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

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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.

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.

Union Territories with and without legislatures

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.

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.

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.”

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.

WATCH | BJP workers celebrate in Leh on Centre’s resolution to revoke Article 370

Scrapping of Article 370 has been part of BJP’s core ideology, says LK Advani

Soon after the central government scrapped Article 370 of the Constitution, veteran BJP leader LK Advani said that it’s a “bold step towards strengthening national integration.”

“I am happy with the government’s decision to revoke Article 370 and I believe that it is a bold step towards strengthening national integration,” Advani said in a statement. “The scrapping of Article 370 has been a part of BJP’s core ideology since the days of Jan Sangh. I congratulate the Prime Minister Narendra Modi and the Home Minister Amit Shah for this historic initiative and pray for peace, prosperity and progress in Jammu, Kashmir and Ladakh,” he added.

Army deployed in Jammu as precautionary measure

Six columns of the Indian Army’s Tiger Division have been deployed in Jammu city on Monday to maintain law and order after the Centre revoked Article 370, which gave special status to Jammu and Kashmir.

A police officer said the army personnel were deployed in sensitive localities of the city as a precautionary measure. The situation across Jammu region is well under control and there was no report of any untoward incident from anywhere, the officer said.

The roads wore a deserted look with shops and business establishments closed as all the main roads were closed with barbed wire.

PTI

Why are you in a hurry, Kapil Sibal asks NDA govt in Rajya Sabha

Senior Congress leader Kapil Sibal lashed out at the NDA in Rajya Sabha. “You don’t want to debate (on the resolution on Article 370). Why are you in such a hurry? Did you hold any consultations with any stakeholders? Because you have the numbers in the House, this is your meaning of democracy? You talk about ‘sabka sath, sabka vishwas, sabka vikas’. But you will walk alone just because you have the numbers? If you think this is a historic day, then I feel you will also see many such historic days in the future. We will stand here and protect the Constitution,” he said.

Left parties protest in Delhi

CPM shared visuals from a protest in Delhi organised by the Left parties against the “murder of democracy” in Jammu and Kashmir. It said, “We denounce measures taken by Modi government. They are illegal and unconstitutional. This is not an issue confined to Jammu and Kashmir alone; they constitute an attack on democracy, secularism and Constitution.”

Scrapping Article 370 unilaterally is against Constitution’s essence, says Amarinder Singh

On Article 370, Punjab chief minister Amarinder Singh said, “You can bring it to Parliament, you can have a discussion, if two-third majority is available in both Houses then you change the Constitution, you can do away with Articles 35A, 370 or whatever. But doing it unilaterally like this, without consultation with Kashmiri people, political parties or without taking it through Parliament, this is against the very essence of the Constitution.”

FirstCut by Manjul

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.

What scrapping Article 370 means for Kashmir and India

Article 370 is what mainly allowed Kashmir’s accession to India as it guaranteed special status to the Valley and gave Jammu and Kashmir exemption from the Indian Constition. The scrapping of Article 370 would affect the political status of the state. India was a legitimate power in Jammu and Kashmir because of this Article. Once it’s gone, India will be reduced to an occupational force in the region.

You can’t use Article 370 to modify Article 370: Chidambaram

During the debate on the resolution in Rajya Sabha, Senior Congress leader P Chidambaram, “You cannot modify Article 370 by an order under Article 370. It enables ou to modify such other provisions under the Consitution. It’s beyond my comprehension to understand how you can modify the Article… I know this is your manifesto promise. You said you will repeal Article 370. But in repealing Article 370, you are unleashing forces which you cannot control.” 

He further said: “Momentarily you may think you have scored a victory, but you are wrong and history will prove you to be wrong. Future generations will realise what a grave mistake this House is making today.”

SP opposes bill, NCP likely to abstain from voting

BSP, AAP, AIADMK, TDP, BJD and YSRCP have announced support for the Central government on the resolution on Article 370 in Rajya Sabha, While Samajwadi Party (SP) has opposed the bill, BJP’s ally JDU staged a walkout. Meanwhile, NCP said is will abstain from voting on the resolution.

NSA Ajit Doval likely to visit Valley today

According to reports, NSA Ajit Doval is expected to visit Kashmir on Monday, along with other senior security officials, to review the situation on ground. Doval had visited Srinagar last week ahead of the Centre’s announcemnet on its decision to revoke Article 370.

Why didn’t Centre consult stakeholders, asks Ram Gopal Yadav

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.

Pakistan will exercise all possible options to counter the illegal steps, says ruling PTI

Pakistan’s ruling Pakistan Tehreek-e-Insaf (PTI) condemned the announcements made by India on abolishing Article 370, saying that no unilateral step by the Government of India can change this disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions. “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 realization of their inalienable right to self-determination,” it said.

Benefits of removing Article 370: Social amalgamation will reduce the threat of militancy

According to the MHA’s publication, some of the biggest advantages of abolishing Article 370 are as follows:

1. The state, upon removal, will prosper economically and socially.
2. Social amalgamation will reduce the threat of militancy.
3. Kashmir could be one of the top tourist destinations after complete development.
4. It will also prove to be good diplomacy to deal with Pakistan over territorial disputes.
5. It will politically give chance to all parties to rule the state and allow its development.

The problem with Article 370

The MHA leaflet notes that the rise of unemployment and terrorism in Jammu and Kashmir are consequences of Article 370’s existence. It states that “because of Article 370, there are very less industries, which is directly related to employment. This means that because of this provision, people have to migrate to other states in search of jobs. Also it has become a terrorist prone region because of this Article. Due to Article 370, RTE, RTI, CAG and many Indian laws aren’t applicable in Kashmir which has a situation of corruption.”

The biggest sticking points of this contentious part of the Indian Constitution, as spelled out by the document are as follows:

1. Indian Parliament cannot make any law without the consent of state Assembly;
2. Jammu and Kashmir has its own flag and constitution;
3. President’s Rule cannot be proclaimed in that state — only Governor’s Rule can be imposed;
4. Jammu Kashmir has its own criminal code which is named the Ranbir Penal Code

MHA outlines rationale for ending Jammu and Kashmir’s special status in booklet

Senior home ministry officials privately distributed a leaflet among some journalists that outlines the rationale for abolishing Article 370, stating, “[T]he provision empowering the state with ‘special’ status has always been the elephant in the room. Jammu and Kashmir, along with its sensitive topography, appears like a foreign policy issue, instead of a domestic one due to its status in our Constitution. There exists an unnecessary chasm between citizens of Kashmir and the rest of India.”

The leaflet, that also elaborates on why Article 35A must be abrogated, argues that ’the Constitutional relationship of India with [Jammu and Kashmir] has been adversely lopsided’ and that positive discrimination in Kashmir has tended to be ‘insidious’. Read full story here

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.”

No legal, constitutional fault in Centre resolution on Article 370: Constitution expert 

Constitution expert Subhash Kashyap spoke to ANI on Article 370 and said that constitutionally the resolution is sound. “No legal and constitutional fault can be found in it. Government has carefully studied the matter. As for the question, if it’s a political decision, I have nothing to say on that.”

Welcome courageous step by govt: RSS

Rashtriya Swayamsevak Sangh (RSS) welcomed Centre’s resolution revoking Article 370 from Jammu and Kashmir: We welcome the courageous step by government. This was very essential for the interest of Jammu and Kashmir as well as the entire country. Rising from selfish motives and political differences, everyone should welcome and support this move."

BJP reduced the passage of Article 370 a mere formality in Parliament, here’s how

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.

Jammu and Kashmir internationally-recognised disputed territory, no unilateral step can change this disputed status: Pakistan

“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.

MHA puts all states on maximum alert after Centre resolution on Article 370

In an advisory issued to the chief secretaries, directors-general of police of all states and Union territories and commissioner of police of Delhi, Joint Secretary SCL Das said that in the wake of “some important decisions” taken concerning Jammu and Kashmir, “it is essential that this occasion is not allowed to be misused by inimical and anti-social elements to cause breach of security, peace and public harmony in any part of the country. 

Stressing on the need for immediate instructions be issued to security and law enforcement agencies in all states, the joint secretary said “put them on maximum alert so as to pre-empt and prevent any breach of security or public order”.

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.

Ramachandra Guha likens President Kovind to President Fakhruddin Ali Ahmed, who passed the Emergency order in 1975

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.

How did BJP pass resolution on Article 370

President under the Article 370, Section (3) can issue a proclamation to annul Article 370 with concurrence Jammu and Kashmir constituent Assembly. Ram Nath Kovind today issued a proclamation that since constituent assembly no longer remains, so Jammu and Kashmir Assembly would mean same. Since there is no Jammu and Kashmir Assembly as of today, hence all powers of the state assembly reside in two Houses of Parliament. Hence, annulling Article 370 can be done with concurrence of simple majority of both houses of Parliament (and not 2/3rd).

Won’t have Bills with clause that says ’this is not applicable to the state of Jammu and Kashmir: Swapan Dasgupta

In Rajya Sabha, Swapan Dasgupta (nominated) says it is a proud moment for the country. In future we will not have Bills with clause that says ’this is not applicable to the State of Jammu and Kashmir.’ “We have made all citizens of the country equal. We have established the sovereignty of the Indian parliament to the whole of India,” he says and lauds the Prime Minister and Home Minister.

Today it’s Kashmir, tomorrow Balochistan and PoK: Shiv Sena MP

“Aaj Jammu & Kashmir liya hai. Kal Balochistan, PoK lenge. Mujhe vishwaas hai desh ke PM akhand Hindustan ka sapna poora karenge,” (Today we took Jammu Kashmir, tomorrow we will take Balochistan and PoK. I am sure PM Modi will make the dream of Akand Hindustan come true), Sanjay Raut of Shiv Sena said in Parliament

Here are the political parties supporting Centre resolution on Article 370

BJD, YSRCP. BSP, AIADMK, Shiv Sena and BPF (Assam) have supported the Centre’s resolution on Article 370. BJD MP Prasanna Acharya in Rajya Sabha said, “In real sense today, Jammu and Kashmir has become a part of India. My party supports this resolution. We are a regional party but for us nation is first.”

AAP supports Centre’s resolution on Article 370

AAP, too, has extended its support to the Centre’s resolution on removing Article 370, with its chief Arvind Kejriwal stating that the party hopes “this will bring peace and development in the state.”