A friend of mine while discussing Article 370 suddenly retorted back by saying, why cannot we abrogate this article since this is an article present in the constitution of India. If we can have hundreds of amendments in our constitution, why not amend this one as well. I always believed that it is always in the scope of the
Indian Parliament to remove or amend this Article. I could have replied to my friend in boxing the details, but I thought to share it here on my wall for all my friends to know and evaluate. I am reproducing the same here for the esteemed readers to read and evaluate.
How was the fraud committed?
Powers to make any amendments in the COI rests ordinarily rests with the Parliament through Article 368, PART XX
AMENDMENT OF THE CONSTITUTION' which says "An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each
House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, [it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill.
Thus, in ordinary terms even with the Temporary provisions with respect to the State of Jammu and Kashmir through Article 370, the Parliament of India still reserved its rights to alter or amend the Article 370 through Article 368. In utter disregard to the Constitution of India and to please the separatist elements of Valley, through Sheikh Abdullah, the then Government of India made changes in Article 368 through a simple Presidential order which ironically didn't find its way into the main body of Constitution of India ( For obvious
reasons that it was illegal to tamper with the COI in this manner) but as an Appendix to the Constitution, which remained away from the eyes of nation and was not discussed or brought to light. The Appendix I of the COI says:
[To clause (2) of article 368], the following proviso shall be added, namely:—
“Provided further that no such amendment shall have effect in relation to the State of Jammu and
Kashmir unless applied by order of the President under clause (1) of article 370.”
Thus when analysts say that this Article can be amended or even abrogated, they actually mean to undo this fraud through the same Presidential order, which means the President of India can pass an order and declare the Appendix I of COI null and void. Even the consent of the Parliament is not necessary since a precedence has been set by the then President through his presidential order. Once the Appendix I is provided null and void, Article 370 becomes just another article of COI and will stand prone to amendments.
In nut shell, we must understand that it was just the will of the then central government to introduce this Article and accord special status to J&K through Art 370, even after facing stiff opposition from the architect of constitution, Sh B R Ambedkar , Maulana Hasrat Mohani, Pt Shyama Prasad Mukherjee and many others, but Sardar Patel and Pt Nehru went ahead with the article and made future safe guards for it.
Now it is the same will needs to be exercised by the current Central Government to undo this fraud. Just the matter of will and sheer guts. Will our NaMo bell the cat, is the million dollar question.
Indian Parliament to remove or amend this Article. I could have replied to my friend in boxing the details, but I thought to share it here on my wall for all my friends to know and evaluate. I am reproducing the same here for the esteemed readers to read and evaluate.
How was the fraud committed?
Powers to make any amendments in the COI rests ordinarily rests with the Parliament through Article 368, PART XX
AMENDMENT OF THE CONSTITUTION' which says "An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each
House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, [it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill.
Thus, in ordinary terms even with the Temporary provisions with respect to the State of Jammu and Kashmir through Article 370, the Parliament of India still reserved its rights to alter or amend the Article 370 through Article 368. In utter disregard to the Constitution of India and to please the separatist elements of Valley, through Sheikh Abdullah, the then Government of India made changes in Article 368 through a simple Presidential order which ironically didn't find its way into the main body of Constitution of India ( For obvious
reasons that it was illegal to tamper with the COI in this manner) but as an Appendix to the Constitution, which remained away from the eyes of nation and was not discussed or brought to light. The Appendix I of the COI says:
[To clause (2) of article 368], the following proviso shall be added, namely:—
“Provided further that no such amendment shall have effect in relation to the State of Jammu and
Kashmir unless applied by order of the President under clause (1) of article 370.”
Thus when analysts say that this Article can be amended or even abrogated, they actually mean to undo this fraud through the same Presidential order, which means the President of India can pass an order and declare the Appendix I of COI null and void. Even the consent of the Parliament is not necessary since a precedence has been set by the then President through his presidential order. Once the Appendix I is provided null and void, Article 370 becomes just another article of COI and will stand prone to amendments.
In nut shell, we must understand that it was just the will of the then central government to introduce this Article and accord special status to J&K through Art 370, even after facing stiff opposition from the architect of constitution, Sh B R Ambedkar , Maulana Hasrat Mohani, Pt Shyama Prasad Mukherjee and many others, but Sardar Patel and Pt Nehru went ahead with the article and made future safe guards for it.
Now it is the same will needs to be exercised by the current Central Government to undo this fraud. Just the matter of will and sheer guts. Will our NaMo bell the cat, is the million dollar question.
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