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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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What Exactly is Happening Behind The Corridors of Power? Analyzing Elections 2019

Is this what a love-hate relationship is all about? Is there bad news in the mahagathbandhan again?

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These are small anecdotes, small pieces of a larger jigsaw puzzle and stitching them together allows one to take a glimpse at the larger picture. This time, I thought I would present a bouquet of different stories, which will perhaps allow a reader to get a glimpse of the full picture. Pixabay

Separate, seemingly unconnected pieces, combine to make up an inseparable home.

This is true of our lives, as it is of our political system. Now, as India is consumed by electoral frenzy, and the biggest democratic exercise of the world has begun, the question needs to be asked: What exactly is happening behind the corridors of power? What is happening inside North Block, or South Block? What is happening inside the party offices?

These are small anecdotes, small pieces of a larger jigsaw puzzle and stitching them together allows one to take a glimpse at the larger picture. This time, I thought I would present a bouquet of different stories, which will perhaps allow a reader to get a glimpse of the full picture.

The Narendra Modi government is very upset with Attorney General (AG) K.K. Venugopal. Now 88-years-old, the Centre doesn’t want to change the AG, especially so close to the elections. But the reason for the anger is this: That he told the apex court that the Rafale files had been stolen. This was neither the government’s view, nor the official defence ministry version. His claim was an attempt to counter Prashant Bhushan’s query on the leaked Rafale story. Later, the government clarified through affidavits presented by the defence secretary in the court that the file hadn’t been stolen, but that “one page had been photocopied and leaked”.

If one tells the court that the file had been stolen, then the actual security in place at the defence ministry — the custodians of India’s national security — comes under the scanner. Defence Minister Nirmala Sitharaman told in closed circles that if the files were stolen, then she was responsible and would be in trouble. For now the situation is under control, but the murmurs remain: who leaked the file? Another foreign fighter company? An Indian mole? Inside South Block – a spy vs spy drama ensues.

Rahul Gandhi
A few days back, Mamata Banerjee and Rahul Gandhi sat together at Sharad Pawar’s house in Delhi. This was only to give the message that they were together. But recently, Rahul Gandhi went to West Bengal and at rally in north Bengal, he once against launched an attack on Didi, claiming that Modi and Banerjee were the same.. wekimediacommons

Dimple Yadav has a new best friend. Of late, she has developed a very comfortable relationship with none other than Priyanka Gandhi. The two meet frequently and are talking to each other daily. The communications on elections continue, whether it has to do with selecting candidates for the campaigns or criticism of the BJP government. While Rahul-Akhilesh remains the primary channel for communication between the two parties, this is a valuable track two for the ‘mahagathbandhan’.

There is no doubt that Modi is the Bharatiya Janata Party’s (BJP) star campaigner ahead of their 2019 campaign. Amit Shah and BJP leaders, including Arun Jaitley, have finalised the Prime Minister’s campaign strategy. It is clear that from the end of March, all through April and till May, he will hold a number of rallies – expected to cross 200. Every state unit wants him. Modi is fit, possibly healthier than all else in his cabinet. The Prime Minister’s massive medical team has admitted, gladly, that for the past five years they’ve been rendered jobless – he does yoga, exercises daily, eats less and has a diet primarily of salad and soup, wakes up early, doesn’t smoke, doesn’t drink, is a vegetarian.

There is only one problem: He has to maintain the health of his vocal chords. The Prime Minister’s voice, the pitch and tenor might well dictate the future of the BJP. It is not easy, especially with 3-4 rallies, a break in the voice is normal. Gossip in the Prime Minister’s Office is that Modi’s solution comes from an old saint from Varanasi, who has prepared an ayurvedic solution. The prescription: A very simple concoction of tulsi, kali mirch and mishri boiled in water. This concentrated juice will help him, while another solution is mulethi.

The venue: Pakistan High Commission in Delhi. The event was Pakistan Day celebrations on March 23. But, the celebrations were taking place a day earlier. There was major controversy. A massive cordon of the Delhi Police was present. The Hurriyat Conference was a major factor, although no Indian representatives was there. Both American and Chinese diplomats were present.

The Chinese First Secretary (Political), Liu Ziuqin came, dressed gracefully in a salwar suit, while American Deputy Chief of Mission MaryKay L. Carlson was wearing an Indian saree, of which she has a massive collection. But irrespective of the controversy, it was clear that they were all fond of the rich, spicy and delicious Pakistani cuisine. On most occasions, diplomats tend to steer clear of such dishes, sticking to the safety of soups and salads. But during the celebrations, they gorged on biryanis, kormas and kebabs.

The Prime Minister’s mammoth campaign began in earnest after March 25. In the coming election, Modi is the star and only Shah and Jaitley were present, when his campaign strategy was discussed. A plan, spanning approximately 40 days from March 25 to the first week of May.

On an average, the Prime Minister will hold three to four rallies daily in different states. A central rally in a state capital, followed by three more. So, 40 multiplied by four, at least 160 rallies. Potentially, 200 rallies and each state, going to the polls in the seven phases, are desperate to have Modi campaign in their state.

Now it fell on Jaitley to deal with the Herculean task of delving into the demands and deciding the area where the rallies will take place. The main theme of the campaign is Sashakt Bharat — strong nation, with good governance. Most wanted slogans: ‘Namumkin abhi mumkin hain’, ‘Hum sab chowkidar hain’, ‘Modi keu pachta nahi’, ‘Mahamilwat ka halt’, among others.

The Prime Minister might end up going to Bengal, north east and Odisha more often since he is trying to get more seats in the area. Jaitley’s role will be one that he has played during many elections — holding the war room in Delhi and each morning he has been training the spokespersons’ panel. In this, Ravi Shankar Prasad has been aiding.

The combination of the rallies each day is also very important and in order to ensure that all of this is planned to perfection, Jaitley has been coming to the party office every day in the morning. The new party office, as a result, is abuzz with activity — and all the gossip about the vastu not being ideal there has also been proven wrong.

narendra modi

The Prime Minister’s mammoth campaign began in earnest after March 25. In the coming election, Modi is the star and only Shah and Jaitley were present, when his campaign strategy was discussed. A plan, spanning approximately 40 days from March 25 to the first week of May. Pixabay

Is this what a love-hate relationship is all about? Is there bad news in the mahagathbandhan again?

A few days back, Mamata Banerjee and Rahul Gandhi sat together at Sharad Pawar’s house in Delhi. This was only to give the message that they were together. But recently, Rahul Gandhi went to West Bengal and at rally in north Bengal, he once against launched an attack on Didi, claiming that Modi and Banerjee were the same.

It is no surprise that Didi was upset and unhappy with Rahul Gandhi’s reaction. She didn’t go for an alliance with the Congress before the election, but with the Congress president’s personal attack on her and naming her, what will she do? Will she also attack Rahul in north Bengal?

To be or not to be? Didi’s question is simple: Senior people in the party and Rahul Gandhi should figure out who is their target in 2019, Modi or Mamata?

Also Read: Regular Intake of Sleeping Pills Can Adversely Effect Blood Pressure

At a time when the BJP headquarters at Deen Dayal Upadhyay Marg in Delhi is abuzz with activity, workers are with teeming all around, meetings are taking place, plans for the campaign are being chalked out, thali after thali is being consumed at the canteen, there is one constant: Jagdish Bhai Bhatiya.

A real estate businessman from Malviya Nagar, he isn’t a politician. But he is much in demand for many who want him to canvass for the party in their areas. The reason: because of how similar he looks to Prime Minister Narendra Modi. Many senior BJP leaders have already made the mistake, as has the SPG on a few occasions. An ardent fan of Modi, Bhatiya is often found in the party office, eating thalis at the canteen. He has also made an effort to work on his Modi look. He dresses like the Prime Minister and has even got a similar haircut. Every one, as a result, wants him in their constituency. In spite of not taking a single penny, Bhatiya is more than happy is his role.  (IANS)