Baba was talking about 15th Aug...bcz they will try some fishy before/on 15th Aug
@vstol Jockey looks like your 14th Aug statement may have merit sir.
Baba was talking about 15th Aug...bcz they will try some fishy before/on 15th Aug
@vstol Jockey looks like your 14th Aug statement may have merit sir.
" screw the opposition because we can do anything we want because we have majority" is precisely the attitude that allowed Nehru's congress to inflict the wound of Article 370 on a nation still basking in the aura of a infallible Pt Nehru. India under Modi is currently experiencing its Nehru moment.
Sacrificing long lasting constitutional principles, like consulting the states, giving parliament sufficient time to discuss the matter, wait for the affected State to constitute its assembly and then consult it, try to achieve political consensus, for the sake of transient political objectives is fraught with danger for our constitution, federal structure and ultimately our democracy.
Like Nehru's supporters backed his political shenanigans blindly, unaware of its consequences decades later, today we may support Modi roughshoding opposition and parliament in the name of national security, but do we pause to think about its intended and unintended consequences decades from now.
How is it danger to federal spirit? The 'Union' comes first and to protect it you can even implement Emergency as per constitution. Not just that you need 2/3rd Majority in both houses, whosoever has this much legislative power rest assured he/she represents majority of Indians in letter and spirit. It is democracy after all if you have to represent people's wish.
So don't worry about federal structure, there are more than enough safeguards present in process to ensure will of people not politicians is presented.
Even the election to RajyaSabha on proportional representation is such that no single party can abuse the system even after brute majority, it is even named 'Council of State' and accorded powers such that the rights of states and opposition are protected and heard.
This is not unprecedented, from independence there is no shortage of states being created, altered, dropped, renamed, bifurcated, land outside India subjugated and assimilated with proper constitutional framework.
And how or why should other states be consulted in this? What stakes do they have except center and J&K? Why should they be party to dispute or consultation? And if you are talking about informal consultations majority of states are BJP ruled, they are automatically supporting it.
It looks so fancy to say we should create consensus, we should consult everyone in essays and answer writing, in reality consensus is rarely reached so following the procedure is more than enough.
Yeah that's why the term 'residual powers to Union' was given. Whatever is not mentioned automatically is under Union and they have the power to make laws the way they want as long as they are abiding by the constitution.
In the end for any act or process we can always say we support it but don't like the way it is done, that's the go to line when we have no substantial fact or argument to oppose something just our wishful thinking.
Punjab has an international border, while J an K has an unsettled boundary. There never was cross border insurgency in Punjab, with only 20000 Sikhs in Pakistan, they are an endangered specie. No, other state has seen the level of cross border insurgency that Jammu Kashmir has... Maybe you feel that losing hundreds of lives is secondary and following due process is the most important thing. The ones in power think otherwise...Punjab suffered from the same crisis and didn't have to lose its statehood while successfully overcoming the challenge
They did mention revoking Article 370 in their manifesto and I don't have any objection to that. But I'm sure they didn't say anything about bifurcating a full state into union territories.
Thanks @_Anonymous_ I will try and address this to my best knowledge and belief
This is the right question to ask. Am glad you asked it. I will try and explain whatever little i know about the history of my state to explain why it is where it is and i will leave it to your judgement then
Here is the sequence of events that happened
- Partition happened and our founders went about getting the instrument of accession signed by multiple princely states
- Hyderabad and J&K (and I think Junagarh as well) did not sign the instrument
- Hyderabad not only did not sign, but was trying to cut deals with Pakistan.
- Iron man of India, our Home minister - Sardar Patel took a danda and sent army in and we merged hyderabad into India. No one said anything and we sent nawab on a long holiday never to come back
- J&K, which i think was nehru's maternal side home chose to stay independent. however it was a kingdom where majority was ruled by minority (Like mughals ruled primarily hindu India, Raja Hari singh ruled a muslim J&K). Be as that may be, they did not side with india or pakistan
- From Pakistan side, Kabailis entered the state - started plundering, looting and raping and captured half the state - It is still a question if Gilgit Baltistan actually ever was under full control of maharaja or not - but that is a separate topic for another day
- So, Maharaja wakes up and goes begging to Delhi for help
- India says, sign the instrument of accession and we will help
- A condition is put (and really supported by Indian leadership (except Sardar Patel)) that the people of the state will be able to chose who do they want to go with. So, the state is accorded a special right, which comes into constitution as a temporary clause
- They were allowed their own flag, prime minister and constitution
- india controlled foreign affairs, defence and one more thing and EVERYTHING else was owned by J&K. Imagine, India had 2 prime ministers (one of the state of J&K)
- Not only that, India took the issue to UN in the first place (AUGUST 1948) - So, OUR leader did the donors of making this an international issue. lt was Indira Gandhi, who after 1971 victory, forced pakistan to sign that our issues are bilateral (and God bless her for that specific foresight), that we really got ourselves off the US and UN pressure. China was no one back then, and Russia was a beloved friend
- The govt of J&K plays a trick, i think in 1953, and passes a resolution to make 370 permanent and takes away the right from centre to repeal it (which is what you will see come up very very soon for a SC hearing)
- Congress (Con-gress it should be known as), over a long 50 year period goes from one mistake to another and does it second biggest mistake in 1989, when separatists want to participate in election, congress creates a sham election and NC wins defrauding all these guys you today know as separatists. they gets disillusioned and pick up weapons and guess what - Pakistan comes in to their help
- That was the time, when Khalistan moment was fading, Russia had lost the afghan battle and there were a lot of free guerrilla in Afghanistan and free ISI in pakistan to fan the movement
- Since then, it has been a consistent downhill battle, Jagmohan did well but consecutive state govt and central govt kept making a mess of the situation
- Now there are many nuances and details alike that i have missed as i am trying to give the big picture (apologies for any glaring misses)
So, the bottom line of the long story is - India gave a guarantee - a constitutional one at that - To keep Kashmir as a special state. and we kept it alive for 70 years (70 bloody years). THAT IS THE ONLY THING, that makes Kashmir special. A Govt of India guarantee on Indian Constitution Paper.
4-5 generations have passed with a strong and established belief that Kashmir will be resolved with Pakistan and Kashmiris will be asked who will they go with. You may feel agitated at this whole drama. But put yourself in the show of a 16-21 year old Kashmiri boy - He has seen only AFSPA (needed but has its costs and consequences for local population), he has grown up on islamist teachings, constant strikes, and has been told (rightly) that he has a right to decide. THAT is all that young boy will now ask for. and he will say, you committed to me. What we have to decide is what is the answer we want to give him and how. Like a lawyer today said - today you changed 370. tomorrow you can change the right to life. That is not how constitutions work. That Kashmir is a part of India, was decided in October 1947. Modi just declared it in August 2019(i do like the tag line - modi hei to mumkin hei; though i don't agree with how they did it - it was about time). The process of adjusting and reconciling for those missing 70 years will costs us some and we should try and do that as humanly as possible.
So, to answer your question - Kashmiri is nothing special. Just like a Jammu guy or a Bihar guy or a Tamil fella. It is the Politics of Indian Govt that made it special. Unfortunately it was done as a constitutional guarantee anyhow to remove those and the legality of that will become the question (am not even going to morality - as then we have to look at the morality of throwing kashmiri pandits out - who were as much kashmiri as any of those stone pelters today)
Two side points
- Many people don;t know that versions of article 35A are applied in other states as well - you cannot buy land in HP, Utranchal and Arunachal, if you are not from that state. But given the politics, people only talk about 35A of Kashmir. Again, another topic for another day
- I will not go into the propaganda of who paid fair share and consumed fair share or not. That is a long discussion, i am willing to have with people some day as there are significant discrepancies in that story as well. BIMARU states take way more than J&K, except defence. And Defence is not a state expense. but anyways... separate and emotional topic.
my 2 humble cents.. Happy to answer follow up questions - though travelling a bit for next 3 days.
Jai Hind.
Punjab has an international border, while J an K has an unsettled boundary. There never was cross border insurgency in Punjab, with only 20000 Sikhs in Pakistan, they are an endangered specie. No, other state has seen the level of cross border insurgency that Jammu Kashmir has... Maybe you feel that losing hundreds of lives is secondary and following due process is the most important thing. The ones in power think otherwise...
Oh yes, you will shortly be getting an apology letter from Modi and Doval for not disclosing their full plan to you on solving the Kashmir problem.
As well as a confidential envelope on all the future strategic acts they are going to do but haven't disclosed them yet to you
Please keep an eye on the FedEx guy
That's only temporary, they will get full state hood soon.What is unprecedented is to reduce a state enjoying full statehood to a union territory.
It is SC proof, unless Hon'ble judges go ultra vires there is not much they can do.Unless this action, as a result of the reorganization bill not withstanding a judicial review, is stayed by the SC there check against its future abuse
There is no penalization by this bill, only to remove special status, J&K was not first among equals as you said, it was first then the secondary Indian states. The bill only removes that status, as far as making it a UT goes it's more of a temporary provision to streamline the process, once they adapt to system UT serves no purpose and will be removed.Like a ruling party enjoying brute majority in both houses of the parliament, could impose Article 356 in any state and getaway with the murder of democracy, this reorganization bill has all the ominous signs of a new 'Article 356' in the making
Does anyone know why Atal ji had agreed to make LOC as a temporary border and starting people to people contact with Nawaz Shariff and Musharaff as well? I don't think Modi will do the same, but what if Pakistan does the same and recognize POK as integral part of Pakistan and LOC as IB. No jihadi tanzeem is going to protest as we have seen in last one week that no mass scale protest werec held by LeT, TLP ,JeM and others.
Does anyone know why Atal ji had agreed to make LOC as a temporary border and starting people to people contact with Nawaz Shariff and Musharaff as well? I don't think Modi will do the same, but what if Pakistan does the same and recognize POK as integral part of Pakistan and LOC as IB. No jihadi tanzeem is going to protest as we have seen in last one week that no mass scale protest were held by LeT, TLP ,JeM and others.
Save your sarcasm, I get plenty of it from my better half. If you have a serious argument to make, I'm all ears for it.
What is unprecedented is to reduce a state enjoying full statehood to a union territory.
They say power corrupts and absolute power corrupts absolutely. I agree Abdullahs have done a massive disservice to our nation.Everything till signing the instrument of accession on Oct 26/27 1947 is okay. It was the same document signed by the other 530 odd princely states of India which the Maharaja of Kashmir also signed.
The crime on India and Kashmir started when Sheikh Abdullah acting as a proxy for the deep state of Pakistan conspired through Nehru (who was manipulated for his illicit affairs with women) to keep the Kashmir issue unsettled and disputed.
There is no parallel to this in the rest of India. Remember this ...
It’s not so much that power corrupts as that the corrupt seek power
We aspire to corrupt in order to govern ... We have taken from people all the gods of heaven and earth ... their religious faith, their faith in monarchy, their honesty and their family virtues ... - Giuseppe Mazzini, 1805-1872, Founder of Italian Freemasonry and the Mafia
If a bilateral accord can be arrived at, converting the current LoC (including the current position in siachen)into a IB will likely be the minimalist position of the the Indian government. We are not sure what Modi governments thought are on this position, but I doubt it is not inclined to such an understanding.
My blood boils on that. One has seen people becoming refugees in their own country. That is why i said "(am not even going to morality - as then we have to look at the morality of throwing kashmiri pandits out - who were as much kashmiri as any of those stone pelters today)". Kashmiris have NO moral high ground - THAT was the point that I infer with that.Thanks for the long history of events. As you accepted yourself Kashmiri is not special and I appreciate that fact. As far as article 370 is concerned it was a temporary provision very clearly mentioned in the Constitution and if it is not, then Kashmiris are most welcome to challenge that in the court of law. I am sure Govt of India is not that stupid that it didn't consult best of the constitutional experts before taking such a drastic step. Neither you nor me are experts in that area. So let's wait for the Supreme Court to deliver the verdict. BTW, there was no guarantee in constitution for the special state status. I would really appreciate if you can point me to that provision. I agree that it's the stupid politicians who let it continue for 72 years !! Anyway better late than never!!
During 1947, the kings were promised privy purses. What happened to that ?? There are hundreds of times the constitution has changed over last 69 years and it will change in future.
I do not want to get into statements like " a lawyer today said - today you changed 370. tomorrow you can change the right to life ". I would just suggest the lawyer should look for some other profession. His legal and logical argument sucks !!
I never suggested the change should not be done in human way. I am sure Govt of India will do it's best. However the Kashmiris also must respond like humans. If they start their monkey business again, they should expect similar response in return!! Hint: Law and order is with central government.
BTW The valley folks didn't really behave like humans when they forced Pandits to leave like paupers. I am surprised in spite of presenting such long list of events, you chose to ignore this painful event while expecting Indians to understand the pain of Kashmiris!!
No jihadi tanzeem is going to protest as we have seen in last one week that no mass scale protest were held by LeT, TLP ,JeM and others.