Home / Latest News / Do you agree with J&K Dy. CM that Art. 370 has done more harm to State than good?

Do you agree with J&K Dy. CM that Art. 370 has done more harm to State than good?

October 2,2017:

Supreme Court has already ruled that Jammu and Kashmir “has no vestige of sovereignty outside the Constitution of India.”

Nirmal Singh, Dy CM, J&K
Nirmal Singh, Dy CM, J&K                Pic by ANI

Asserting that Article 370 of the Constitution has caused harm to Jammu and Kashmir, Deputy CM Nirmal Singh called for abrogation of this provision.

Singh further added that, “BJP had set 44 plus target in the last State Assembly elections which party could not achieve and got only 25 seats. If we would have got 44 plus, things would have been different”.

His statement has come a day after RSS Chief Mohan Bhagwat called for the amendments in Indian Constitution for assimilation of J&K into India and Union.

RSS and BJP have long demanded the abrogation of Article 370, which grants special status to Jammu and Kashmir.

Supreme Court Bench comprising of Justice Kurian Joseph and Justice Rohinton F Nariman had ruled that Jammu & Kashmir has no vestige of sovereignty outside Constitution of India. J&K’s own Constitution  is subordinate to Constitution of India. Thus, State is first governed by Constitution of India and then also by Constitution of State.

Opposition parties in State and the separatists in Valley thus got an opportunity through SC Judgement to attack Mehbooba Mufti Govt of allowing the “step-by-step erosion” of Article 370 which confers special status on the State.

Read the Text here-

Article 370. Temporary provisions with respect to the State of Jammu and Kashmir.

1[370. Temporary provisions with respect to the State of Jammu and Kashmir.
(1) Notwithstanding anything in this Constitution, –
(a) The provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) The power of Parliament to make laws for the said State shall be limited to-
(i) Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) Such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation. For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) The provisions of article 1 and of this article shall apply in relation to that State;
(d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order 1specify:
Provided that no such order, which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order, which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
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.]
1. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said article 370 shall be operative with the modification that for the Explanation in clause (1) thereof, the following Explanation is substituted namely:-
Explanation-
For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the “Sadar-i-Rayasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.”

SC had also clarified that J&K residents are “first and foremost” Indian citizens and that there is no dual citizenship.

The Supreme Court is now also hearing a plea demanding repeal of Article 35A, which allows the state legislature to define “permanent residents”.

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