x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   J&K to have Retd General as Governor soon, Malik to be recalled | If US can hunt, kill Osama, why can't India eliminate Masood Azhar | 'Internal enemies' dangerous than Pakistan | Whose vehicle suicide attacker used? | Three militants, four soldiers, policeman, civilian killed in Pinglina-Pulwama encounter | No politician visits injured jawans in Srinagar's Army hospital | Major admin reshuffle on cards before MCC comes into force | Examinations postponed, internet services remain suspended | Jammu and Kashmir Bank postpones recruitment examination | Irony! Raj Bhavan gags Jammu, allows Kashmiri Government employee to spew venom | SIC allows inspection of works executed by RDD in Mendhar block | MGNREGA fails to serve purpose in Sogam block | NYK organizes sports tournament | Sajad Lone gives vent to feelings on stone pelting in Jammu, remains mum on same in Srinagar | I will open fire on stone pelters if am commander: GD Bakshi | Stone-pelting mobs of Kashmir shield terrorists during security forces' operation again | Dalhousie Hilltop School announces 100% scholarship for children of the Pulwama victims | Power supply partially restored in Kishtwar after 11 days | Revenue officials, beneficiaries booked for grabbing state land at Pahalgam | WSS Dhara-Fatehpur defunct | ACB caught public servant demanding, accepting bribe of Rs 10,000 | 60 Jaish militants operating in Kashmir | Recruitment process of Rehbar-e-Khel be completed within two months: DB | Lethpora incident need not divide people on basis of religion and sect | Pulwama: Pakistan's reaction and India's options | Surgical Strike on Enemies Within | COUNTRY's INTEGRITY AND SOVEREIGNTY - SARVA PRIYA | Alert CRPF guard ensured timely response to fire in GMCH | Bar Association stages protest against Pakistan | JCCI seeks action against anti-national elements | CAIT holds Shradhanjali Samaroh | Anti-national slogans will not be tolerated on Dogra land: Team Jammu | JKHCBA stages protest for 4th consecutive day | Stop interference in Jammu Province: Lal Singh to Kashmiri Leaders | PHEUF to suspend protest demonstration to be held on Feb 20 | DB directs Govt to examine commercial viability of Dal weed | Army pays tribute to valiant martyrs | Mahila Cong holds candle march for martyrs | JKNPP organises Tiranga rally | JKNPP Supremo seeks abolition of Article 370 | Parents of missing woman alleged conspiracy of in-laws, lodge complaint | Five senior officers among 70 employees suspended for unauthorized absence | B R Kundal condemns Pulwama suicide attack | J&K asks Liaison Officers to ensure students' safety | JKPSWA pays tributes CRPF's martyrs' | SRS seeks scrapping of IWT | JKNPP pays tributes to Pulwama martyrs | Met predicts snowfall, rain; minus 4.5 degrees celsius in Gulmarg | Back Issues  
 
news details
Constituent assembly is never a permanent institution
Debate on J&K's separate status
8/28/2018 11:25:38 PM
Early Times Report
Jammu, Aug 28: Jammu & Kashmir is passing through a critical phase. The regional and communal divide in the state is almost complete with the votaries of separate status and integrationists taking on each other and seeking to defeat each other. What has made the situation in the state volatile is the insistence of the Kashmiri leadership that New Delhi just can't abrogate the provisions that accord special status to the state as there is no constituent assembly in place in the state and that the constituent assembly alone has the power to alter or not to alter the political status of the state.
All the Kashmir-based parties, including National Conference, People's Democratic Party, the Congress, social organizations and academics in Kashmir, have been expressing the same view. The view is flawed. Constituent assembly is never a permanent institution. Constituent assembly is constituted to frame and adopt constitution and once the constitution so framed and adopted is enforced, constituent assembly ceases to exist. It happened in the state as well. The Jammu & Kashmir Constituent Assembly, which was essentially unrepresentative in character as 73 out of 75 members were elected unopposed because the nomination papers of all the candidates were rejected by the Sheikh Abdullah administration, adopted Jammu & Kashmir Constitution in November 1956. It was enforced on January 26, 1957.
The argument that New Delhi can't change the political status because the Jammu & Kashmir Constituent assembly has ceased to exist can't hold water because the Jammu & Kashmir Constitution, like the Indian Constitution, contains provision which empower the state government to amend the constitution anytime it wants to meet the exigencies of the time and needs of the people. The Indian Constitution has been amended 101 times, and there was no constituent assembly as it ceased to exist on January 26, 1950, when the Indian Constitution so framed and adopted was applied. Similarly, the Jammu & Kashmir Government amended the Jammu & Kashmir Constitution umpteen times and it amended the constitution despite the fact that there was no constituent assembly in existence. So much so, Sheikh Abdullah increased the life of the assembly from 5 to six years in 1976 by partially adopting the 42nd amendment to the Indian Constitution.
Even otherwise, the Kashmiri argument is flawed. For, the Supreme Court of India only last year ruled that "Jammu & Kashmir Constitution was subordinate to Indian Constitution, as Jammu & Kashmir is an integral part of India".
The point is that the vested interests in Kashmir are misleading the people of the Valley by misrepresenting the facts. It is the Indian Parliament, not the Jammu & Kashmir assembly, which is supreme.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU