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APPENDIX AG3 to CIFJKINDIA's petition to the President of India
- Article 370 is responsible for this!
AG3-1. Article 370 undermines the entire Constitution of India and hence the Parliament and the People of India since it makes it possible for the Jammu and Kashmir State Government to enact any and every such law that it may deem fit except any that has direct relationship with regard to Defense, Foreign Affairs and Communications.
AG3-2. As pointed out by eminent Kashmiri Hindus, Article 370 has had a negative effect on the well being of the Kashmiri Hindu community, as well as on the socio-economic development of the entire State and on its entire population. Article 370 has resulted in the deterioration of the situation in J&K from the combination of segregation of the state from India due to Article 370, and due to import of fundamentalism from POK and hence Abrogation of Article 370 will be a positive step.
AG3-3. The State of J&K has a Flag of its own. The Indian National Flag can be flown only along with the State Flag.
AG3-4. Jammu and Kashmir is the only State that has dual citizenship, one of the State and the other of India. Even the voters lists for State elections and for Parliament elections are not common.
AG3-5. If a girl belonging to Jammu and Kashmir marries a boy from outside the state, who is not a state subject, she loses all her rights as a 'State Subject'. Even if her children are then born in the state, those children have no rights as state subjects!
AG3-6. The wealth tax cannot be imposed in the state.
AG3-7. The Urban Land Act, 1976, which is in force in the entire country, is not applicable to Jammu and Kashmir. Therefore, rich landlords, belonging to the majority community in the Valley, indulge in economic exploitation of the poor and the Indian citizens, who are non-state subjects and living in the valley, cannot even secure loans from the financial institutions.
AG3-8. The State Government of Jammu and Kashmir did not accept the Anti-defection law adopted in the country; it made several amendments. The decision on defection is not taken by the Speaker of the Assembly but by the leader of the connected political party, giving unbridled authority to the leader of the party.
AG3-9. The Governor of the State is usually not a citizen of the state, and hence he has no right to vote.
AG3-10. Burning of the national flag is not a cognizable offence in
AG3-11. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.
AG3-12. International agreements entered into by the Union Government under Article 253 of the Constitution cannot be extended automatically to Jammu and Kashmir.
AG3-13. Constitutional protections for minorities are not applicable in J&K.
AG3-14. In J&K, residential pockets of Hindu majority were combined with Muslim majority districts so that no Kashmiri Hindu could get elected to the assembly. Out of the J&K assembly's total strength of 86 (excluding 25 seats reserved for areas of the state currently under Pakistan's occupation), 41 are earmarked for the districts of Jammu and Ladakh together, while 45 are earmarked for the much smaller Kashmir valley which is only sparsely populated compared to the two other regions.
AG3-15. The admissions of Kashmiri Hindus to various academic institutions were restricted to a negligible 2-8 percent of the total admissions made every year, when they were amongst the most meritorious ones.
AG3-16. The Union Government enacted the Religious Institutions (Prevention of Misuse) Act, 1988. It was made applicable to all the States of the Union except J and K. Because of Article 370, concurrence of the State Government was needed for extension of this law to the State, but the same was not given. Says Jagmohan: "Nowhere was this law needed more than in the State of J and K. Nowhere were religious places misused more than here." This is a classic example of how Article 370 has influenced Jammu and Kashmir State laws on issues that the Article does not itself address explicitly! Restrictions imposed by Article 370 have empowered the J&K State to enact absurd State Constitution laws in later years, fully exploiting the irrational continuation of the 'Temporary Provisions' of Article 370.
AG3-17. The Constitution of India contemplates three types of emergencies:
*Emergency arising out of (i) war
or (ii) internal disturbance (Article 352)
*Breakdown of constitutional machinery
in the States (Article 356)
*Financial emergency (Article 360)
As per the Constitution (Application to J&K) Order 1976 issued by the President of India under Article 370, there is a modification of Article 352 in its application to J&K. This modification says "No Proclamation of Emergency made on grounds only of internal disturbance or imminent danger thereof shall have effect in relation to the State of Jammu and Kashmir unless---(a) It is made at the request of or with the concurrence of the Government of that State, or (b) Where it has not been so made, it is applied subsequently by the President to that State at the request or with the concurrence Government of that State." (The modification (a) was introduced by a similar Order of 1974.) AG3-18. Two Presidential Orders, respectively of 1964 and of 1993, modified article 356 for J&K. The position today is as follows: In clause (1) article 356, references to provisions or provision of this Constitution shall, in relation to the State of J&K, be construed as reference to provisions or provision of the Constitution of J&K Article 360 is not applicable to J&K. "
Key References for Appendix AG3:
http://www.kashmiri-pandit.org/elibrary/pressreleases/knn/03042002.html
http://www.kashmiri-pandit.org/elibrary/articles/whynotoptionfour.html
http://www.rediff.com/news/2002/jun/05arvind.htm
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