Part "A" of the debate :....."the actual provisions of the Article"............."the meaning of Article 370", that will be discussed as we understand........correctly or wrongly.
The Constitution of India 1949 states in its Article 370 as follows :
Article 370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution,
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948 ;
(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification.
INDIA HONEST proposes that all the Indians have a legal right and national duty, to understand, discuss, debate and comment on the above provision of our Constitution.The theme of discussion will be a) what were the circumstances at that time, when was made, b) has it served its desired objective c) lastly do India need it any more in our national or should it be amended ?
Here IH emphasises that if any amendment in it can serve its utility for the nation or the people of Kashmir better, then it must be thoroughly debated, and if needed to be revoked, that will be also an amendment. Constitution can be legally amended by the parliament, as per the provisions provided in the law, only we have to decide if it is needed and then the laid rules are followed.
INDIA HONEST wishes all the FB readers take part in this serious discussion, in an honest and civilised way (specially unconcerned with our personal political bias, but only debate it from the angle of national interest) by offering their views and comments on each minute part of this Article and its provisions, in this forum/post divided in A,B,C...........E parts, that follows.