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Abolishing Articles 370 and 35A remains a question

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By Kanika Rangray

A view of the Indian Supreme Court building is seen in New DelhiThe Supreme Court issued a notice to the law department of Jammu and Kashmir, regarding a petition filed by Jammu and Kashmir Study Centre (JKSC), an RSS-backed organisation, which challenges Article 35A of the Indian Constitution.

Article 35A of the Indian Constitution allows the state of Jammu and Kashmir to grant special privileges and rights to permanent residents.

Delhi-based JKSC had filed a petition with the apex court last month, saying Article 35A does not allow non-residents of the state from buying land or property, getting a government job or voting in assembly elections in J&K. The organisation claims to be independent but is alleged to have the support of the RSS.

A senior officer in J&K’s law department told The Citizen, “We have received a notice (from the Supreme Court) on the matter and our legal team is preparing a response. The government will prepare a response, keeping in view the special status granted to the state under Article 370 of the Indian Constitution.”

The petition against Article 35A is being considered as a stepping stone towards abolishing Article 370, a law in the Indian Constitution that grants special autonomous status to Jammu and Kashmir. As per this article, the constitutional provisions applicable to other states are not applicable to J&K. The state has its own constitution, except for matters related to defense, foreign relations, communication and finance, which come under the jurisdiction of the Indian Constitution.

How it all began…

Article-370

Article 370 was incorporated in the Indian Constitution in 1947, when the then ruler of J&K Maharaja Hari Singh signed Instrument of Accession to India. However, the relationship of this state with the rest of the country was governed by special circumstances, and hence given a special position. The Constitution of Jammu & Kashmir, which Dr. Karan Singh (son of Maharaja Hari Singh) signed into law in 1957, still governs the state.

Rahul Jalali, president of the Press Club of India, said: “Article 370 is a constitutional bridge between the Indian Constitution and the laws that govern Jammu and Kashmir.”

Article 35 deals with the status of the people in J&K—Permanent Resident Certificate (PRC). It was enacted in 1927 by Maharaja Hari Singh and was then called the State Subject Act. According to this Act, it gave the right of property only to citizens of J&K. It also gives the right of employment only to citizens of Jammu and Kashmir.

But after 1947, certain amendments were made to this Act. During that time period, a number of refugees came from Pakistan and settled in Jammu and Kashmir. Now, they have been given temporary resident-ship in the state, but their status is still unclear. On one side, they have voting rights, but they do not hold citizenship of the state. They are citizens of India, but with the lack of PRC they are not allowed to own any property or do a government job.

The way it affected the people of J&K

The Valmikis, a community in J&K, are also affected by this Act. This community settled in Jammu, and though they were given part citizenship rights, they were not given the right to work. The Valmikis were brought in during the Maharaja’s time, but to do a specific sort of labour—scavenging.

And this practice continues till date.

There is a clause in Article 370 itself, which says that this law cannot be abolished by anyone other than the J&K constituency. It is due to this that some people are of the view that Article 370 can never be abolished. But another interpretation is that by constituent assembly, it means J&K assembly, which thereby holds the power to abolish this law.

According to Jalali, it is more of a “legal and intellectual debate.” The people in Kashmir are very clear that they do not want Article 370 to be abolished, but people in Jammu have not really made up their minds yet. A local political party in Jammu, the Panthers Party, keeps an unstable stance regarding this issue, sometimes saying it wants 370 to be abolished and sometimes saying that it wants it to stay.

One of the reasons that the state wishes to regain its special status is because it has its own set of laws. Like the country has the Indian Penal Code, similarly the state has a Ranbir Penal Code (named after Ranbir Singh, the great-grandfather of Dr. Karan Singh.)

The only national party opposed to Article 370 is the Bhartiya Janata Party (BJP). It has twice tried to abolish it, once in 1998 and now again. And so the Kashmiri people believe that since no other party is willing to abolish this, it will never be gone.

Jalali says that as of now “article 370 is just on paper”. This article means nothing to the poor. Major needs in Jammu and Kashmir are of employment. Kashmir has one of the highest educated unemployed youth in the country, but unfortunately, there are no jobs. Despite article 370, investment is allowed in Jammu and Kashmir. The problem is that no private company has gone there.

“Kashmir has to change its law. It is ridiculous that people who came here in 1947 are not given citizenship. Secondly, there is also a problem as to why have they limited the Valmikis to a traditional job?” in Mr. Jalali’s opinion. “There is a need of amendment in this law, and not exactly abolishment of this Act.”

 

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Rashtriya Swayamsewak Sangh Worker Shot Dead in Uttar Pradesh

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Rashtriya Swayamsewak Sangh
Rashtriya Swayamsewak Sangh Drill. Wikimedia

Lucknow, October 21: A Rashtriya Swayamsewak Sangh (RSS) worker was shot dead on Saturday in Uttar Pradesh’s Ghazipur district, police said.

The incident occurred when unidentified motorcycle-borne assailants shot at the 35-year-old, Rajesh Mishra, also a journalist working with the Dainik Jagran Hindi daily, who was sitting at his brother Amitesh’s shop in the Karanda area.

Locals and passers-by rushed the two to a nearby hospital where Rajesh was pronounced brought dead.

Amitesh, 30, is said to be in critical condition.

A senior police official said Rajesh was an active RSS member and was also working as a contractor.

So far, no details have emerged in the initial probe but added that they were talking to the family of the deceased.(IANS)

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PM Modi is Optimistic about NDA’s Reforms to Boost Up Indian Economy

Lashing out at the critics, the Prime Minister elucidated about his government’s firm determination to boost up India’s economy. Admitting the economic plummet witnessed during the span of April-June, Modi declared that his government was devoted to back-pedal the mishaps due to the structural reforms of the economy. Let us look at what PM Modi said in his speech.

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Challenges to Modi Government
Prime Minister Narendra Modi. Wikimedia

After facing severe criticisms over economic deceleration for a very long time, Modi finally broke his silence while addressing the Golden Jubilee Year Celebrations of the Institute of Company Secretaries of India (ICSI) in Delhi. Lashing out at the critics, the Prime Minister elucidated about his government’s firm determination to boost up Indian Economy.

Prime Minister Narendra Modi’s demonetization policy brought down the country’s GDP growth rate to a mere 6.1%. The implementation of the Goods and Services Tax (GST) added to the plight of already sick Indian economy.

Admitting the economic plummet witnessed during the span of April-June, Modi declared that his government was devoted to back-pedal the mishaps due to the structural reforms of the Indian economy. Let us look at what PM Modi said in his speech.

On Economic Reforms

PM Modi was very straightforward to acknowledge the economic slump caused. He assured that the BJP government was capable of reversing the trend and would take important decisions in that direction. Further, the Prime Minister informed that a cleanliness campaign has been started to remove the people who try to undermine the nation’s unity and integrity. Under this cleanliness campaign, a Special Investigation Team (STI) has started working ever since the Modi government came to power.

On Critics

Welcoming the constructive criticisms, Modi declared that his government is sensitive enough to accept the prevailing denigrations in the Indian economy and are rectifying their mistakes. The Prime Minister opined that people have the right to criticize the wrong, but one should restrain from fabricating an environment of panic in the country. Further, he added that his government has started working towards the “development of new India, new culture, new celebration, and new traditions.” Some people do not welcome the reforms even though they are good for the nation simply because they are anti-BJP. “People who sleep well only after spreading pessimism about government’s economic reforms need to be combated”, emphasized Modi.

Past Economic Deceleration

After achieving a whopping growth of 7.5% over the last three years, Modi acknowledged that the growth rates dropped sharply in April-June but the BJP government would not sit back until putting Indian economy on firm footing. While addressing the gathering, the Prime Minister recalled a time when Indian economy growth rate was as low as 0.2% under the previous government thereby emphasizing the fact that India can recover from the economic sluggishness.

Mainstreaming Informal Sector

Encouraging the movement from the informal sector to mainstream economy, PM Modi assured, “People coming to mainstream fear that their old records may be reopened. We will not let that happen because earlier their old way of business was necessitated by prevailing circumstances. Nothing is more sinful than blocking those who want to come to the mainstream. Let bygones be bygones.”

On Doklam

Many people opined that the BJP Government would not be able to handle the Doklam crisis. Describing the censurers as hypocrites, Modi elucidated that “when the economic growth is favorable, it is the same people who like the institutes and process; but the moment situation becomes unfavorable to them, they say that the system is not right, the process is not right, people working in it are not right and just accuse people.” The Prime Minister also held the view that before drawing any conclusion, it is imperative to identify these people at once.

On Transport System

Modi made a comparative study of the BJP government with the previous ones. He argued that in its last three years, the UPA government constructed National Highways spanning an area of 15,000km while the period under his government has witnessed the construction of more than 34,000km National Highways. As far as the construction sector is concerned, Modi claimed that the total number of foreign investment has increased by 75% from 2014-2017. The foreign direct investment in the air transport sector has also registered a growth by 69% in the past three years. Likewise, in the mining sector, there has been an increase by 56%.
The Prime Minister also told that the BJP government is trying to increase the speed of development while creating a large number of job opportunities. He added that the government knows the value of the hard-earned money and thus their policies are aimed at improving the lives of poor and middle class. Moreover, most of the government schemes are launched to empower the poor. What affects them the most is corruption and black money estimated Modi.

– Prepared by Mohima Haque of Newsgram
Twitter: mohimahaque26

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‘Janaraksha Yatra Kerala’ Witnesses escalating BJP-Left Confrontation

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Amit Shah, President of the Bharatiya Janata Party.
Amit Shah, President of the Bharatiya Janata Party. Wikimedia

Hurling anti-left maneuver during Janaraksha Yatra Kerala, Indian BJP National President Amit Shah launched serious allegation against the ruling CPM government for triggering political violence and imputed to Chief Minister Pinarayi Vijayan the culpability for the mass killings of party workers in the state.

The BJP Chief traced back the origin of violence-centric politics in ”God’s Own Country” to the inception of the Communist regime. “Left always paralyses the state it rules. West Bengal and Tripura witnessed similar political vehemence under the CPM government”, elucidated the President.

Criticizing the Human Rights Activists of the nation, Amit Shah pointed out that they are very selective when it comes to what they support. “You turn your eyes away when our workers die. Why is there no march in Delhi? Violence has no color. More than 120 workers of the BJP have succumbed due to political violence so far. What was their fault? They were working for the betterment of Kerala”, complained the BJP Chief.

Acclaiming BJP’s ideology enthusiastically, Shah called upon the people to join as workers. Addressing the gathering at ‘Janaraksha Yatra Kerala’, the President added that family members of the deceased have stood by the BJP and he wouldn’t let the martyrdom of the workers go waste.

Amit Shah inaugurated the ‘Janaraksha Yatra Kerala’ at Payyannur to protest against alleged killings of party workers. The “padayatra” was led by the party’s State President Kummanam Rajashekhharan.

The National President of BJP attributed the diminishing power of the CPM to their increasing reliance on political violence. Apart from CPM, the once dominating Congress is also losing momentum thereby giving BJP the opportunity to flourish with their ideology. “More the mud of violence, more the lotus will bloom” added Shah.

The BJP Chief assured his party workers and volunteers that BJP would fight the war with CPM until emerging victorious. Shah declared, “We must all unite against the rule of the Left Government.”

Shortly after the launching of the yatra, three BJP workers adorning the National Highway 66 were ambushed by anonymous men on Monday. During his address, Shah alleged that the assailants were CPM cadres who have also destroyed BJP flags in the area.

Meanwhile, Uttar Pradesh Chief Minister Yogi Adityanath is ready to augment the saffron stand with his visit to Kerala on Wednesday. As per the report of Times Now, Adityanath will basically be in the Muslim-dominated district of Mallapuram.