As National Conference moves Supreme Court over Article 370, a look at instances where SC has weighed in on the extent of President’s powers under this law.
Advocate Rajeev Dhavan, appearing for the lead petitioner and the All India Sunni Waqf Board, told the Supreme Court that he was being put through "torture" in assisting with the case.
Petitioners in Supreme Court accuse high courts across the country of weakening the stringent clauses of SC/ST Act that Modi govt had restored in 2018.
Ex-Supreme Court judge Ashok Kumar Ganguly said the decision to grant special status to Jammu and Kashmir under Article 370 was temporary and as such can't be forever.
Lucknow doctors treating the Unnao rape survivor and her lawyer said the two were still serious, but stable. The lawyer has been taken off life-support but is in coma.
Dharmesh Sharma has passed some crucial judgments, especially those related to crimes against children and women, while also hearing cases under POCSO Act.
The Supreme Court noted the family's hesitation to transfer the Unnao rape victim out of Lucknow, and put the transfer order in abeyance to enable the CBI to complete its investigation.
The lawyers say they will resume strike if govt revives decision to create the tribunal, which they say encroaches upon HC's judicial independence & powers.
The proposed amendment to the Insolvency and Bankruptcy Code aims to reduce timelines and provide for a mechanism that involves minimal interaction with the court. It fails on both counts.
Open to public feedback until 26 November, the revised guidelines, among other changes, give CA firms more flexibility to advertise & promote their services.
Bihar is blessed with a land more fertile for revolutions than any in India. Why has it fallen so far behind then? Constant obsession with politics is at the root of its destruction.
India has been too soft on this over last 70 years imo, not a bad thing in itself.
However if Valley of Kashmir starts BS and violence etc , i hope India settles 50 million of NON MUSLIM landless people for all over the country and swamp the Kashmir valley. (as being muslim is their claim for separation that claim must be wiped out)
Message being behave and enjoy all equal rights as rest of the country or else. Advice or warning their choice. Time for 70 year old games are over.
Good going India.
Feel lucky it is not Uygur Xinjiang muslims in China.
The Modi government has rightly finished the Special status of J&K by abrogating relevant provisions of Art 370 .
The resolution has been passed by both the two houses of parliament after a thorough debate upon it enjoying the powers of J&K Vidhan Sabha. Legislation issued by President of India is well within the legal precinct of constitutionality.
Since the amendment and other resolutions have been passed by the houses of the of the Parliament by more than 2/3rd majority of the members voted, there is no illigality at all.
How about if I say denying me rights to buy land and enjoy other facilities in Kashmir is an assault on all citizens like me… Calling abrogation if 370 an assault on their existence is utter nonsense….
Why do not you try buying land in say
SIKKIM
NAGALAND
ADIVASI LANDS ANYWHERE IN INDIA
You are trying to creat a falls narative .
You are doing knowingly .
Its not just about land. Nagaland, Assam, Sikkim don’t have separate constitution. IPCs, CRPCs and all others are applicable to these states. In J & K, none of these were applicable. They had their own laws entirely. Laws passed by Parliament were not applicable in J & K, but are in Nagaland, Assam, Sikkim etc. Only some special provisions regarding land and tribal & linguistic rights are given to NE states. Situation between the two is completely different. No false narrative is built.
It is a good decision by NC to approach SC for a judgment in this matter. It gives enough time for both parties to argue the case within the legal and democratic framework and not resort to violence. While SC decides on the merits, it must be understood that the government ought to have weighed in all the factors while deciding to go ahead with this momentous decision, just like Indira did when she abolished privy purses in 1970s. In the worst situation, this government is in a position to bring in constitutional amendment as well and put it in the Annexure XV to take it beyond the review by SC.
If the seeds are sowed with neferious and vested interest and adding wrong mannure for growing fruits. Then the land will either destroy the tree or will yield filthy and sour fruits with punjent smell. So same is applicable to article 35a and 370 respectively. So scrapped of both these articles by Centre Government is nice decision for Mother India including J&K and Ladakh.
Unless a direct challenge to the validity of Article 370 has been made earlier and decided, all the so called observations of the Supreme Court are not worth considering leave aside being binding while determining a Challenge to the Action taken by the Union. Further, what is binding is the ratio decidendi and not obiter dicta of a Supreme Court Judgement upon a Subsequent Bench of the Before being revoked, no challenge could be made to Union Action and the Entire Field is vacant for Judicial Determination.
The Hindu always a news paper with leftist ideology. According to them Pakistan and China are two good neighbors who are very amenable to talk sitting across the table. According to The Hindu these two countries have been solving all issues with India very peacefully and it is all peaceful in Kashmir for the 70 years. And they want us to believe that.
J&K people are victim of Art. 370 & 35A which was grossly misused by National Conference, PDP, Congress, Separatists who enjoyed total wealth of state by misusing these Special status. The politicians like Umar Abdullah, Mehbooba are still living in palatial govt buildings allotted to them as CM with all amenities like personal security, electricity, water, security guards etc. Several hundreds crores hard earned public money was spent by these politicians to furnish residential buildings occupied by them. The Separatists are also enjoying govt facilities but they are working as Pakistani agent to incite violence within the state while their wards & families are living in foreign heavens at the cost of public money. The Kashmiri politicians have also made castles in foreign heavens to enjoy life with looted money which amassed while in power. The govt must investigate all past corruption & irregularities of politicians and they must be arrested under New terror law. Similar action is needed against Separatists who were responsible for killing of 40000 innocent persons in the valley by inciting violence with connivance of Pakistani terrorists. The main reason for distress, poverty & backwardness faced by people are Kashmiri politicians and Separatists who must be dealt sternly by people for peace & prosperity in the valley. If people will not to do so, they will remain poor & unhappy in future also.
India has been too soft on this over last 70 years imo, not a bad thing in itself.
However if Valley of Kashmir starts BS and violence etc , i hope India settles 50 million of NON MUSLIM landless people for all over the country and swamp the Kashmir valley. (as being muslim is their claim for separation that claim must be wiped out)
Message being behave and enjoy all equal rights as rest of the country or else. Advice or warning their choice. Time for 70 year old games are over.
Good going India.
Feel lucky it is not Uygur Xinjiang muslims in China.
The Modi government has rightly finished the Special status of J&K by abrogating relevant provisions of Art 370 .
The resolution has been passed by both the two houses of parliament after a thorough debate upon it enjoying the powers of J&K Vidhan Sabha. Legislation issued by President of India is well within the legal precinct of constitutionality.
Since the amendment and other resolutions have been passed by the houses of the of the Parliament by more than 2/3rd majority of the members voted, there is no illigality at all.
How about if I say denying me rights to buy land and enjoy other facilities in Kashmir is an assault on all citizens like me… Calling abrogation if 370 an assault on their existence is utter nonsense….
Why do not you try buying land in say
SIKKIM
NAGALAND
ADIVASI LANDS ANYWHERE IN INDIA
You are trying to creat a falls narative .
You are doing knowingly .
Its not just about land. Nagaland, Assam, Sikkim don’t have separate constitution. IPCs, CRPCs and all others are applicable to these states. In J & K, none of these were applicable. They had their own laws entirely. Laws passed by Parliament were not applicable in J & K, but are in Nagaland, Assam, Sikkim etc. Only some special provisions regarding land and tribal & linguistic rights are given to NE states. Situation between the two is completely different. No false narrative is built.
It is a good decision by NC to approach SC for a judgment in this matter. It gives enough time for both parties to argue the case within the legal and democratic framework and not resort to violence. While SC decides on the merits, it must be understood that the government ought to have weighed in all the factors while deciding to go ahead with this momentous decision, just like Indira did when she abolished privy purses in 1970s. In the worst situation, this government is in a position to bring in constitutional amendment as well and put it in the Annexure XV to take it beyond the review by SC.
If the seeds are sowed with neferious and vested interest and adding wrong mannure for growing fruits. Then the land will either destroy the tree or will yield filthy and sour fruits with punjent smell. So same is applicable to article 35a and 370 respectively. So scrapped of both these articles by Centre Government is nice decision for Mother India including J&K and Ladakh.
Unless a direct challenge to the validity of Article 370 has been made earlier and decided, all the so called observations of the Supreme Court are not worth considering leave aside being binding while determining a Challenge to the Action taken by the Union. Further, what is binding is the ratio decidendi and not obiter dicta of a Supreme Court Judgement upon a Subsequent Bench of the Before being revoked, no challenge could be made to Union Action and the Entire Field is vacant for Judicial Determination.
The Hindu always a news paper with leftist ideology. According to them Pakistan and China are two good neighbors who are very amenable to talk sitting across the table. According to The Hindu these two countries have been solving all issues with India very peacefully and it is all peaceful in Kashmir for the 70 years. And they want us to believe that.
J&K people are victim of Art. 370 & 35A which was grossly misused by National Conference, PDP, Congress, Separatists who enjoyed total wealth of state by misusing these Special status. The politicians like Umar Abdullah, Mehbooba are still living in palatial govt buildings allotted to them as CM with all amenities like personal security, electricity, water, security guards etc. Several hundreds crores hard earned public money was spent by these politicians to furnish residential buildings occupied by them. The Separatists are also enjoying govt facilities but they are working as Pakistani agent to incite violence within the state while their wards & families are living in foreign heavens at the cost of public money. The Kashmiri politicians have also made castles in foreign heavens to enjoy life with looted money which amassed while in power. The govt must investigate all past corruption & irregularities of politicians and they must be arrested under New terror law. Similar action is needed against Separatists who were responsible for killing of 40000 innocent persons in the valley by inciting violence with connivance of Pakistani terrorists. The main reason for distress, poverty & backwardness faced by people are Kashmiri politicians and Separatists who must be dealt sternly by people for peace & prosperity in the valley. If people will not to do so, they will remain poor & unhappy in future also.
The Hindu has called the recent process Hop, skip and jump.