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Is Removal of Article 370 Legal

We cannot say that the situation in Jammu and Kashmir has not improved after the repeal of Law 370. the situation in Jammu and Kashmir has become very good. Especially the situation in Kashmir after the repeal of Article 370.But there are still things that have not changed, such as scams and bribes, it is not over yet. Somewhere, there are still people who accept bribes in the name of jobs that seem to give money. On the same day, the upper house of the Indian Parliament passed a legislative resolution recommending that the President of India repeal most of Article 370 under Article 370(3). The following day, 6 August, the President implemented the resolution and revoked the special status of Jammu and Kashmir by Presidential Order C.O. 273, which stipulated that from 6 August, the President would have the right to do so. August 2019 “all provisions of the said Article 370 shall cease to apply” and that “all provisions of this Constitution, as amended from time to time, shall apply without modification or exception to the State of Jammu and Kashmir”. In July 1952, an agreement was reached between the then Prime Minister of India, Jawaharlal Nehru, and the Prime Minister of Jammu and Kashmir, Sheikh Abdullah, requiring that India`s citizenship law be made applicable to the state and allow the state to regulate the rights and privileges of its own permanent residents.

This agreement was codified by the President of India, who promulgated the Constitution (Application to Jammu and Kashmir) Order 1954 (in accordance with Article 370(1) of the Constitution), which added Article 35A to the Constitution of India, which allowed the State of Jammu and Kashmir to define permanent residents of the State and certain “special rights and privileges” associated with such residence. Including the power to restrict settlement to the state and acquire real estate: On August 12, 2019, Bahrain took punitive measures against a group of Pakistani and Bangladeshi nationals who had protested the previous day against Kashmir`s decision. The protest took place illegally in Bahrain after Eid al-Adha prayers. [301] The official Twitter account of the country`s Ministry of Interior tweeted about the measures taken by local police to contain the protests and the legal proceedings against them. Bahraini authorities have also urged their citizens not to exploit religious gatherings for other political purposes. [302] [303] The 1950 Presidential Order, formally the Constitution (Application to Jammu and Kashmir) Order 1950, came into force on January 26, 1950 at the same time as the Indian Constitution. It defined the themes and articles of the Constitution of India corresponding to the instrument of accession, as required by clause (b) (i) of Article 370. [35] [36] Declaration [1950 wording]: For the purposes of this Article, the State Government shall designate the person provisionally recognized by the President as Maharaja of Jammu and Kashmir, who is currently in office on the advice of the Council of Ministers in accordance with the Maharaja`s proclamation of the fifth of March 1948; On 26 May 2008, the Government of India and the Government of the State of Jammu and Kashmir entered into an agreement to transfer 100 acres (0.40 km2) of forest land to the Shri Amarnathji Shrine Council (SASB) to provide temporary shelter and facilities for Hindu pilgrims. [81] Kashmiri separatists opposed the move on the grounds that it would jeopardize Article 370, which gives the people of Jammu and Kashmir a distinct identity and prevents any Indian citizen from settling in Kashmir. The people of Kashmir have largely protested against this decision by the Indian government.

[82] Following the protests, the J&K state government relented and rescinded the land transfer decision. As a result, Hindus in the Jammu area have launched counter-agitations against this withdrawal. 370. All provisions of this Constitution, as amended, shall apply to the State of Jammu and Kashmir, notwithstanding anything to the contrary in Article 152 or Article 308 or any other section of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law. Documents, judgments, orders, orders, orders, orders, regulations, regulations, communications, customs or customs having the force of law in the territory of India or other instruments, contracts or arrangements referred to in Article 363 or otherwise. This article explains some of the controversies surrounding the recent abrogation of the special constitutional status of the State of Jammu and Kashmir under Article 370 of the Indian Constitution and the repeal of Article 35A, which had allowed the State to define the permanent residents of the State and certain special rights and privileges associated with that residence. It also contains a brief history of the dispute, the legal steps to revoke the special status, and legal challenges to this decision. The 2019 Executive Order also added clause (4) to Article 367 under “Interpretations” with four subsections. The phrase “Sadar-i-Riysat acting with the assistance and advice of the Council of Ministers” should be interpreted as “Governor of Jammu and Kashmir”. The term “state government” includes the governor. Subject to Article 370, paragraph 3, of the Constitution, the words “Constituent Assembly of the State referred to in paragraph 2” shall be replaced by “Legislative Assembly of the State”.

[11] [Note 9] According to Jill Cottrell, some of the Section 370 Executive Orders have been issued under similar circumstances since 1954, when the state was under presidential rule. Union governments have interpreted the “consent of the state government” in these circumstances as referring to the governor. [58] [Note 6] In the week following the announcement of India`s withdrawal, members of the Muslim community in Kashmir staged a series of protests in the United States in the cities of Washington, D.C., New York, Chicago, Houston, Los Angeles, San Francisco, and Seattle against India`s removal of Jammu and Kashmir`s autonomous status. according to Pakistan`s Dawn newspaper. [295] Protesters also gathered outside the White House on August 10, 2019, calling on Washington to help the people of Kashmir. [295] Pakistan`s ambassador, Asad Majeed Khan, organized community events and called on the U.S. to “bring a little more common sense to the Indian side.” Ghulam Nabi Fai, a Kashmiri diaspora, said India`s plan “is not just to deprive them [Kashmiris] of their rights, but to subjugate them through widespread murder and torture,” while another protester, from Srinagar, stressed that the time had come for the US to mediate. [295] The two Union Territories came into being on October 31, 2019, which was celebrated as National Unity Day. [97] The President of India has appointed a lieutenant.