Article 370 concepts and fact clarified by Constitutional Expert Subash Kashayap in an interview on Rajyasabha TV.
•For the record:
1. J&K residents have a dual citizenship and their own national flag. -#FALSE
-The government of J&K does have a flag, but NOT a national flag. As far as citizenship is concerned, the state of Jammu & Kashmir does provide for a status of "Permanent Resident", but not for a separate citizenship. This status is, in fact,
granted by many other states and UTs (such as Lakshadweep, Andaman & Nicobar, etc.), and is
in no way connected to Article 370.
granted by many other states and UTs (such as Lakshadweep, Andaman & Nicobar, etc.), and is
in no way connected to Article 370.
2. 6-year tenure for state governments - #True
-But has no real significance. Also has no relation to Article 370.
3. Disrespecting Indian national flag and other national symbols is not a crime in J&K. - #FALSE
-Prevention of Insults to National Honour Act,1971 is valid everywhere in India, INCLUDING J&K.
4. Indian Supreme Court has no jurisdiction in J&K. #FALSE
The Supreme Court of India has had jurisdiction in the state of J&K since 1954 (vide Constitution (Application to Jammu and Kashmir) Order, 1954).
5. Indian Parliament can make laws in a very limited domain. Majority of powers rest with the J&K parliament. -#FALSE
-Till 1963, the Indian Parliament could legislate only on subjects contained in the Union List, and had
no jurisdiction in case of subjects covered by the Concurrent List under the 7th Schedule of the
Constitution. Since then, the Union has been progressively acquiring competence to legislate on more and more subjects. On July 30, 1986, the President made an order under Article 370, extending to Kashmir Article 249 of the Constitution
in order to empower Parliament to legislate even on a matter in the State List on the strength of a
Rajya Sabha resolution. The Union Legislature now has the power to legislate not just on subjects contained in the Union List, but also on all of the subjects in the Concurrent List, and the State
List. In this respect, the J&K is, in fact, worse off than any other state today.
no jurisdiction in case of subjects covered by the Concurrent List under the 7th Schedule of the
Constitution. Since then, the Union has been progressively acquiring competence to legislate on more and more subjects. On July 30, 1986, the President made an order under Article 370, extending to Kashmir Article 249 of the Constitution
in order to empower Parliament to legislate even on a matter in the State List on the strength of a
Rajya Sabha resolution. The Union Legislature now has the power to legislate not just on subjects contained in the Union List, but also on all of the subjects in the Concurrent List, and the State
List. In this respect, the J&K is, in fact, worse off than any other state today.
6. A J&K citizen loses his/ her citizenship on marrying outside the state. - #FALSE
-First off, there is no such thing as a citizen of the state of J&K. The only status provided by law is that of a Permanent Resident. Further, as per a historic order brought out in 2002 by the J&K High Court, no person (woman) shall lose her right
to Permanent Residence in J&K by marrying someone from outside the state.
to Permanent Residence in J&K by marrying someone from outside the state.
7. A Pakistani citizen can gain J&K citizenship by marrying a J&K citizen. - #FALSE
-First off, there is no such thing as a citizen of the state of J&K. The only status provided by law is that of a Permanent Resident. Further, at
present, there is no provision in law to gain the Permanent Residence status in J&K, irrespective of whether a person has Indian or Pakistani (or any other) citizenship.
present, there is no provision in law to gain the Permanent Residence status in J&K, irrespective of whether a person has Indian or Pakistani (or any other) citizenship.
8. RTE, RTI, CAG, annd majority of Indian laws are not valid in J&K. - #FALSE
-While RTE is not valid in J&K, RTI is applicable in J&K as well. The jurisdiction of CAG also extends to the state. In fact, almost all Central
legislations, except some Constitutional Amendments, are
applicable to J&K.
legislations, except some Constitutional Amendments, are
applicable to J&K.
9. Kashmir forces sharia law on its citizens. - #FALSE!
-That's one I didn't see coming. I can't see how someone would be idiotic enough to make that
claim. In fact, the implementation of Sharia law in Kashmir is one of the stated objectives of the Tehreek-e-Taliban Pakistan (TTP). I haven't
heard of them succeeding yet. Have you ?
claim. In fact, the implementation of Sharia law in Kashmir is one of the stated objectives of the Tehreek-e-Taliban Pakistan (TTP). I haven't
heard of them succeeding yet. Have you ?
10.Kashmir doesn't have Panchayat system. - #FALSE
-They do. The Jammu & Kashmir Panchayati Raj Act was passed in 1989. More importantly, there is
now a plan to extend the 73rd Amendment of the Constitution to J&K.
now a plan to extend the 73rd Amendment of the Constitution to J&K.
11.Hindus & Sikhs are a minority but they don't get a 16% reservation. -#Yes, and that's a crime. I don't have anthing more to those who keep clamoring for reservations. Reservation on
communal- or caste-based lines is outdated, and should have been abolished long ago.
communal- or caste-based lines is outdated, and should have been abolished long ago.
12.Because of Art. 370, no outsider (Indian) can buy land in J&K. - This is neither due to Art. 370, nor, as I mentioned in the case of another point above, limited to just J&K.
So This is the real facts of Art.370 Trust or Not as ur wish but this is the fact for more read constitution if J&K and be mature as i m constitutional expert i can challenge anyone in any court if my facts are wrong.
.jpg)
.jpg)
.jpg)
No comments:
Post a Comment