There is no reference to sovereignty in the state
نوشته شده توسط : gearearingsbo

Most important, begin the process of abrogation of Article 370, it is not cast in stone, it is a temporary provision, start the process of mobility and integration.N. In this judgment, it was held that various key provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 ("Sarfaesi") were outside the legislative competence of Parliament, as they would collide with Section 140 of the Transfer of Property Act of Jammu and Kashmir. Sahay back in an active position; replace the current subsidiary intelligence bureau head with someone more in sync with the ground situation.Perhaps the time to exit the coalition is not right for as we have seen with the Srinagar bypoll, there is no room for democracy or pro-democratic institutions and forces in the Valley currently. In paragraph 40 of its judgment, the Supreme Court held: "The high court judgment begins from the wrong end and therefore reaches the wrong conclusion. Indeed, it is recognised by Section 6 of the J&K constitution also. Many believe that abrogating Article 370 may well be the answer, but equally it is a process where one has to tread on eggshells. There is no reference to sovereignty in the state constitution. Look at reviving Central public sector undertakings like HMT Chinar Watches or Rambagh Silk Co, which are in a complete state of disrepair, with even the factory sites decrepit and dilapidated.Aggrieved by this judgment, State Bank of India filed a civil appeal in the Supreme Court, which was accepted on December 16, vertical thrust bearings 5 of the Jammu and Kashmir constitution will only operate in areas in which Parliament has no power to make laws for the state.

Pertinently, the Supreme Court in I.Kashmir doesn’t deserve a perfunctory response from New Delhi any longer. We now hold only territorial sovereignty and have lost control over the hearts and minds of the local populace. In the judgment, the Supreme Court held that the approach of the state high court was not in consonance with the established law enshrined in the Indian Constitution as well as in the J&K state constitution.If Article 370 and its abrogation remains contentious, the J&K high court division bench ruling on July 16, 2015, in the case titled Santosh Gupta and another etc vs State Bank of India and others, should act as a catalyst.As India loses its grip。

Kurian Joseph and R. Further, if one analyses Section 147 of the Jammu and Kashmir constitution, it becomes crystal clear that even if the state Assembly has the will to go for such an extraordinary measure it can never do so as Section 147 clearly says that no amendment can be made to Section 147, Section 3 and 5 or to the provisions of the Constitution of India as applicable to the state of Jammu and Kashmir, therefore Article 370 is one such provision of the Constitution of India applicable to the state which cannot be amended.Start making decisive moves to provide employment in the Valley where the disaffection is the highest. It is also relevant that the Supreme Court has reminded the state high court that the residents of J&K are first and foremost citizens of India. Syed Ata Hasnain, who can start talking to the stakeholders including the separatists."In order to buttress its view, the Supreme Court referred to the preamble of the state constitution which in clear terms recites that we, the people of the state of J&K, having solemnly resolved, in pursuance of the accession of this state to India, which took place on October 26, 1947, to further define the existing relationship of the state with the Union of India as an integral part thereof. She knows that a storm is coming, and building a buffer to it both by the Centre and state is vital at this juncture.F. Coelho vs State of Tamil Nadu declared that the powers of a Constituent Assembly and Parliament, which is the creation of the Constituent Assembly, are not equal. Nariman. Kashmiris in the Valley have been yearning to retain their sub-national identity, but they simply can’t wage war against India and hold the rest of the state hostage. Vohra, perhaps Lt.Shift the Army and paramilitary commanders, shake the tree, sift through gene pools and find best people with knowledge of contemporary Kashmir operations.R.As recently as January this year, soft separatist leader and J&K chief minister Mehbooba Mufti labelled the people — including members of her alliance partner BJP — anti-nationals for trying to abrogate the special status enjoyed by the state under the Indian Constitution by using the judiciary and creating an atmosphere of insecurity." The 1954 resolution of the Constituent Assembly was followed by the incorporation of Section 3 in the constitution of Jammu and Kashmir。

 "The state of Jammu and Kashmir is and shall be an integral part of the Union of India. Section 3 and Section 147 of the J&K constitution bar the introduction of any bill in the state legislature having a bearing on the accession made by the maharaja of the state with Union of India.Kashmiris themselves believe that Section 147 puts all speculation to rest by closing further discussion on the abrogation of the Article 370 for it says — Article 147 of Part 12 is about amendment of the J&K constitution, which states that, "no bill shall be introduced or moved in state Legislative Assembly to amend or change abovementioned articles 3 and 5. The said Central Act has been held to be inapplicable to banks such as the State Bank of India, which are all Indian banks. Which clearly means that the power of the Constituent Assembly can never be exercised by the state Assembly as the same is not constitutionally competent.The Choice between terrorism and tourism is empty dialogue, for the people seem to have chosen their calling. It is the Indian Constitution which is the only sovereign, and the J&K state constitution is subordinate to it





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تاریخ انتشار : سه شنبه 22 بهمن 1398 | نظرات ()
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