India announces division of the state into two parts, ending Article 370 on the semi-autonomous status of occupied Kashmir and presidential decree 35A relating to the state subject.
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India announces the partition of the state into two parts, ending Article 370 on the semi-autonomous status of occupied Kashmir and presidential decree 35A relating to the State subject. As a result, occupied Kashmir will no longer be called a state but a federal territory, it will have a legislative assembly and Ladakh has been designated as a federally administered territory, which will be law-free.
Indian Home Minister Amit Shah presented a bill to abolish Kashmir’s special status in Parliament (Rajya Sabha). Legislation will be enacted on this bill, which, after its approval, will completely derail Kashmir’s special status, then there will be bringing people from India and settling in Palestinian style. Prior to India’s decision, more than 35,000 paramilitary troops were deployed to suppress resistance and protests in the Valley of Kashmir. The Air Force also issued a stay order and a record of mosques in the valley was also collected. At the same time, the Home Department issued a notice to tourists and travelers coming from overseas to return to Kashmir as soon as possible. Earlier, more than 7 million Indian troops were already here to launch the Kashmir movement. According to Tariq Ali Mir, a journalist based in Srinagar, the number of police and paramilitary personnel (CRPF) in each police station in the valley is uniform. So that measures can be taken to prevent potential resistance.
What is Section 35A?
Under Article 370 of the Constitution of India, the State of Jammu and Kashmir has a special status in the Constitution of India,
Accordingly, defense of the state, foreign affairs and overseas travel is the responsibility of India.
In addition, the Indian state is not authorized to challenge any constitutional issue of Jammu and Kashmir or to legislate in relation to the state.
Apart from the above mentioned three matters, all other matters pursuant to the Constitution of India are under section 370.
Similarly, according to Section 35A, only State residents of the State of Jammu and Kashmir can have permanent residence,
Non-state residents can create property, vote or get jobs in Jammu and Kashmir.
Residents of the state have the right to vote, get employment within the state, and have permanent residence.
Section 35A was in fact a law endorsed by Dogra Maharaja Hari Singh in 1927 for several reasons.
One of the reasons was that the Kashmiri Pandits protested that Punjabi and other non-state residents were being dominated by government jobs, which was affecting the representation of the Pandits. Kashmiri Muslims were generally illiterate in their education and government jobs, so it didn’t matter to them.
The second reason was that the landowners of East Punjab married the Kashmiri girls and demanded ownership of the land. And the third important reason was the Maharaja’s fear that the British officers would not take permanent residence in Kashmir, because Kashmir and England had a very similar climate. This is a brief introduction to the Indian Constitution of Occupied Kashmir and a brief introduction to Article 35A of the Constitution which made it easier to understand the actual situation.
When was the conspiracy against Section 35A made and what position was taken? According to the latest situation, the ruling party of India is eager to abolish this Act by amending the constitution by bringing a bill to Parliament. The think tank of Jammu and Kashmir Study Center Delhi used by the Hindu Communist Party of Kashmir on August 19, 2014, two months after the formation of the government during the last tenure in India used we the People. The Supreme Court of India filed a petition challenging the constitutional status and identity of the state of Jammu and Kashmir (State object role) in which the organization has taken the stand that Article 35A of the Constitution violates the rights of the people of India.
Jammu and Kashmir Study Center Delhi has filed a petition in the case. That he wants to rectify the error of his former president in 1954. According to the petitioner, the former President made a mistake by signing a draft prepared for Kashmir without informing the Indian Parliament, therefore, on the recommendation of the Jammu and Kashmir Study Center, this Act 35A should be declared invalid.
The Supreme Court also issued notices to the state and central governments on which the state government also defended and gave legal arguments. However, Delhi has not yet responded to the notice. On this, Rahbar wrote on Saturday that the central government feels it was not submitted
Delhi does not want to be a party in this case and the court was given the freedom to make a unilateral decision. The court has not yet ruled on the constitutional petition.
Similarly, in 2015, with the help of the PDP, the BJP started a conspiracy against the special status by becoming an ally in the Jammu and Kashmir Assembly. The People’s Democratic Party united with the BJP to form a government in Kashmir in 2015 on the condition that Kashmir’s special status would not be removed from Article 370. However, the BJP, acting cleverly, passed the GST Bill from the Kashmir Assembly, leaving many local and financial powers to the center.
When and how did Kashmir become a part of the Constitution of India?
The constitution of Kashmir (Article 370 14) was made in May 1954 with the signing of the Constitution of the President of India. The first Occupied Kashmir Assembly, formed in 1951, formed part of the Indian Constitution relating to Kashmir. Iftikhar Gilani writes that the Kashmir constitution was also drafted by an assembly whose fact and status was opened by the then intelligence chief BN Malik himself. According to him, the nomination papers of candidates who were capable of playing the role of the opposition were rejected. This fact makes it clear that the endorsement of the affiliation document and the approval of the Kashmir constitution had no public support.
Nevertheless, in the last 69 years, the Indian governments have so severely distorted Article 370 that their true face is no longer visible. On many occasions, the Kashmiri leaders themselves, while not considering their self-respect, paved the way for these constitutional violations. Iftikhar Gilani further writes that if it is said in a way that the provisions of this Constitution provided to the Kashmiris to avoid political clutter, they have all come down and now only a good deal is left in the case of Section 35A. Will not be ignorant now the communal elements are now playing a dirty game to take down this noble, auction the dignity of the Kashmiris and convert them into a minority in their own homeland, for which the judicial system was first resorted to and now the parliament is supported. Has been abolished by presidential decree.
What are the implications of deleting this section?
The cancellation of Sections 370 and 35A will radically alter the demographic and religious situation in occupied Kashmir. The Muslim-majority status of occupied Kashmir will be abolished and non-Muslims and non-Kashmiris will be settled there. It was only when the matter went to court that Congress leader Saifuddin Soz said that it was a surprise for him to approve the petition by the Supreme Court for hearing. And the RSS also remembered 61 years later that the President made a mistake in India and that the mistake should be corrected. If this article were omitted, the consequences would be far more dangerous than the abolition of Article 370. Even yesterday, Congress leader Ghulam Nabi strongly condemned the government’s decision, saying that the BJP had killed the constitution today.
In 1948, a white paper was issued by the Indian government on Jammu and Kashmir, which contains the statement of Sardar Patel: Acknowledging the affiliation, the Government of India has made it clear that it considers it temporary, unless its opinion will be known to the people of the state. According to an Indian politician, Jinn Singh’s founder Shyama Prasad Mukherjee (whose name the BJP leans against when it opposes Article 370) was fully supported. Kashmir was the only state that negotiated with the government on its terms for affiliation. It was not annexed to India but rather annexed, so Article 370 is a sacred treaty between them. Which no party can unilaterally amend.
The Weekly Leader wrote in his article interesting comment that if the court canceled Article 35A
So close to 50 other presidential decrees that were issued illegally and illegally and if all of this goes away, then the talk will reach the affiliation of 1947 which would be a serious situation for Delhi. One aspect of this situation also arises if the special status of Kashmir is eliminated without division.
So, because of the temporary relationship, Kashmir will end its relationship with India and India will have to leave Kashmir.
What effect will the elimination of provisions have on Kashmir issue?
In the context of UN resolutions, India and Pakistan can give any setup to Kashmir in terms of management. However, the abolition of these provisions will deteriorate the Kashmir’s population ratio and, if polls are held, India can achieve its desired results. According to UN resolutions, only people who are residents of Kashmir can vote. And the Kashmirian identity is a state-of-the-art project that India is ending. In such a case, when will the polls be based on the recognizable grounds of Kashmiris? This will be a big question for the United Nations.
How will Article 370 be amended?
This section will be amended by a two-thirds majority from the Indian Parliament if approved. So after that it will be ratified by the Jammu and Kashmir Assembly and then President India will sign it. Now, the President has approved the bill to be presented to Parliament, which has yet to be legislated. Currently, there is no assembly in Kashmir due to lack of elections. The system is being run by Governor Raj and then by Presidential Raj.
Current situation and political parties:
The current situation has seen a lot of reaction from the pro-Indian political parties in Kashmir and Farooq Abdullah and Mehbooba Mufti also held an All Parties Conference in which they issued a strong response to the abolition of special status. After the conference, pro-Indian politicians in Kashmir were also detained in their residence. In the meantime, the Valley has shut down all cell phone services, Internet services and communications in order to prevent the reaction from being exposed to the world.
India’s decision led to strong statements by Congress and Kashmir’s political parties. Mehbooba Mufti says today that Kashmir leadership’s decision to affiliate India with India rejected the two-nation theory proved wrong. India’s unilateral decision is illegal and unconstitutional, today is the darkest day in the history of Indian democracy. Pakistan, on the other hand, feels its responsibility and the government is contacting various countries, because the moment has come for Pakistan’s decisive role in Kashmir.
