Revoked article 370 for indian constitution by the government under the leadership narendra modi?
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Answer:
J&K constitution bars J&K assembly to make any amendments in J&K constitution(Article 147) which would alter J&K's political relationship with India which is driven through Article 370. Thus any such amendment initiated in J&K assembly to repeal Article 370 would be held “unconstitutional”.
Thus the only legal remedy to enact such amendment is by calling a new constituent assembly (which is actually eaiser- as President can confer “constituent” powers to J&K assembly by Presidential order). For practical reasons, it'll be difficult to pass such proposal even in J&K constituent assembly.
Due to these difficulties, I think, the only suitable alternative for India would be to unilaterally abrogate Article 370. When the IoA is breached, Indian Union can infact declare J&K a militarily acquired territory, giving Indian Parliament wide range of powers to incorporate that territory into Indian Union as a “full state” or a “UT”, and reorganize territory of J&K in any manner by simple majority in Indian Parliament through Article 5(A majority which Modi can cobble up in next couple of years in both houses).
This solution will weaken our position in international fora, becuase the sanctity of Indian claims on J&K comes through IoA signed by erstwhile ruler which will now be rendered inconsequential.
To counter this, India can hold referendum in Jammu and Ladakh to get people's mandate and fully integrate these provinces. In Kashmir Valley India can hold referendum in parts based on sentiments on the ground or simply skip a referendum on the grounds of “Pakistani terror funding”, “Demographic changes due to ethnic cleansing of Kashmiri Pundits” and “UN resolution” which calls for referendum only after Pakistan withdraws from PoK. Any opposition from Pakistan on international forums can be rubbished under pretext of Shimla Spirit, as reorganization of any Indian State is an internal matter for India.
Removal of Article 370 would now allow Indian state to integrate even Kashmir valley economically in India fully, leading to growth of state and intermixing of Indians with Kashmiris leading to however bleak but a very long term possibility of Kashmiri people accepting Indian state.
In my view, this is best time of executing this plan, since Pakistan is constrained in funding local extremists and cross border terrorists due to fear of FATF blacklisting in times of it's fragile economic condition coupled by agressive approach of Indian Military on the LoC with a headstrong government in Centre.
A non action would mean a lost opportunity for at least a few decades- as similar favourable conditions will not be formed easily in near future.
Explanation:
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