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The Kashmir Conflict

Discussion in 'Internal Affairs' started by desiman, Jun 23, 2010.

?

Which solution woud you like ?

Poll closed Apr 24, 2017.
  1. Solution 1

    45.4%
  2. Solution 2

    4.1%
  3. Solution 3

    43.3%
  4. Solution 4

    0 vote(s)
    0.0%
  5. Solution 5

    1.0%
  6. Solution 6

    5.2%
  7. Solution 7

    1.0%
  1. Wolfpack

    Wolfpack Lieutenant FULL MEMBER

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    They give protection to them,because GOI is still continuing the age old custom of giving carrots to separatists to keep them happy,they are worried about the image and PR problem of Indian news channels like NDTV.Strangle the NGO's and squeeze these News channels like NDTV,CNN,India Today slowly,so they become bankrupt and kowtow to GOI diktats. Then give these azadi gang the stick and eliminate them,Set examples of decimation and collective punishment.See how fast this Azadi cry dies down,use the tactics of KPS Gill.
     
    Levina likes this.
  2. Hellfire

    Hellfire Devil's Advocate Staff Member MODERATOR

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    But, it never did, till a second back. Did it?

    And you have gone precisely where I have given an example of similar special status to Nagas.
     
    Baba Saheb Ambedkar likes this.
  3. Joe Shearer

    Joe Shearer VETERAN MILITARY STRATEGIST

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    I'm not angry at all. Just amused at your attempts at strutting about making a big show. Typical trait of a half-baked, half-educated poseur.

    No. A specific process was laid down, and it was not followed, by the failure of the constituent assembly of the J&K Assembly. If you read Article 370 and rules for its abrogation carefully, the recommendation for abrogation was to be made by the Indian constituent assembly to the President of India, based on the work completed report of the J&K constituent assembly.

    This is not what you have assumed.

    The sovereign authority of all other than defence, communications and foreign affairs lies with the J&K State Assembly. It is difficult to visualise the state assembly being empowered to be the constituent assembly, given the fact that its popular representation is at the moment incredibly low.

    You think. Keep thinking. Let me know what the Supreme Court says to you.

    The burning smell is the seat of your pants. Try harder. Briefless barristers cannot settle constitutional matters with your glib, slick sleights of hand.

    If you think that after all these years, some infantile attempts at showing off are going to cause 'burning', you really must have a very high opinion of yourself.

    Good for you.
     
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  4. Hellfire

    Hellfire Devil's Advocate Staff Member MODERATOR

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    That is what he is alluding to, too. Isn't it?
     
  5. Joe Shearer

    Joe Shearer VETERAN MILITARY STRATEGIST

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    Presumably you also know who Swamy is, and for whom he is an expert on law and the constitution. Economics is not a good training ground for the practice of law.
     
  6. Naagraj

    Naagraj 2nd Lieutant FULL MEMBER

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    And for the clarification read the constitution and in which part of the constitution the article has been placed.

    Nothing much to elaborate, art 370 give rise to secessionist tendencies and promote separatism. If Kashmir would have been assimilated just like other states, we would not have been in this mess.
     
  7. Hellfire

    Hellfire Devil's Advocate Staff Member MODERATOR

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    As per tenancy act ... they just may! :D
     
  8. Joe Shearer

    Joe Shearer VETERAN MILITARY STRATEGIST

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    They are allowed, under their retention of sovereign powers, and the restriction from application of all aspects of Indian constitutional jurisprudence to J&K, to define a permanent citizen. They have done so excluding those permanent citizens being women who marry other than another permanent citizen. There is nothing unconstitutional or illegal about this.

    I feel sorry for your personal anguish, but the law is not moved by cases of individual unfairness.
     
  9. Hellfire

    Hellfire Devil's Advocate Staff Member MODERATOR

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    But has not happened till date. Reason is very apparent. The failure as a State to uphold it's own obligation.
     
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  10. vstol jockey

    vstol jockey Colonel MILITARY STRATEGIST

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    Dear Sir, what I meant was that both are extremes. Truth lies somewhere in between. Neither Noorani nor Swamy can be called an expert nor any of us. Irrespective who decides it and how, Finally it is the SC which will have to deal with flood of petitions and final order will come from SC only.
     
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  11. vstol jockey

    vstol jockey Colonel MILITARY STRATEGIST

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    Dear Sir but same is not applicable to women who marry J&K citizen so the women of J&K state are treated unequally w.r.t other women of India. This is the main problem. A man can have a spouse from outside the state and that spouse is granted citizenship of State but a woman is not given this equal status and it is for this very reason that even J&K HC had stayed this provision but the state Govt has refused to transfer any land in the name of women who have married outside the state. There is a stalemate. The state govt is refusing to even enforce the law.
     
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  12. Joe Shearer

    Joe Shearer VETERAN MILITARY STRATEGIST

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    That depends on the precise delineation of 'temporary'. There is no viable contract that uses the term 'temporary' as a determinant; it has to be delimited, as otherwise there is no practical outer limit, making it permanent, which is an absurdity.

    Quite right. Your father's tenant's successors will simply ask their tormentor to go climb his left leg.

    That is a piece of nonsense. The process for terminating Article 370 is precisely defined; it was never left hanging in the air. That process was never followed. How can such a proviso 'die'?

    [quoteThe Instrument of accession as signed by maharaja was same as what other Princely states had signed. Other provisions were added later and that only as long CS was in force.[/quote]

    No. That is wrong. It was distinct from the others. No other state acceded conditionally (other than Manipur, I think). Other provisions were never fiddled with.

    I don't see how that follows.
     
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  13. Hellfire

    Hellfire Devil's Advocate Staff Member MODERATOR

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    Read again. Stop dissecting arguments. You think generations of Indians are stupid if that were the case?





    Now that is a seriously dumb post ... are you suggesting India re-negotiating withe everyone? I would claim half of Delhi my dear.


    No. Unity and Integrity of the nation is NOT at stake. That is the responsibility of the Government of the day and the armed forces of the Union to ensure.

    What is at stake is the complete structure as existing in Union of India.

    Please go through Indian Independence Act of 1947 before shooting off half baked ideas.
     
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  14. Joe Shearer

    Joe Shearer VETERAN MILITARY STRATEGIST

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    But we form our opinions in daily life without the benefit of a Supreme Court judgement, sometimes. Having had a lot to do with teachers of law, I have done a little investigation of these. Allow me to assure you that Swamy is a charlatan, as you might have gathered from that amusing interview with Jethmalani, where Jethmalani shredded him to bits, and that citing him impugns the entire standpoint.

    Until the Supreme Court decides, do allow me the liberty of sharing the results of my study with the forum.
     
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  15. vstol jockey

    vstol jockey Colonel MILITARY STRATEGIST

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    NO, this provision is not binding if not extended to successors and heirs. The proviso dies with the death of either of the party and either of the party can finish it within their life time.
     
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