Day: October 2, 2020

Article

October 2, 2020
/ Leave a Comment on Abrogation of Article 370 – Notes

3 min
3 years
515 words

Tagged Article 370, constitution of india

Abrogation of Article 370 – Notes

1) Article 370 provides constitutional position to the State of Jammu and Kashmir. Due to its accession to the territory of India, it has been given such a special status from the very beginning. 2) […]

1) Article 370 provides constitutional position to the State of Jammu and Kashmir. Due to its accession to the territory of India, it has been given such a special status from the very beginning.

2) Under Article 370 ,the state was given the power to have its own constitution.

3) It was a temporary provision, when the ruler of J&K , Maharaja Hari Singh signed the instrument of accession where he only surrendered three subjects under the control of India i.e. External affairs, Defence and Communication.

4) The power of the Union of India was restricted, as regards to other states. The Union of India could not declare financial emergency or emergency in cases where the constitutional machinery fails in the State of J&K. The union could only declare emergency due to war or external aggression as it falls under the scope of defence.

5) The other constitutional powers of the Central Government which apply to other states do not apply in the State of Jammu and Kashmir, it could be extended only if the State Constituent Assembly separately passes such power.

6) Once the State Constituent Assembly finalized the scheme of powers and was dispersed, no further changes of powers was possible.

7) This Article could be abrogated or amended only when the State’s Constituent Assembly recommends so.

8) Home minister Amit Shah on 5th August, 2019 announced in Rajya Sabha about the order issued by the President of India removing all the restrictions on the State of J&K.

9) President issued notification rendering Article 370 inoperative and introduced Jammu and Kashmir Reorganization Bill,2019.

10) The government used the fact of J&K being under President’s Rule. Article 356 states that the president takes over administration of the state, and parliament performs the legislative functions of the state assembly.

11) Changes made after the abolition of Article 370 :

I. Separate constitution, flag or anthem of J&K abrogated.

II. Territory of Jammu and Kashmir converted to two separate union territories – Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

III. These territories came into existence on 31st October,2019 – day celebrated as National Unity Day.

IV. President’s Rule is not applicable as Union Territory is controlled by the Central Government.

V. Right to Information Act is now applicable replacing the Freedom of Information Act, 2002.

VI. People from anywhere in India can buy the property and settle in the territory which was earlier prohibited by Article 35(A) which has been declared null and void.

VII. The Centre can declare financial emergency in the State.

VIII. Citizens of the territory now have the fundamental rights that were already enshrined in our constitution.

IX. Removal of dual citizenship, all the people of J&K would now have single citizenship.

X. Reservation of Minorities i.e. Hindus and Sikhs.

12) The abrogation of Article 370 would end nepotism and corruption, and would work towards the welfare of the people.

13) Local youth would have enough employment opportunities as both state and private companies would set up in the territory.

14) The territories have the potential to become great tourist destinations.

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Hathras Rape Case Live Update : Uttar Pradesh

News

October 2, 2020
/ Leave a Comment on Hathras Rape Case Live Update : Uttar Pradesh

3 min
3 years
433 words

Tagged Allahabad High Court

Hathras Rape Case Live Update : Uttar Pradesh

On the fateful night of 14th September once again a girl was sexually assaulted in the city of Uttar Pradesh. The girl went to collect fodder in the field when a group of men attacked […]

On the fateful night of 14th September once again a girl was sexually assaulted in the city of Uttar Pradesh.

The girl went to collect fodder in the field when a group of men attacked her from behind. While resisting she was severely injured, as the accused tried to kill her.

At around 10:30AM on September 14, the victim’s brother reported the Hathras Police Station to lodge a complaint against one of the accused named Sandeep as said by the Hathras Police.

The girl was critically injured, thus was admitted to Aligarh Jawaharlal Nehru Medical College to undergo the treatment. On 22nd September, a Lady Officer was sent to record the statement of the victim.

Police informed that the teenager was gang – raped by four people. All the four accused were sent to jail, and the trial was supposed to happen by a Fast Track Court.

When the health of the victim deteriorated she was shifted to Safdarjung Hospital, Delhi where she took her last breaths on September 29. After the death of the victim, Section 302 (Punishment for Murder) was also invoked on the accused.

A petition has been filed before the Supreme Court seeking investigation to be conducted by the Central Bureau of Investigation ( CBI ) or Special Investigation Team ( SIT ) also to transfer the case to Delhi to ensure that the speedy trial takes place.

The petitioners have raised questions on the role played by the police officers regarding the matter. It is alleged that when the mortal remains of the victim were taken to her native place, the UP Police in the dark night cremated her body without the consent of the family or their presence. However, some reports also suggest that the cremation took place in the presence of the victim’s father.

The delhi commission for women (DCW) wrote to Chief justice of India SA Bobde and other judges of the Supreme Court, requesting them to take cognisance of the gruesome rae of the Dalit victim.

The Allahabad High Court took suo motu cognisance of the incident and even issued a notice to the Uttar Pradesh government.

“The incident which took place after the death of the victim as alleged, have shocked our conscience, therefore we are raking suo motu cognisance” ~ Lucknow Bench Allahabad High Court.

It was added further that the matter is of immense public importance and involves allegations on the State Authorities violating the basic human as well as the fundamental rights of not only the victim but also the family members of the victim.

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