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Universal Foundation organizes seminar on Article 370
5/19/2014 12:32:44 AM
Early Times Report

JAMMU, May 18: Universal Foundation organized a seminar "Misusing Article 370 for Subverting the Constitution of India" here today in Jammu Club.
In a well attended seminar, Dr Jitendra Singh, the MP Elect from Udhampur Lok Sabha constituency said that the continuance of Article 370 had only served vested interests of some particular families in the State.
This was particularly true after 1975 when the process of constitutionally integrating the State with the Constitution of India came to a halt. Vested interests particularly the National Conference and its leaders created a psychological aura around this provision whereby any talk of dilution of this Article is associated by the people living in the Valley as being communal and anti-Kashmiri.
He claimed that the BJP had some successes in the Valley in their debates on this subject in convincing people of the pernicious effects of this provision.
Earlier, Dineshwar Jamwal, the President of the Universal Foundation while welcoming the speakers and the audience, hoped that Jammu and Udhampur had returned parliamentarians like Jugal Kishore and Dr Jitendra Singh, who would ensure that Jammu's views and interests being adequately represented.
Daya Sagar pointed out to the genesis of Article 370 which abridged the powers of the Parliament to make laws with respect to Jammu and Kashmir. However, a constitutional fraud was perpetrated when the President using this Article as a cover inserted Article 35 A in the Constitution of India which was illegal and could have been done only by an Act of Parliament. This Article gave the State Legislature great leeway with respect to certain laws that dealt with subjects like the definition of permanent resident, eligibility conditions for state employment etc.
Sunil Sethi, the former president of the Bar Association of Jammu pointed out that Article 370 was a temporary provision which was originally meant to have been meant to have been removed by the constituent assembly of the state itself but this natural constitutional process that was followed in other princely states was interrupted by the tribal invasion.
Prof Dipankar Sengupta, HoD Department of Economics, University of Jammu pointed out to another mystery of Article 370. He pointed out that Article 368 which lays out the procedure for amending the constitution has itself been amended by an order of the President.
MLA from Bishnah, Ashwini Sharma asserted that the time had come for the abrogation of Article 370.
He claimed that this provision gave rise to a feeling, particularly in the Valley that somehow the state was somehow not a part of India. It thus encouraged the CM to make claims on the floor of Assembly that the State had acceded to India but that accession was only partial.
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