x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Rana seeks 70 pc class IV jobs for locals in J&K based Central departments | Chairman DLSA holds meeting regarding Plantation drive | Director I&C visits proposed Industrial sites in Udhampur | Plantation drive held at GHS Pouni | Police- X1 wins inaugural match | Urban Forestry Division conducts plantation drive at Paloura | GDC Udhampur felicitates NCC cadet | GCW Commerce inaugurated | Inter-school Meet of DYSS for Jammu from July 22 | Awareness programme organized | Health & Medical Education/Motor Vehicle Departments - ineffective | Revenge - A problem in the humanity | Police updates relief measures to police personnel | Students of 6th Semester stage protest demonstration | EJAC (R) appeals employees to participate in Kashmir Chalo | AOSTI highlights issues | BJP OBC Morcha holds meeting | ITIEUF organizes 5th state conference | Admission Fee to be received through Online Mode: Prof Dhar | DBPS demands delimitation of Assembly constituencies | DLSA celebrates international justice day | JKSAC discusses various issues of refugees | Garbage dumps, dilapidated lanes, drains irk Shastri Nagar residents | Organize grand ceremonies across valley: Div Com to DCs | Hearing in Rassana rape & murder case adjourned for July 18 | Pilgrims in record-breaking number perform Amarnath Yatra | JKNPP leader calls on Chief Engineer M&RE | DC Srinagar discusses issues hampering completion of sewerage project | DCCI Samba castigated poor implementation of CSS | Thousands suffer due to bad condition of Sakimadan-Kali road | Central govt should constitute three-tier panchayati raj system in state | Truck rams into ATM, 2 killed | Two arrested for raping 14-year-old in Kathua | ATM guard rescued | Poppy straw recovered, one arrested | ADDC reviews implementation of various schemes in Udhampur | 25kv Transformer gathers rust for 6 months | LeT militant killed in Sopore | Anganwadi workers, helpers hold protest; seek immediate roll back of SAC decision | Torrential rains create havoc in Kuntwara area, crops destroyed | JKNPP demands CBI probe to cover all gun licenses issued | Traffic rules violated with impunity: HC | Railway Station Udhampur road in bad shape, Authorities unmoved | BJP leader allegedly attacked | JNV Ghat Doda begins online registration for JNVST 2020 | Cows in Jammu get geo-tagged as civic body looks to tackle stray menace | SDM suspends 10 employee of PHE division in Bijbehara | 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