There will be no dual citizenship in Jammu and Kashmir. Under Article 370, only permanent citizens of Jammu and Kashmir have the right to vote. People from other countries cannot vote here and cannot run for office. Now, after this historic decision by Narendra Modi`s government, any Indian citizen can become a voter and candidate. India`s Supreme Court ruled in April 2018 that Section 370 became permanent when the state Constituent Assembly ceased to exist. Although Article 370 is still part of the constitution, the Indian government has declared it “ineffective” to circumvent this legal obstacle. The Constitutional Decree of 1950 outlined matters on which the Union Parliament would have the power to pass laws for Jammu and Kashmir in accordance with the instrument of accession; 38 topics from the EU list have been included. What is Pakistan doing on Indian territory? After 50 years, how can they expect India to never draw a line in the sand by legal means to prevent more activism on their part? Pakistan`s international border excludes any part of India, making it an Islamic republic from the outset and not a democratic nation like India, of which Kashmir is a state by accession. It`s simple. There will be no peace until the colonization of this region by anti-democratic elements ceases. Article 370 of the Indian Constitution was a “temporary provision” inserted on 17 October 1949, granting special powers to the State of Jammu and Kashmir and legitimately giving it the power to have its own constitution.
[33] Therefore, only the provisions of Articles 1 and 370 of the Constitution of India applied to the state. In order for the central government to extend the scope of a central law to the state on matters contained in the instrument of accession (IoA), it needed “consultation”, while to extend the coverage of laws on other matters, it needed the “consent” of the state government. [34] Similarly, Article 35A of the Indian Constitution, introduced by a constitutional decree in 1954, empowered the state legislature to define “permanent residents.” Those who were defined as permanent residents were entitled to property rights, employment, scholarships and other social benefits in the state. [33] This week, October 1, 2019, it was reported that the court had begun hearings on the above-mentioned issue, but had given the central government 28 days (until November 14) to respond to all motions related to Jammu and Kashmir. This was met with resistance from petitioners, as the deadline for the implementation of the state reorganization is October 31. These previous Article 370 presidential decrees are also controversial and are the subject of the Kashmir dispute. [21] [22] [23] Kashmir scholar Sumantra Bose summarizes the policies of the period 1953-63, when Bakshi Ghulam Mohammad was Prime Minister of Jammu and Kashmir, with the following words: These kinds of discriminatory clauses are considered God-created rules. How can ordinary people in India be justified on these grounds? It is a disgrace in terms of violations of the fundamental rights of the Constitution. The denial or withdrawal of access to the State is a flagrant violation of fundamental law. Of course, the state of emergency, the curfew and the prominent domain would rob the citizens.
But in the best interest of the country, these things should be stopped. Kashmir`s racial and religious constitution would be a disgrace to the secular Indian Republic.
