being treated as the 'State' government at the moment, was able to move the resolution to the President. So, Article 370 will be abrogated by President order in conjunction with passage and ratification by Parliament by a simple majority.
13:03 (ist)

Creating the new Union Territory of Jammu and Kashmir doesn't change anything on the ground

Leaving aside all the Constitutional-ese, Article 370 was, in essence, a compact between the Kashmiri political élite and the Indian republic — in return for wide-ranging powers, the local élite agreed to Indian rule. Today, that deal has ended. This will have a number of consequences.

First, India has always governed in Kashmir through local parties. In 1953, when Sheikh Muhammad Abdullah was seen as supporting independence, he was arrested—but other local leaders, like GM Bakshi and GM Sadiq, came on board with India. Now, New Delhi is saying it doesn't need the help of a local élite and that it'll run the show directly, as a Union Territory. No-one can say predict how this will pan out.

Second, the bifurcation of Kashmir — many Ladakhis have wanted out of Jammu and Kashmir since at least 1964, when the regional leader Kushak Bakula led an agitation for a separate, centrally-administered province. The then prime minister Narasimha Rao conceded the region some autonomy in 1994. Now, it's become a Union Territory. Kargil's Shi'a always resisted this demand, fearing domination by Leh's Buddhists. The new UT will be walking a communal tightrope.


Third are the future plans. Creating the new Union Territory of Jammu and Kashmir doesn't change anything on the ground. The reason investment and migrants haven't flowed in isn't Article 370, it's because the economy, both agricultural and industrial, is a shambles. China ploughed in over $1 trillion into Xinjiang, where the unemployment rate is now below 3 percent. India doesn't have that kind of money, and then, there's the problem of Pakistan-based terrorism. For anything to really  change, terrorism has to end.

So, the net-net: There's no doubt today's decisions were a turning point in Kashmir. But we still don't know where things will turn to. Managed well, the government could break down identity politics, and spur on economic growth. Managed badly, it the entire political spectrum in Kashmir will unite against India —with fateful consequences.

10:53 (ist)

Centre likely to remove Article 35A, Article 370

According to the CNN-News18, Centre is mostly likely to revoke both Article 35 A and Article 370. 

What is Article 35 A

Incorporated in the Constitution by a 1954 Presidential order, Article 35A confers special rights and privileges upon the citizens of Jammu and Kashmir and prohibits people from outside the state from buying/purchasing any immovable property in the state. The article authorises the state's legislature to define "permanent residents" of J&K and provide them with notable benefits exclusive only to them. Meanwhile, Article 35A proscribes non-permanent residents from permanently settling in the state, buying immovable property, acquiring land, applying for government jobs, any kind of scholarships and aids and other public welfare projects.

What is Article 370 

This Article specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the Instrument of Accession), the Indian Parliament needs the state government's concurrence for applying all other laws. Thus, the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.


Similar protections for unique status exist in tribal areas of India, including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. However, it is only in the case of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan, still on the agenda of the UN Security Council and where the Government of India vide 1974 Indira-Sheikh accord committed itself to keeping the relationship between the Union and Jammu and Kashmir within the ambit of this Article.

10:05 (ist)

Rajya Sabha to discuss Kashmir starting 11 am

According to the latest reports, Rajya Sabha will discuss the Kashmir situation at 11 am today. Senior Congress leaders Ghulam Nabi Azad, Anand Sharma, Ambika Soni, and Bhubaneswar Kalita had given Adjournment Motion notice in Rajya Sabha over Kashmir issue. Lack of clarity by the Government of India over the current Kashmir situation has come under severe criticism especially after three mainstream and top state leaders, Mehbooba Mufti, Omar Abdullah and Sajad Lone, were put under house arrest on Sunday night. 

LIVE NEWS and UPDATES

Aug 05, 2019 - 19:58 (IST)

Mehbooba Mufti detained

According to several reports, PDP president Mehbooba Mufti has been detained in Kashmir following the scrapping of Article 370.

Aug 05, 2019 - 18:30 (IST)

Rajya Sabha passes Jammu and Kashmir Reservation Bill

Aug 05, 2019 - 18:24 (IST)

Look at how states are different from UTs

Aug 05, 2019 - 18:22 (IST)

UT status not permanent for Jammu and Kashmir, says Amit Shah

Home Minister Amit Shah said in the Rajya Sabha that the Union Terrority status is not permanent with respect to Jammu and Kashmir and 'state' status will be restored once peace returns in the region. "I hope that we rise above vote-bank politics," he said, asking for support from other parties.

Aug 05, 2019 - 18:17 (IST)

Issue over president's order on scrapping Article 370

The Constitution (Application to Jammu and Kashmir) Order, 2019 given by President Ram Nath Kovind said that the president "in concurrence of the government of state of Jammu and Kashmir" is making the order. Since the state was under President's Rule and had the governor acting as the head of the state, there is confusion over how the order claimed to have been made with the agreement of the state government. Since the governor acts on the advice of the Central government, the move to repeal Article 370 has entirely been taken by the Central government.

Aug 05, 2019 - 17:56 (IST)

Union Territories with and without legislatures

Aug 05, 2019 - 17:52 (IST)

Article 370 responsible for Jammu and Kashmir's poverty, claims Amit Shah

Home Minister Amit Shah claimed in the Rajya Sabha that Article 370 "crushed democracy" in Jammu and Kashmir and the Centre was revoking the Article to end bloodshed in the state. He said that Article 370 is the reason terrorism existed, hampering development in Jammu and Kashmir. He also called it anti-women, and anti-Dalit. "Article 370 is responsible for Jammu and Kashmir's poverty," he claimed.

Aug 05, 2019 - 17:32 (IST)

Resolution to scrap Article 370 to be tabled in Lok Sabha tomorrow

Home Minister Amit Shah briefed the Lok Sabha on the Jammu and Kashmir Reorganisation Bill, after which a voice vote favoured the tabling of the Bill on Tuesday.

Aug 05, 2019 - 17:19 (IST)

Move to scrap Article 370 isn't rabbit from a magic hat: Sitharaman

As several Opposition parties sought to know in the Rajya Sabha why the ruling BJP was in a hurry to scrap Article 370, Nirmala Sitharaman defended the Centre's stand. She said, "It is something the country has been waiting for the last 70 years. Even our manifesto mentioned the need to abrogate Article 370, so it is not something we brought out suddenly like a rabbit from a magic hat."

Aug 05, 2019 - 17:04 (IST)

MEA briefs P5 nations on scrapping of Article 370

The Ministry of External Affairs is briefing the envoys of the US, UK, Russia, China, and France, reported CNN-News18 on the developments related to the scrapping of Article 370. The briefing is only to avoid any misunderstanding and inform them about the processes following by the Parliament.

Jammu and Kashmir News LATEST Updates: Home Minister Amit Shah claimed in the Rajya Sabha that Article 370 "crushed democracy" in Jammu and Kashmir and the Centre was revoking the Article to end bloodshed in the state. Meanwhile, the Ministry of External Affairs briefed the envoys of the US, UK, Russia, China, and France, on the developments related to the scrapping of Article 370.

According to a report by The Print, the Centre had decided in February to scrap Article 370. It was because of the 14 February Pulwama attack that the Narendra Modi government decided to postpone the move. The report quoted an MHA source source as saying that a decision to announce the plan ahead of the Lok Sabha election was taken during a meeting between then finance minister Arun Jaitley, BJP chief Amit Shah, former external affairs minister Sushma Swaraj and ex-home minister Rajnath Singh.

NSA Ajit Doval is expected to visit Kashmir on Monday, along with other senior security officials, to review the situation on ground. In Rajya Sabha, Samajwadi Party's Ram Gopal Yadav asked why the Central government did not consult stakeholders. He asks why the State had to be split into Union Territories. He asked the AAP why they were supporting the resolution and sought to know why Home Minister Amit Shah was in a hurry to pass the resolution.

The BJP-led Union government has been continuously treating Parliament as a rubber stamp and undermining the sanctity of Supreme Court judgments as well. Article 370(3) says that President may, by public notification, declare that Article 370 ceases to operate provided that recommendation of Constituent Assembly is necessary. But Supreme Court had earlier stated that Article 370 has become a permanent part of Constitution of India, cannot be abrogated and since Constituent Assembly doesn't exist anymore, the mandatory provision of getting its recommendation cannot be fulfilled.

In Parliament, Amit Shah argued that Constituent Assembly means the State Assembly of Jammu and Kashmir and since Jammu and Kashmir is under President Rule right now, all powers of State Assembly will vest with Parliament. Even so, the President brought out the notification even before Parliament, which includes both Houses, could recommend the same, reducing the passage of this resolution to a mere formality.

"Pakistan strongly condemns and rejects the announcements made today by the Indian Government regarding the "Indian Occupied Jammu and Kashmir". The "Indian Occupied Jammu and Kashmir" is an internationally recognised disputed territory. No unilateral step by the Government of India can change this disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions. Nor will this ever be acceptable to the people of Jammu and Kashmir and Pakistan. As the party to this international dispute, Pakistan will exercise all possible options to counter the illegal steps. Pakistan reaffirms its abiding commitment to the Kashmir cause and its political, diplomatic and moral support to the people of "Occupied Jammu and Kashmir" for realisation of their inalienable right to self-determination," said the official statement from Pakistan Ministry of Foreign Affairs.

Historian Ramachandra Guha likened the current President's move to one of his predecessor's — that of Fakhruddin Ali Ahmed. "President Kovind does a Fakhruddin Ali Ahmed," Guha tweeted. Ahmed was the President when Emergency was imposed by the then prime minister Indira Gandhi. On the night of 25 June,1975, Fakhruddin Ali Ahmed declared a state of Emergency after a hush hush meeting with Indira Gandhi earlier in the day.

Emergency was approved without discussion with the Parliament or even the Cabinet of ministers. Many years on, Ahmed has been criticised as acting like a mere 'rubber stamp' for the whims of Indira Gandhi. Guha hinted President Kovind has just done the same.

Slamming the NDA government for passing the resolution on Article 370 in Rajya Sabha, MDMK chief Vaiko said, "You have played with the sentiments of people of Kashmir. When additional army personnel were deployed there, I was worried. Kashmir should not become Kosovo, East Timor and South Sudan. I am opposing this Bill (Article 370). This is a day of shame, shame, shame...this is murder of democracy."

Indian Army and the Indian Air Force have been put on high alert today following the scrapping of Article 370 and other decisions announced by Government in Parliament. While Shiv Sena and a few other NDA allies have welcomed the decision, JD(U) has vehemently opposed it.

Soon after home minister Amit Shah announced in Rajya Sabha that the state of Jammu and Kashmir will be bifurcated, revoking Article 370, and the Jammu and Kashmir region will be an Union Territory with a legislature, political leaders from across the spectrum reacted to it. Calling it a "monumental decision", former finance minister Arun Jaitley said, "The decision of the government will help the people of J&K the Most. More investment, more industry, more private educational institutions, more jobs and more revenue. While the Article 370 and Article 35A decision benefits the residents of J&K the most, the Kashmir regional leaders feel that they will not be able to whip up the fake issue of ‘sentiment vs. benefit’ to the people."

Livid over the reports of Indian government revoking Article 370, former CM Mehbooba Mufti asked What did Jammu and Kashmir get for acceding to India. According to the former chief minister, the move by the Centre will cause probably another "partition along communal lines". "Our special status isn’t a gift bestowed upon us. Its a right guaranteed by the same in parliament. A contract entered into by J&K leadership & India. Today the very same contract has been violated," Mufti tweeted.

Home Minister Amit Shah announces that Article 370 that grants Jammu and Kashmir special status will be revoked amid major ruckus in the Rajya Sabha. Under the proposed law, Jammu and Kashmir will now be a Union Territory now with legislature, and not a state. Ladakh to be a Union Territory without legislation.

Congress members Ghulam Nabi Azad and Trinamool Congress leader Derek O'Brien opposed the tabling saying that the members of the Opposition benches should be informed about bills that are being taken up for consideration in the Parliament.

While Jammu and Kashmir has been put under unprecendented lockdown amid security crises, home minister Amit Shah will address the Parliament today — Rajya Sabha at 11 am, Lok Sabha at 12 — over the prevailing situation in Valley. BJP has also issued whips to all its MPs to be present at the Parliament today.

After the cabinet security meeting, full cabinet meeting is currently underway at the prime minister's residence at 7, Lok Kalyan Marg. According to reprots, the Cabinet will apprise the senior leaders and ministers of the situation in Jammu and Kashmir and what the government is planning to do going ahead.

Congress MPs Ghulam Nabi Azad, Anand Sharma, Ambika Soni, and Bhubaneswar Kalita have given Adjournment Motion notice in Rajya Sabha over Kashmir issue. Apart from them, Lok Sabha members Manish Tewari, Adhir Ranjan Chowdhury and K Suresh have also given adjournment motion notice to the House. AIMIM MP Asaduddin Owaisi has given Adjournment Motion Notice in Lok Sabha over Kashmir issue.

Opposition leaders in Rajya Sabha will meet at 10 am today in Leader of Opposition in Rajya Sabha Ghulam Nabi Azad's chamber inside Parliament. Kashmir issue will be taken up in the meeting, ANI has reported.

After the cabinet security meeting, full cabinet meeting is currently underway at Prime Minister's Narendra Modi's residence at 7, Lok Kalyan Marg. According to reprots, the Cabinet will apprise the senior leaders and ministers of the situation in Jammu and Kashmir and what the government is planning to do going ahead.

Union Cabinet meeting has been scheduled for 9.30 am today. It comes in the backdrop of mainstream Jammu and Kashmir leaders — National Conference’s Omar Abdullah, Peoples Democratic Party chief Mehbooba Mufti and Jammu and Kashmir People's Conference chairman Sajad Lone — being placed under house arrest on Sunday night.

All means of communications have been snapped in Jammu and Kashmir, more journalists confirmed on social media. Even TV networks and landlines are not working.

According to CNN-News18, Prime Minister Narendra Modi is meeting with home minister Amit Shah and National Security Advisor Ajit Doval at the prime minister's residence. Cabinet Committee Security meeting will be held at 9 am today, the channel further reported. Paramilitary forces have been deployed across Kashmir, while satellite phones have reached civil administration officials. On Sunday evening, a directory with the satellite numbers of administrative officials — deputy commissioners and senior police officers — appeared on social media.

A little while before he was placed under house arrest, National Conference leader Omar Abdullah tweeted: "I believe I’m being placed under house arrest from midnight tonight & the process has already started for other mainstream leaders. No way of knowing if this is true but if it is, then I’ll see all of you on the other side of whatever is in store. Allah save us."

Three of Jammu and Kashmir's most prominent politicians — Mehbooba Mufti, Omar Abdullah and Sajad Lone — were put under house arrest late Sunday night amid a massive security-built up in the state. The government on Monday imposed restrictions under Section 144 Code of Criminal Procedure (CrPC) in Srinagar district with effect from midnight, which shall remain in force till further orders.

Regarding the house arrest, police officials were quoted as saying by PTI that they would not be allowed to move out of their houses. However, no official confirmation was immediately available. There will be a complete bar on holding any kind of public meetings or rallies during the period of operation of this order.

Jammu and Kashmir News Updates Amit Shah claims Article 370 crushed democracy in state MEA briefs P5 nations on developments

Representational image. Reuters

Identity cards of essential services officials will be treated as movement passes wherever required.

"It should be noted that there will be no curfew in place as reported in a section of the media," the government order read.

Meanwhile, mobile internet services were partially suspended in the Kashmir Valley on Sunday, in view of the prevailing security situation in the region in recent days.

This comes three days after the Indian Army had said that Pakistani terrorists are plotting to carry out an attack on the ongoing Amarnath Yatra and that the security forces have recovered a Pakistan Ordnance Factory anti-personnel mine from a terror cache.

With inputs from agencies

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