LOC Flare up: Related news and Discussions
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Pakistani opposition is atleast with their government but look at our opposition , acting like enemies
My latest news from sources is that Modi threw up his hands when he was informed that Pak was planning an attack on Amarnath Yatra and that it was imminent. In addition we had news of massive build up terrorists in POJK ready to infiltrate. Modi decided that now Pakistan will need surgery as the surgical strikes have not yielded desired long term solution.
The build up was started for abrogation of 35A and 370. As per sources, 35A and 370 can be removed within 30mins. 35A was inserted by a Presidential order and can be removed by the same route,
370 can be removed by President based on the recommendations of the J&K assembly without the need to go to the Parliament. In 50s and later in 70s, Nehru and Indira had major differences with Sheikh Abdullah so much so that he was even arrested. As a concession, an article was inserted in the J&K constitution that in the absence of an Assembly, the Governor of J&K can exercise the powers of the assembly.
The requirement of the recommendation of the assembly of J&K therefore can be exercised by the Governor who can recommend removal of 370. After that President just needs to give an approval. This can be done in minutes also.
The trifurcation is a lengthy process. Once again the Assembly/Governor will need to recommend the trifurcation. After that under article 368 of the Indian constitution, LS & RS will need to pass the legislation which will have to be accepted by the President. After that a minimum of 50% states of India must agree to the trifurcation. Only after that the trifurcation can be done.
Modi & Shah have travelled way down the road to go back on 35A & 370. Its now or never for them. I expect something to happen on 15th August. Things were broght forward due to the mischief played by Pakistan.
The build up was started for abrogation of 35A and 370. As per sources, 35A and 370 can be removed within 30mins. 35A was inserted by a Presidential order and can be removed by the same route,
370 can be removed by President based on the recommendations of the J&K assembly without the need to go to the Parliament. In 50s and later in 70s, Nehru and Indira had major differences with Sheikh Abdullah so much so that he was even arrested. As a concession, an article was inserted in the J&K constitution that in the absence of an Assembly, the Governor of J&K can exercise the powers of the assembly.
The requirement of the recommendation of the assembly of J&K therefore can be exercised by the Governor who can recommend removal of 370. After that President just needs to give an approval. This can be done in minutes also.
The trifurcation is a lengthy process. Once again the Assembly/Governor will need to recommend the trifurcation. After that under article 368 of the Indian constitution, LS & RS will need to pass the legislation which will have to be accepted by the President. After that a minimum of 50% states of India must agree to the trifurcation. Only after that the trifurcation can be done.
Modi & Shah have travelled way down the road to go back on 35A & 370. Its now or never for them. I expect something to happen on 15th August. Things were broght forward due to the mischief played by Pakistan.
When India got the Instrument of Accession, Pakistan in 80's produced a similar bogus agreement known as Karachi Agreement of 1949 which decides the relation b&w Pakistan and the POJK, and produced as counter to instrument of accession as per the will of people in POJK although it's a fraudsters work.
So as India prepares for the constitutional amendments related to Kashmir, what Pakistan can mold in their part of constitution related to POJK, although it makes no difference as our stand is clear will they also abolish the Karachi agreement and call POJK as integral part of Pakistan, thus making LOC as IB? Or they will keep following the A257 which says the decision on Indian J&K is awaited after the plebiscite.
It would be a diplomatic blundar for Pakistanis if they remove Karachi Agreement, but on the other hand they may also pronounce subletting some land to China apart from Shagksam Valley?
I posted now or never at 1447 and Babaji tweets the same at 1456.
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Pakistan is in a for a surgery now. If not now than maybe six months down the line. Modi is not going to leave them. This planning of attacking the Amarnath Yatris- Shiv Bhakts, when he himself is representing Kashi-The city of Lord Shiva, has really angered him.
Another six months and the Afghan deal would already have been signed. It has to be now.
Sir unlike others states , alteration of boundaries or division of state of J&K requires recommendation by state assembly but it doesnt required a constitutional amendment under article 368. Article 3 of Indian constitution deals with this division of state.
I.e for Trifurcation , governor recommendation needed as assembly is suspended. And bill should be passed by simple majority in LS and RS which BJP has.
IMO removal of 370 is more difficult than Trifurcation as it requires constitutional amendment under 368 i.e special majority (2/3rd).
35A is anyways unconstitutional as it bypassed parliament.
IMO there is no need to remove article 370 because special provisions is nothing new ,many Indian states like Maharashtra , Karnataka have special status article 371,372 etc.
Anyways we can manage everything only if somehow somehow SC judges dont declare it unconstitutional even if it is btw. No one will dare oppose SC judgment.
yes it has to be passed by state assembly first. And for that BJP needs to be a majority in j&K assembly. 35a would go no doubt. The build up will stay till elections that's what I think.
I would like to respectfully diagree with you here sir. Article 370 cannot be removed just like that.
https://www.constitution.org/cons/india/p21370.html
Art. 370. : Temporary provisions with respect to the State of Jammu and Kashmir.-
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification".
Therefore it can only be abrogated by the presidential orders on the Recommendation of J&K constituent assembly.
J&K constituent assembly was dissolved in Jan-1957.
Since they never recommend - then Indian president to abrogate Article 370, it was never removed. Thus, current president cannot issue a notification to abrogate 370 since there is no Constituent assembly.
only option : J&K Constitution has to be Nullify/Abolish/destroyed first and the fresh Constituent assembly has to be formed (to create new constitution of J&K) and then IF they recommend Indian President to abrogate article-370 only then only it can be removed.
Your point is valid but needs closer understanding. The constituent assembky was dissolved and this created a void. It is a settled thing in law that the successor to the constituent assembly is the elected assembly and in the absence of the elected assembly-the Governor. if we go by your argument, 370 became null and void the day the constituent assembly was dissolved as it is a temporary provision. A temporary provision has a life till both the parties are alive. The moment anyone ceases to exist, the temporary provision dies a natural death.
Irfan Pathan and other cricketers asked to leave J&K as well.
Irfan Pathan and 100 other cricketers asked to leave Jammu & Kashmir at the earliest - Reports
Irfan Pathan and 100 other cricketers asked to leave Jammu & Kashmir at the earliest - Reports
After triple talaq bill, BJP is going to tout abrogation of 35A as another way of removing discrimination against the women of J&K state and to bring gender equality. To remove suppression of women and their rights.
