scholarly journals Articles 370 and 371 of the Indian Constitution in the Context of Kashmir

sjesr ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 286-294
Author(s):  
Dr. Karim Haider Syed ◽  
Dr. Imran Khan
Keyword(s):  
National Security ◽  
Prime Minister ◽  
Fundamental Rights ◽  
Foreign Affairs ◽  
Indian Government ◽  
Indian Constitution ◽  
Jammu And Kashmir ◽  
The People ◽  
Racial Conflicts ◽  
Historical Fact

Occupied Jammu and Kashmir is not the only state in the Indian constitution with special status but in addition to Article 370, there is also an Article 371 in the Indian Constitution which has 10 sub-clauses that give special status to other 9 states and territories. The nature of relations of these states is explained in these clauses of article 371 which is very helpful to understand article 370 of the Indian constitution.  As far as Kashmir and Article 370 are concerned, the Indian government of Narendra Modi has axed the Indian position itself as all other states with constitutional guarantees are suspicious about their future in the Indian union. By repealing Article 370, Indian Prime Minister Narendra Modi has brought to an end the false or true annexation of Kashmir with India. Thus, if there was any annexation of Kashmir with India, Indian Prime Minister Narendra Modi had cut down that relation on 5 August 2019. Article 370 is not a myth, it is a historical fact as Article 370 specifies that apart from Foreign Affairs, Defense, Communications and subsidiary matters (matters that were specified in the Instrument of Accession to India), in all other matters and subjects Parliament of India needs the approval of assembly of the people of Kashmir. Thus, Kashmir residents lived under a distinct set of laws, together with those linked to fundamental rights, citizenship, and ownership of property as compared to other citizens of India. Occupied Jammu and Kashmir were the only states to be stripped of its status of special unite of Indian federation. As of August 5, 2019, India had 29 states in principle, but with the repeal of Article 370, there are now 28 states. Prime Minister Narendra Modi’s actions regarding Occupied Jammu and Kashmir have raised concerns in these 28 states especially the states with special status like Kashmir. These concerns and reservations will sow the seeds of insincerity in the Indian Union. Expressing concern over national security, the Indian Home Ministry spokesman said separatist activities were on the rise in 200 of the country's 600 districts. Not only separatist movements but racial conflicts and caste disputes have increased after the August 5 action in Kashmir. The main reason for this unrest in India is that the states with special status under article 370 and 371 have started to ponder the federation of India as a union that is established through a system of repression. In the intellectual circles, these development are not normal as intellectuals of India are not happy with the approach of Indian Prime Minister Narendra Modi as they are taking it dangerous for the federation of India that will be left with no confidence of the federating unite.

A Wider Stage

2021 ◽  
pp. 217-224
Author(s):  
Michael Llewellyn-Smith
Keyword(s):  
Political Culture ◽  
Political Party ◽  
Prime Minister ◽  
Foreign Affairs ◽  
The Political ◽  
Party Leaders ◽  
Political World ◽  
Reform Program ◽  
The People ◽  
Constitutional Changes

Venizelos's arrived in Athens in early September 1910. He addressed the people in a major speech in Constitution Square, making clear that he would work with the King, since 'crowned democracy' best fitted the political culture of the Greek people. He looked to the King to lead the reform program. He announced that he would create a new political party from like-minded people committed to new and liberal ideas. For the rest he condemned the failures of the old political world, over emigration, security, agriculture and industry, indeed across the board, and promised better. The speech quickly acquired mythical status, partly for the forthright way in which he squashed hecklers who cried out for fundamental changes in the constitution (i.e. affecting the prerogatives of the Crown). He defended limited constitutional changes. Foreign affairs hardly featured. This debut was rapidly followed by his appointment as prime minister, following the failure of the old party leaders to pick up the baton, and by his confirmation through new elections which gave him the desired majority in parliament. This was a brilliant start to his political career in Greece.

scholarly journals “Regeringens henstillinger har ikke lydt forgæves” Erik Scavenius’ møde med pressen 14. september 1942

2015 ◽  
Vol 54 ◽  
pp. 463
Author(s):  
John T. Lauridsen
Keyword(s):  
Government Policy ◽  
Large Scale ◽  
Prime Minister ◽  
Foreign Minister ◽  
Foreign Affairs ◽  
The People ◽  
Difficult Time ◽  
The Press ◽  
Background Material ◽  
The Government

John T. Lauridsen: The government’s recommendations were not voiced in vain. Erik Scavenius’ meeting with the press on 14 September 1942 Erik Scavenius did not hold many major press conferences in his time as Foreign Minister, nor as Prime Minister and Foreign Minister in the period 1940–43. An exception occurred on 14 September 1942, when a great number of issues coincided and led him to hold a large scale meeting in the Ministry of Foreign Affairs to explain simultaneously to prominent members of Danish press, politicians and civil servants what the government’s policy was, how the government and its policy was handled in the press and in particular, how the government’s policy should be presented. Both the government’s partners and the press were severely criticized and it was implied there was a government mole so that confidential information was being leaked. The press needed to understand its responsibility at this difficult time in Denmark. The people from the press were allowed to respond and on the whole were seemingly receptive to the instructions. What took place at the meeting was not reported in the newspapers the following day. Instead, background material was provided with the intent of counteracting tendencies in the press running counter to government policy.

scholarly journals An Analysis of Historical and Political Evolution of Kashmir State

2021 ◽  
Vol 2 (2) ◽  
pp. 149-162
Author(s):  
Aijaz Ahmed Shaikh ◽  
Safdar Ali
Keyword(s):  
Analytical Approach ◽  
Indian Government ◽  
Historical Legacy ◽  
Jammu And Kashmir ◽  
International Media ◽  
Innocent People ◽  
World Community ◽  
Administrative Control ◽  
The People ◽  
The World

The innocent people of Jammu and Kashmir (J&K) continuously struggled for the protection of their lives. In most of the areas which are under the administrative control of Indian Military, the survival of Kashmiris is becoming more challenging due to the imposed social, political and economic sanctions posed by the Indian government. The first part of this paper examines the historical legacy of Kashmir and the middle of the paper attempts to highlight how the people are demanding their rights as well as freedom from the Indian troops. Even thou, the international media has highlighted and unveiled the true picture of Indian brutality and the open murder of Kashmiri public. But, unfortunately the world community is still salient and watching the cruel actions taken by the Indian forces in the valley. Overall, this paper attempts to highlight the analytical approach about the history, status, equity and struggle of freedom of the Kashmiris.

PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR

2021 ◽  
Vol 6 (1) ◽  
pp. 139-156
Author(s):  
Yordan Gunawan ◽  
Desi Nur Cahya Kusuma Putri ◽  
Ravenska Marchdiva Sienda ◽  
Sigit Rosidi ◽  
Ami Cintia Melinda
Keyword(s):  
Self Determination ◽  
Legal Research ◽  
Indian Government ◽  
Martial Law ◽  
Jammu And Kashmir ◽  
Security Forces ◽  
The People ◽  
The Right ◽  
Right Of Self Determination

The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.

scholarly journals Indian-Pakistani Border: Historical Development and Contemporary Principles of Reconciling Contradictions

2021 ◽  
pp. 140-150
Author(s):  
V. Shved
Keyword(s):  
Prime Minister ◽  
Religious Groups ◽  
Indian Government ◽  
Jammu And Kashmir ◽  
The Past ◽  
Colonial Empire ◽  
The Status ◽  
Border Conflicts ◽  
British Colonial ◽  
The Government

The article is devoted to the study of the issue of the historical foundations of the existing border conflicts between India and Pakistan and the latest efforts of these two states and the international community in relation of resolving them. The roots of the existing Indian-Pakistani border conflicts go back to the time when India was a part of British colonial empire. To a decisive extent, such conflicts were a consequence of the British authority’s policy, which, in an effort to weaken the liberation movement in India, incited enmity between the largest ethno-religious groups of the population – Hindus and Muslims. This policy eventually led to the formation of two separate neighboring states – India and Pakistan, and these countries inherited numerous border conflicts. The largest among them is Kashmir, due to the gap of this territory between India and Pakistan. For several decades, the state of Jammu and Kashmir, according to Article 370 of the Indian Constitution, had a special status and broad autonomy.However, the Indian government, headed by N. Modi, eliminated this special status by removing this article from the country’s constitution in August 2019. Over the past year, under the influence of serious geopolitical changes in the Indo-Pacific region and South Asia, the government of N. Modi initiated a return to the consideration of the status of the former state of Jammu and Kashmir, and also seeks to develop an updated format for his stay in India. On June 25, 2021 the prime minister of India held an important meeting with a group of prominent politicians from Kashmir, which was the first public event by the Indian government after the liquidation of the Kashmir autonomy. During the meeting, a number of issues were discussed about the preparation for the future elections in the region. N. Modi described the meeting as “an important step towards increasing efforts in the development and progress of the territory of Jammu and Kashmir”.

Intrusive tech-enabled surveillance and ‘National Security’ secrecy: mounting concerns of mass snooping amid informational asymmetry

2020 ◽  
Author(s):  
Aryan Babele
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
National Security ◽  
Technological Innovations ◽  
Law Enforcement Agencies ◽  
Indian Government ◽  
Informational Asymmetry ◽  
The People ◽  
The Government ◽  
Mass Surveillance

Abstract The onset of technological innovations such as Big Data and Analytics is changing the ways in which law enforcement agencies police and investigate crimes in India. Pervasive technologies like smartphones, closed-circuit cameras, etc, coupled with such innovations have augmented abilities of law enforcement to identify, monitor and predict suspicious individuals and activities. However, the expansive adoption of intrusive technologies for law enforcement challenge the statutory and the constitutional limits on mass surveillance. Also, the government has not been forthcoming in disclosing details about the extent and the ambition of such surveillance technologies. The secrecy has resulted in an informational asymmetry between the people and the government which raises profound concerns of mistrust, transparency and public-accountability. This article examines the feasibility of the ‘national security’ argument that law enforcement agencies normatively use to justify such secrecy of their surveillance powers. They argue that such disclosures may negatively affect their investigational strategies and render them susceptible to circumvention, such that it may be a risk to ‘national security’. The article analyses such ‘national security’ secrecy claims that currently exist without any proper surveillance law and external oversight. The article seeks to recommend meaningful approaches to limit the over-broad ‘national security’ secrecy claims and initiate an informed public conversation on expansive tech-enabled surveillance practices of the Indian government.

Siege, Resistance, and Politics in 'New Kashmir'

2020 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Mohd Tahir Ganie
Keyword(s):  
South Asian ◽  
Armed Conflict ◽  
The Political ◽  
Kashmir Valley ◽  
Indian Government ◽  
Jammu And Kashmir ◽  
The People ◽  
Human Cost ◽  
Muslim Majority ◽  
A Site

In August 2019, the populist Modi government, after getting re-elected in a massive landslide, rescinded the semi-autonomous status (constitutionally guaranteed under Article 370) of the disputed Muslim-majority region of Jammu and Kashmir (J&K) by putting its 12 million residents under an unprecedented lockdown. This article will examine the ramifications of this decision, which earned praise in mainland India but generated anger and fear among the people of J&K, especially in the Kashmir Valley, the epicenter of the Kashmiri self-determination movement? It situates the prior measures Indian government took to impose its decision on the population which strongly opposed it and assesses the human cost of this imposition. It looks at the international community’s response to the political and human rights crisis obtained due to the siege imposed on the people of the contested Himalayan region. And, finally, the article indicates that the political future of Kashmir, which has been the main source of intense geopolitical rivalry between two nuclear-armed South Asian neighbors (India and Pakistan), and a site of protracted armed conflict and unarmed anti-India resistance, is likely to remain caught in a cycle o

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