Heena Sharma Blog

"I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and coercion...We have fought in good fight about Kashmir on the field of battle... (and) ...in many a chancellery of the world and in the United Nations, but, above all, we have fought this fight in the hearts and minds of men and women of that State of Jammu and Kashmir." - Nehru, speaking in the Lok Sabha in 1952 Nehru’s promise lies in tatters today; as does every other promise of autonomy made by the Government of India. Article 370 gives a ‘special status’ to the State of Jammu and Kashmir. On Monday, the Government effectively abolished that status. It did so without touching the provision. It also brought in a constitutional amendment, without amending the constitution. Crucially, it did all of this after zero consultation with the pe...

Rajya Sabha on Monday approved a resolution revoking the special constitutional status of Jammu and Kashmir and passed a Bill to split the state into two Union Territories, as Home Minister Amit Shah promised to restore full statehood after normalcy is restored in the militancy-hit region. Under Article 370 of the Constitution, Jammu and Kashmir enjoyed complete autonomy and the state legislature was free to draft its own laws except in the areas of communications, defense, finance, and foreign affairs. Also, Indian citizens were prohibited from purchasing land in the state. So, what will exactly change in J&K if the Lok Sabha today passes the Reorganisation Bill? Read More Article Source -> Business Standard

With speculation rife that the Bharatiya Janata Party (BJP) -led central government could abolish or try to amend Article 35A and article 370 , which give a special status to Jammu & Kashmir, there is a lot of confusion as to what these two statutes entail. Political parties on either side of the debate have voiced their opinion, with some calling tinkering with Article 35A “like setting powder keg on fire”, while others have supported the idea calling it a move to unify of the country. What is Article 35A? This provision of the Constitution allows the Jammu & Kashmir state Assembly to define who is and is not a “permanent resident” of the state. To further break it down, this provision of the Constitution gives the legislators from Jammu & Kashmir the exclusive power to determine as to which people in or outside the state will have special rights and privileges granted by the state. The provision, inserted through a special Presidential order in 1954, also gives...