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Article 370 of the constitution confers some far reaching powers to the state of J and K. On 17the July the Kashmir High Court has given a landmark judgement. The bench of 2 judges has disallowed the applicability of a  recent act of the Union of India in Kashmir. The judgement that runs into 76 pages also says that Kashmir is a Sovereign state and is governed by the constitution framed by the Maharajah in 1939. It also says no laws are applicable to Kashmir passed by the Indian parliament, without the approval of the J and K legislature.

Two of my friends in Abu Dhabi asked me about it and opined that this judgement weakens India's case on Kashmir. What is the opinion?

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  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    I guess the case should be taken up in the supreme court since anything to do with Jammu and Kashmir and its law agencies is highly suspicious...I am sure others will hope that India has as little or no say in the Kashmir matter ..


    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


     "One Nation, One Citizenship". is the most essential thing. By abolishing Art 370, Kashmir will come to main stream India and will enjoy fruits development in better manner. It is argued that insurgency, terrorism can be better handled. Currently the Armed Forces Special Power Act which enacted by Legislature of J&K allows Central Armed forces to exercise few powers related to Law& Order in some areas.


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    Kashmir is in india and it belongs to secular sovereign and republic state so its not write to say that kashmir which is in india is only a sovereign state

    bhuyali saroj


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    rambabu wrote:

     "One Nation, One Citizenship". is the most essential thing. By abolishing Art 370, Kashmir will come to main stream India and will enjoy fruits development in better manner. It is argued that insurgency, terrorism can be better handled. Currently the Armed Forces Special Power Act which enacted by Legislature of J&K allows Central Armed forces to exercise few powers related to Law& Order in some areas.

    Who will bell the cat  by abolishing article 370 ? Even Modi and BJP have developed cold feet 


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    usha manohar wrote:

    I guess the case should be taken up in the supreme court since anything to do with Jammu and Kashmir and its law agencies is highly suspicious...I am sure others will hope that India has as little or no say in the Kashmir matter ..

     

    I have read the judgement that goes into 76 pages and it extensively quotes earlier Supreme Court rulings. In fact Indian leadership have cut their own feet

     


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    MG Singh wrote:
    rambabu wrote:

     "One Nation, One Citizenship". is the most essential thing. By abolishing Art 370, Kashmir will come to main stream India and will enjoy fruits development in better manner. It is argued that insurgency, terrorism can be better handled. Currently the Armed Forces Special Power Act which enacted by Legislature of J&K allows Central Armed forces to exercise few powers related to Law& Order in some areas.

    Who will bell the cat  by abolishing article 370 ? Even Modi and BJP have developed cold feet 

     

    It is clear you are in a hurry. Hurry will not hasten the things. One should remember  that Modi government inherited a grave yard. Courtesy erstwhile blunders of the previous governments. What ever  damage has been done has been done already. When the Nation could tolerate the misrule for decades, there is nothing wrong in giving some time more for the new government. The conclusion that Modi developed cold feet is a hasty conclusion.

     


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    This is a constitutional issue governing international relations.  It is a fact that J & K has its own constitution.  The accession to India is conditional which means that J & K retains autonomy and no Indian law applies to J & K automatically. That is why all acts passed by parliament include the section- "The Act shall apply to whole of India except the state of Jammu & Kashmir'.  This issue cannot be talked only in emotive terms. The ruling party at center talked loudly about scappring article 370 but is now compromising everywhere may be having realized that facts and emotions differ.  


    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    I sincerely believe Ruling party has not compromised on the Issue scrapping of article 370. Consider the fact the ruling party has a plethora of issues on National interest. It has not got Ready to administer country. It has to find solution for all the problems basing on the merits of the respective problems like Food for all, Modernisation  of the country in par with other countries to name a few.

     


  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    MG Singh wrote:
    usha manohar wrote:

    I guess the case should be taken up in the supreme court since anything to do with Jammu and Kashmir and its law agencies is highly suspicious...I am sure others will hope that India has as little or no say in the Kashmir matter ..

     

    I have read the judgement that goes into 76 pages and it extensively quotes earlier Supreme Court rulings. In fact Indian leadership have cut their own feet

     

    That is very clear, if they had taken steps right after independence to integrate the area , probably things would not have turned out the way they are  now..To blame BJP now is foolishness..


    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!


    Thank you said by: Kalyani Nandurkar

  • Re: Is Kashmir a Sovereign state and can make its own laws

    by » 5 years ago


    usha manohar wrote:
    MG Singh wrote:
    usha manohar wrote:

    I guess the case should be taken up in the supreme court since anything to do with Jammu and Kashmir and its law agencies is highly suspicious...I am sure others will hope that India has as little or no say in the Kashmir matter ..

     

    I have read the judgement that goes into 76 pages and it extensively quotes earlier Supreme Court rulings. In fact Indian leadership have cut their own feet

     

    That is very clear, if they had taken steps right after independence to integrate the area , probably things would not have turned out the way they are  now..To blame BJP now is foolishness..

    True...Congres who were in power through all these decades have weakened India's hold over Kashmir by allowing too much leniency to the Abdullahs. The very fact that hundreds of thousands of Kashmiri Pandits were driven out of their homes and state should have been the cause of great worry and concern for the govt. but since the concern never showed, the Pandits are still displaced, goes to show that maybe it was deliberate on the part of congress.


    "I am free of all prejudice. I hate everyone equally."
    - W. C. Fields :)


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