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Article 35A: Biggest constitutional fraud in the history of India

Discussion in 'National Politics' started by Levina, Oct 30, 2017.

  1. vstol jockey

    vstol jockey Colonel MILITARY STRATEGIST

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    Being an ex-naval officer, I have limited knowledge of army tactics but one thing which is common to all kinds of warfare is to hit the enemy where it hurts the most. I h ave always been a very vocal supporter of battle in Punjab. That will commit largest number of Pak army units in a small area creating an easy killing field while the main thrust of IA comes in from either Sindh or from Akhnoor which is considered our week point.
     
    Sahil ecclstone likes this.
  2. lca-fan

    lca-fan Major SENIOR MEMBER

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    If pakistani Punjab is hit entire Pak army will be there to save it making POK vulnerable to take over by Indian army. And since Punjab is a plain Indian army with superior equipment will make a minced meat out of pakistani army.

    This will also limit Pak threat of using tactical nuclear weapons as they won't want to convert their land into nuclear waste land.
     
    vstol jockey likes this.
  3. InfoWarrior

    InfoWarrior Lieutenant FULL MEMBER

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    Terrorism can only be countered with terrorism. To settle Hindus in Kashmir you need Israel style action and policies. Offensive defence of Ajit Doval is the only way.

    Don't settle Hindus right in the middle of Kashmir valley, Start with Doda district which borders with Himachal and has sizable population. Then settle in sparsely populated areas outside Kashmir valley near Ladakh and Jammu, near Army cantonments.
     
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  4. Lion of Rajputana

    Lion of Rajputana Captain FULL MEMBER

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    What I'm talking about is ultimate terrorism. I'm talking about flooding J&K, especially the valley, with nothing but aggressive, and if necessary, violent, Hindus (preferably given free weapons and weapons training by the Government for personal protection). Turning Muslims of the state and valley into a very small minority, and then administering the 2002 treatment as and when necessary.
     
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  5. Bloom 17

    Bloom 17 2nd Lieutant IDF NewBie

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    It doesn’t have to be whole of Kashmir, areas surrounding the valley is fine for a start.

    During UPA 1 there was a proposal to settle retired armed forces personnel in the valley. But it didn’t move forward. @Hellfire can tell more about it.
     
  6. HAMMER HEAD

    HAMMER HEAD REGISTERED

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    Sir, The defences held by us in 65 were in a very dilapidated state back then but now the situation is different. the pakistani Strategic Strike Force having their showpiece 1 Armoured Div will Be tested for its Naam Namak AND NISHAAN.

    If their is a conflict we have to simply take Hajipir passs back like we did in 1965, And that will spell doomsday for POK walas. This will connect Uri and Poonch open another axis for reaching JAMMU in just about 7 hrs
     
  7. vstol jockey

    vstol jockey Colonel MILITARY STRATEGIST

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    That Poonch-Uri bulge needs to be straightened out by retaking Hajipir is an absolute must. Since it is LOC, IA must use creeping forward tactics to get this piece of land back. Hajipir in our hands means Mirpur and Mujaffrabad in our hands and after that their is very little left to fight for as Gilgit and baltistan will get off once Islamabad is in our firing range.
     
  8. ghostwhowalks

    ghostwhowalks FULL MEMBER

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    one update. Apparently there is some method to the Govt's madness. Spoke to a couple of "insiders" and it seems that the GOI knows what its doing here. The ask for time is part of a well planned strategy. this interim time will be used to implement a multipronged strategy to prepare the ground for ultimate scrapping of A35A. The appointment of ex IB chief as interlocutor is part of the plan. I didn't get too many details, and what little I got, I cant divulge here, but it seems that there is some method to this madness. Lets hope and pray Modi is successful in what he's set out to do here. he's taking a huge risk politically.
     
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  9. HAMMER HEAD

    HAMMER HEAD REGISTERED

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    Their was a reason behind the creation Gilgit Baltistan , Tensions are on a all time high their and thats because the Agencies are doing their Bit, Kashmir issue is like playing chess, we will have to make sacrifices but the end result will be victory only.
     
  10. Bloom 17

    Bloom 17 2nd Lieutant IDF NewBie

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    Hi @Levina , what is the good news you were talking about over the other place?
     
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  11. Hellfire

    Hellfire Devil's Advocate THINKER

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    Did you expect anything different in the present government?

    And what "...some improvement on internal security and on borders."? Repackaging? It is same still .... only LC has got activated, which was not the case earlier. So in my silly but practical opinion, may have slightly gone down.
     
  12. Hellfire

    Hellfire Devil's Advocate THINKER

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    Let us examine Article 123 of the Constitution of India. It states:

    "(1) If at any time, except when both the Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

    (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both the Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. Explanation—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

    (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.


    Now, an interesting tid-bit is that the Government of India subsequently enacted the Constitution (Thirty-eighth Amendment) Act, 1975 to expressly provide (through inserting clause IV in article 123) that the satisfaction of the President (or of the Governor) shall not be questionable in any court on any ground. By the Constitution (Forty-fourth Amendment) Act, 1978, the same clause was omitted.

    Having said the above, the interesting bit to note is that while the satisfaction of the President or of the Governor as to the existence of circumstances necessitating issuing of an Ordinance can not be examined by the Court, it is competent for the Court to inquire whether in exercise of his Constitutional power, the President or the Governor had exceeded the limits imposed by the Constitution upon the exercise of that power or not.

    The necessary Presidential Order for incorporation of the Clause into Article 35 of Indian Constitution is as under:

    http://www.pib.nic.in/archive/docs/DVD_15/ACC NO 277-BR/EXT-1954-05-14_3766.pdf

    The relevant statement is:


    35A. Saving of laws with respect to permanent residents and their rights:-

    Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,

    (a) defining the clauses of persons who are or shall be permanent residents of the State of Jammu and Kashmir; or
    (b) conferring on such permanent residents any special. rights and privileges or imposing upon other persons any restrictions as respects:-
    (i) employment under the State Government
    (ii) acquisition of immovable property in the State;
    (iii) settlement in the State; or
    (iv) right to scholarships and such other forms of aid as the State Government may provide.

    shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part."

    Of course, this brings us back to the whole debate of why Article 370 is existing, and why indeed, is Article 371 in totality even present?
     
  13. Hellfire

    Hellfire Devil's Advocate THINKER

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    Incorrect.

    You have failed to read the Constitution Order 48 of 1954 with Article 370 of the Constitution of India. What you are talking of is applicable in territories other than those provided exceptions vide Article 370 and 371 (if any).
     
  14. Hellfire

    Hellfire Devil's Advocate THINKER

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    This was Constitutional Order 48 of 1954 superseding Constitutional Order for Jammu & Kashmir of 1950. Am not able to look up the exact text of the Order in 1950. But this is in the grey area of having to be read with Article 370, which, before you react, has to be read with Article 371 and the Naga issue :)
     
  15. Hellfire

    Hellfire Devil's Advocate THINKER

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    What of Article 371? Why not Article 371?

    And SC has no power over Article 370 and 371. It is the Executive which has to act on that.
     

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