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Debating Article 370 abolition acceptable in Parliament<\/span><\/h1>\nBy Priyadarshi Dutta<\/b>\u00a0on 4 Dec 2013<\/b><\/span><\/p>\n\nThe detractors of Modi have come out their guns blazing for his\u00a0 suggestion to revisit to the Article 370. Former Chief Minister of Jammu & Kashmir Farooq Abdullah, currently a Union Minister, has thumped\u00a0 that the Article 370 cannot be repealed even if Modi were to become\u00a0 Prime Minister 10 times. Abdullah, forgets that it is not the Prime\u00a0 Minister but the President who can repeal this particular Article\u00a0 through a public notification. The Article 370 falls under Part XXI of\u00a0 the Constitution of India comprising Article 369 to 392 (Articles 379 to 391 now repealed) titled Temporary, Transitional and Special\u00a0 Provisions. The actual title of the Article 370 is Temporary provisions\u00a0 with respect to the State of Jammu & Kashmir.<\/span><\/p>\nThe Constitution makers thus never envisaged it to be an article of\u00a0 faith. Article 370 (3) decrees \u2013\u2018Notwithstanding anything in the\u00a0 foregoing provisions of this article, the President may, by public\u00a0 notification, declare that this article shall cease to be operative or\u00a0 shall be operative only with such exceptions and modifications and from\u00a0 such date as he may specify\u201d. I do not begrudge Farooq Abdullah since\u00a0 the whole purpose of Article 370 was to establish a Sheikhdom. Jagmohan, former Governor of J&K, finds Article 370 perpetuating two-nation\u00a0 theory with Indian money. But why Sharad Yadav, former Convener, NDA\u00a0 want to give it a cosmic turn by claiming it cannot be amended even in\u00a0 100 lives?<\/span><\/p>\nHe forgets that Kashmir of Abhinavgupta and Shilbhadra which thought\u00a0 in cosmic terms was the springhead of India.Their ideological\u00a0 descendants are not demanding the retention of Article 370. It is\u00a0 Kashmiris who were Arabized due to cataclysmic process of history want\u00a0 Article 370 and even Azadi.<\/span><\/p>\nModi, however, has not committed a sacrilege by asking for a debate\u00a0 on Article 370. The issue has been raised in both Houses of Parliament\u00a0 on numerous occasions. Only last year the Lok Sabha admitted a Private\u00a0 Members Bill to phase out the Article 370. The Constitution (Amendment) Bill, 2011 <\/a>by Hansraj Gangaram Ahir was introduced in Lok Sabha on April 27, 2012.\u00a0 The Bill says that the provisions of Article 370, unless made\u00a0 inoperative sooner by the President, shall cease to have effect on the\u00a0 expiration of 62 years from the commencement of the Constitution. The\u00a0 Bill is pending in Lok Sabha.<\/span><\/p>\nWhy did the Speaker allow the Private Member Bill to that effect to\u00a0 be introduced? A Private Member Bill goes through the scrutiny of a\u00a0 Private Members\u2019 Bill and Resolution. Hansraj Gangaram Ahir is no doubt a BJP member. This Lok Sabha MP from Chandrapur (Maharashtra) along with\u00a0 party colleague Prakash Javadekar played the central role in exposing\u00a0 the Coalgate scam. But none of the existing members of the Private\u00a0 Members\u2019 Bill and Resolution Committee were from the BJP. Most of them\u00a0 were from the Congress. Interestingly, the ET Mohammed Basheer is a\u00a0 member of Indian Union Muslim League, Kerala.<\/span><\/p>\nOn December 10, 2012, the Lok Sabha also allowed a Special Mention\u00a0 under Rule 377 by Kirti Azad, BJP MP from Darbhanga on Article 370.<\/span><\/p>\n
\nMatters under Rule 377 in Lok Sabha<\/span><\/p>\nDecember 10, 2012<\/span><\/p>\nTitle: Need to review and amend Article 370 of the Constitution of India.<\/span><\/p>\nSHRI KIRTI AZAD (DARBHANGA): It has been enshrined in the\u00a0 Constitution of Jammu & Kashmir that it is an integral part of\u00a0 India, however, vested interests have steadily tried to alienate the\u00a0 State using Article 370. This Article is an additional Legislative\u00a0 mechanism that was badly conceived and has become irrelevant over the\u00a0 course of time. It has allowed State apathy to prevail with respect to\u00a0 status and empowerment of SC\/ST\/OBC\/women. The State has also relegated\u00a0 certain citizens of India residing in Jammu & Kashmir to the status\u00a0 of refugee. By doing this, the State has washed its hands off the\u00a0 responsibility of welfare of these individuals. A glaring example of\u00a0 State\u2019s blatant disregard of establishing an equitable society is its\u00a0 own citizenship law which overrides the laws of Indian Parliament.<\/span><\/p>\nAccording to this law, a female subject married to an Indian not from the State of Jammu and Kashmir loses her right to inherit property in\u00a0 the State, however, a male subject is free to marry anyone from any part of India or the world and be assured of his right to inherit property\u00a0 of his forefathers. This is not only in violation of basic human rights\u00a0 but also the UN Convention on Elimination of all Forms of Discrimination against women that India has signed and ratified.<\/span><\/p>\nArticle 370 has contributed to the alienation of State from the India and fanned separatist sentiments. Therefore, it is doing more harm than good to the people of the State and India at large.<\/span><\/p>\n
\nWhy hound Modi when it is perfectly acceptable to debate abolition of Article 370 in Parliament?<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n <\/p>\n
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\u092f\u0939\u00a0\u0915\u0939\u093e\u0901 \u00a0\u0915\u093e \u0928\u094d\u092f\u093e\u092f \u0939\u0948 \u0915\u0940 \u0905\u092c \u0939\u092e \u0938\u0902\u0938\u0926 \u092e\u0948\u0902 \u092c\u0939\u0938 \u0938\u0947 \u092d\u0940 \u0915\u0924\u0930\u093e\u0928\u0947 \u0932\u0917\u0947 \u0939\u0948\u0902… more
The detractors of Modi have come out their guns blazing for his\u00a0 suggestion to revisit to the Article 370. Former Chief Minister of Jammu & Kashmir Farooq Abdullah, currently a Union Minister, has thumped\u00a0 that the Article 370 cannot be repealed even if Modi were to become\u00a0 Prime Minister 10 times. Abdullah, forgets that it is not the Prime\u00a0 Minister but the President who can repeal this particular Article\u00a0 through a public notification. The Article 370 falls under Part XXI of\u00a0 the Constitution of India comprising Article 369 to 392 (Articles 379 to 391 now repealed) titled Temporary, Transitional and Special\u00a0 Provisions. The actual title of the Article 370 is Temporary provisions\u00a0 with respect to the State of Jammu & Kashmir.<\/span><\/p>\n The Constitution makers thus never envisaged it to be an article of\u00a0 faith. Article 370 (3) decrees \u2013\u2018Notwithstanding anything in the\u00a0 foregoing provisions of this article, the President may, by public\u00a0 notification, declare that this article shall cease to be operative or\u00a0 shall be operative only with such exceptions and modifications and from\u00a0 such date as he may specify\u201d. I do not begrudge Farooq Abdullah since\u00a0 the whole purpose of Article 370 was to establish a Sheikhdom. Jagmohan, former Governor of J&K, finds Article 370 perpetuating two-nation\u00a0 theory with Indian money. But why Sharad Yadav, former Convener, NDA\u00a0 want to give it a cosmic turn by claiming it cannot be amended even in\u00a0 100 lives?<\/span><\/p>\n He forgets that Kashmir of Abhinavgupta and Shilbhadra which thought\u00a0 in cosmic terms was the springhead of India.Their ideological\u00a0 descendants are not demanding the retention of Article 370. It is\u00a0 Kashmiris who were Arabized due to cataclysmic process of history want\u00a0 Article 370 and even Azadi.<\/span><\/p>\n Modi, however, has not committed a sacrilege by asking for a debate\u00a0 on Article 370. The issue has been raised in both Houses of Parliament\u00a0 on numerous occasions. Only last year the Lok Sabha admitted a Private\u00a0 Members Bill to phase out the Article 370. The Constitution (Amendment) Bill, 2011 <\/a>by Hansraj Gangaram Ahir was introduced in Lok Sabha on April 27, 2012.\u00a0 The Bill says that the provisions of Article 370, unless made\u00a0 inoperative sooner by the President, shall cease to have effect on the\u00a0 expiration of 62 years from the commencement of the Constitution. The\u00a0 Bill is pending in Lok Sabha.<\/span><\/p>\n Why did the Speaker allow the Private Member Bill to that effect to\u00a0 be introduced? A Private Member Bill goes through the scrutiny of a\u00a0 Private Members\u2019 Bill and Resolution. Hansraj Gangaram Ahir is no doubt a BJP member. This Lok Sabha MP from Chandrapur (Maharashtra) along with\u00a0 party colleague Prakash Javadekar played the central role in exposing\u00a0 the Coalgate scam. But none of the existing members of the Private\u00a0 Members\u2019 Bill and Resolution Committee were from the BJP. Most of them\u00a0 were from the Congress. Interestingly, the ET Mohammed Basheer is a\u00a0 member of Indian Union Muslim League, Kerala.<\/span><\/p>\n On December 10, 2012, the Lok Sabha also allowed a Special Mention\u00a0 under Rule 377 by Kirti Azad, BJP MP from Darbhanga on Article 370.<\/span><\/p>\n Matters under Rule 377 in Lok Sabha<\/span><\/p>\n December 10, 2012<\/span><\/p>\n Title: Need to review and amend Article 370 of the Constitution of India.<\/span><\/p>\n SHRI KIRTI AZAD (DARBHANGA): It has been enshrined in the\u00a0 Constitution of Jammu & Kashmir that it is an integral part of\u00a0 India, however, vested interests have steadily tried to alienate the\u00a0 State using Article 370. This Article is an additional Legislative\u00a0 mechanism that was badly conceived and has become irrelevant over the\u00a0 course of time. It has allowed State apathy to prevail with respect to\u00a0 status and empowerment of SC\/ST\/OBC\/women. The State has also relegated\u00a0 certain citizens of India residing in Jammu & Kashmir to the status\u00a0 of refugee. By doing this, the State has washed its hands off the\u00a0 responsibility of welfare of these individuals. A glaring example of\u00a0 State\u2019s blatant disregard of establishing an equitable society is its\u00a0 own citizenship law which overrides the laws of Indian Parliament.<\/span><\/p>\n According to this law, a female subject married to an Indian not from the State of Jammu and Kashmir loses her right to inherit property in\u00a0 the State, however, a male subject is free to marry anyone from any part of India or the world and be assured of his right to inherit property\u00a0 of his forefathers. This is not only in violation of basic human rights\u00a0 but also the UN Convention on Elimination of all Forms of Discrimination against women that India has signed and ratified.<\/span><\/p>\n Article 370 has contributed to the alienation of State from the India and fanned separatist sentiments. Therefore, it is doing more harm than good to the people of the State and India at large.<\/span><\/p>\n Why hound Modi when it is perfectly acceptable to debate abolition of Article 370 in Parliament?<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n <\/p>\n —<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" \u092f\u0939\u00a0\u0915\u0939\u093e\u0901 \u00a0\u0915\u093e \u0928\u094d\u092f\u093e\u092f \u0939\u0948 \u0915\u0940 \u0905\u092c \u0939\u092e \u0938\u0902\u0938\u0926 \u092e\u0948\u0902 \u092c\u0939\u0938 \u0938\u0947 \u092d\u0940 \u0915\u0924\u0930\u093e\u0928\u0947 \u0932\u0917\u0947 \u0939\u0948\u0902… more
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