The Untold story of Abrogation of Article 370

by Harish Gupta, National Editor, Lokmat Group

A Lokmat Exclusive story

The Untold story of Abrogation of Article 370

How A Constitutional Blunder was averted on J&K !

An Alert JS saved Amit Shah of huge embarrassment

Harish Gupta

New Delhi, Jan 30

It has now surfaced that a Constitutional blunder was averted on August 5 when Union Home Minister Amit Shah was in the midst of getting the abrogate of Article 370 passed in the Rajya Sabha.

In fact, Amit Shah was jubilant as the government has almost succeeded in getting the bill passed in the Upper House despite not having even a simple majority. Ministers after ministers were rushing to Amit Shah's Parliament House's chamber to congratulate him when he came to have a cup of tea.

It was around 5 in the evening when a Joint Secretary who was quietly standing in toe whispered that the J&K Re-organisation and abrogation of Article 370 would be illegal unless the prior approval of the Lok Sabha is taken.

There was a stunning silence in the room packed with ministers and couple of officers. One of  Amit Shah's favourite ministers snubbed the JS for his atrocious suggestion. He said the twin bills were cleared by experts and procedures adopted in abrogating Article 370 and there was no need for a new element.

But Amit Shah has an uncanny knack and allowed the JS to have his say. It was pointed out that since Article 370 can be abrogated only by the J&K Constituent Assembly or the J&K Assembly in the absence of the former, the Rajya Sabha cannot abrogate it. He pointed out a Resolution has to be placed in the Lok Sabha first authorising the House to be vested with the powers of J&K Assembly. Once this was done, the twin bills can be passed. 

The Joint Secretary was found to be correct in his submissions. But this created a new problem and a lot of formalities were to be done. . It was also discovered that the Lok Sabha was discussing the Surrogacy bill. Amit Shah walked up to the Speaker and impressed upon him the need to immediately seek the permission to table the resolution vesting the powers of the J&K Assembly in Parliament breaking the dicssion on the Surrogacy Bill. There were hardly any Opposition members on the benches except for the DMK's T R Baalu who opposed it. But the ruling party had it way and the Resolution was allowed.

A triumphant Amit Shah walked back to the Rajya Sabha armed with the Lokn Sabha authorisation and tabled it the RS in the melee. Rest is history.

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Rahul Reluctant campaigner in Assembly polls

by Harish Gupta, National Editor, Lokmat Group

Rahul Reluctant campaigner in Assembly polls

Congress banking on Sonia, Priyanka

Harish Gupta

New Delhi, Sep 26

There is intense speculation in the Congress whether former Congress president Rahul Gandhi will campaign in Maharashtra and Haryana in the ensuing Assembly polls.

The speculation gained momentum as Rahul Gandhi has become incommunicado and stays away from party activities. Except for visiting his parliamentary constituency Wayanad in Kerala, he is not taking interest in party affairs.

he has shunned meeting even the senior leaders and did not attend the CWC meeting and other meetings. So much so that when senior leaders like Ghulam Nabi Azad wanted to inquire through his office if he would be campaigning for the Haryana Assembly polls, he did not get any response. Though he has not said a "No" to the campaigning but he has not consented as yet.

If sourcese are to be believed, Rahul Gandhi is expected to participate in the foot march (Padyatra) from Gandhi Ashram in Wardha. But its a non-political program and not part of the poll campaign.

However, there are indications that Congress president Sonia Gandhi, despite not so good health, will address a couple of rallies in the two states. Priyanka Gandhi, incharge of UP, may visit Haryana as she is under extreme pressure from the state leaders including Sejia, B S Hooda and others.

The Congress' leadership problem is that it doesn't have star campaigners except the Gandhis and sword of uncertainty is hanging. Even Navjot Singh Sidhu has gone in hibernation.

The party is in the process of compiling a comprehensive list of its campaigners in the Assembly polls.

However, Rahul Gandhi is active on twitter stridently opposing the abrogation of Article 370 despite the party officially had been coy. In fact, the party has allowed different voices to be expressed by its leaders sensing the mood of the people.

Rahul Gandhi has been poking fun at PM Modi for HOWDY, Modi at Houston and on other issues.

This is the only visible line of communication he has kept open with the party.

Otherwise, he is confined to reading books, watching TV on the big screen at his Tughlaq Road residence, visiting Khan market with a couple of close friends, rigorous workout at the gym at home and talking to non-political friends.

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Modi to fast Track One Nation One Poll

by Harish Gupta, National Editor, Lokmat Group

Modi to fast Track One Nation One Poll

Harish Gupta

New Delhi, Aug 15

Prime Minister Narendra Modi is likely to set up a committee to fast-track his ambitious plan for “One Nation One Poll” plan.

Official sources say that the plan is afoot in this regard after the PM Modi had met leaders of various political parties in June this year, immediately after coming to power. He emphasised upon the political leadership of all parties to explore possibilities of holding Lok Sabha and Assembly elections together.

It now transpires that he had already chalked out a road map for the same and set up a committee to give a “workable” reform package based on the inputs received from various quarters.

After having implemented One Nation, One Tax, One Nation, One Ration Card, Defacation free India, Abragating Artcile 370 & Article 35A, Modi now wants to implement One Nation One Poll agenda within the next 100 days.

Modi's address to the nation in his Independence Day speech today from the Ramparts of the Red Fort left no one in doubt that he would aggressively push for simultaneous assembly and general elections.

The Law Commission had recommended holding simultaneous elections to the Lok Sabha and state Assemblies to cut expenditure and save public money in August last year. When Law Ministry said this cannot be done without amending the Constitution and two/third majority would be needed in both houses of Parliament, Modi got busy in mustering this support.

With the government succeeding in getting 2/3^rd support in Rajya Sabha and 3/4^th in Lok Sabha on the scrapping of Article 370 & Artcile 35A, the government would work hard to get the same support on its ambitious One Nation One poll theme.

The PM is in no mood to accept the recommendation of its Think-tank, NITI Aayog which had suggested synchronised two-phase Lok Sabha and Assembly polls from 2024 to ensure minimum campaign-mode disruption to governance.

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Satya Pal Malik May continue as LG in J&K ?

by Harish Gupta, National Editor, Lokmat Group

Exclusive story

Satya Pal Malik May continue as LG in J&K ?

Home Ministry in a Fix

Harish Gupta 

New Delhi, Aug 7

With the President signing the bill bifurcating the State of Jammu & Kashmir and converting it into a Union Territory, the position of Governor Satya Pal Malik has become somewhat owkward. Under the new dispensation, the post of the Governor has been down-graded to that of the Lieutenant Governor as J&K has become a Union Territory and Ladakh has been made a completely new UT. Now Satya Pal Malik was appointed as Governor of the joint state of J&K  including Ladakh. 

The question bothering the legal luminaries is; can a Governor be down-graded as LG without his express consent. The President, Ram Nath Kovind has already signed the proclamation after the Parliament's both houses passed four bills dealing with J&K. But a fresh notification appointing new Lieutenant Governors for the Uts of J&K and Ladakh are yet to be issued. These appointments have not been notified so far as the Union Home Minister Amit Shah is still awaiting Satya Pal Malik's consent to continue as LG instead of as Governor. Secondly, the government wants a separate LG for Ladakh region to give the feeling of the people of Ladakh that its a separate state now. It doesn't want to continue Satya Pal Malik as LG of both the states. While the present arrangement can continue for sometime but the government is keen to appoint two separate LG s. 

Secondly, once the state of J&K converted into two UT s, rules of services and a lot of paper work need to be completed in accordance with law passed by Parliament. There are five Union Territories in the country as on date and with the creation of two more UT s, the number has shot up to seven. Now the state officers cadre of the J&K has to be merged with the UT cadre officers which is a cumbersome task. This is a unique situation where a full state has been bifurcated and converted into two Union Territories never witnessed in 70 years. Secondly, LG s have been promoted as Governors. But never a Governor will be demoted as LG. Therefore, it is yet to be seen whether Malik will agree to continue as LG. There is also a proposal that Malik may keep the designation of Governor “until further orders pending the framing of rules by the Union Home Ministry.” 

But certainly the creation of two new Union Territories has created some serious administrative complications. 

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Big Win for Amit Shah in Lok Sabha

by Harish Gupta, National Editor, Lokmat Group

Big Win for Amit Shah in Lok Sabha

BSP, BJP, YSR Congress, TRS, TDP supported

NCP, TMC, JD (U) walked out

J&K, Ladakh now Uts after Parliament's nod

Harish Gupta

New Delhi, Aug. 6

The BJP achieved another feather in its cap in Lok Sabha when it obtained the support of 85% of MPs on the historic bills relating to Jammu & Kashmir.

As many as 370 MPs out of 440 MPs present in the House voted for the bills surpassing the strength of the NDA despite the fact that 16-member strong JD (U) walked out of the House.

The strength of the Lok Sabha is 542. But only 440 were present today for the voting with 102 absent.

But parties after parties lent their support to the J&K Bills including YSR Congress (22) after its leader Chief Minister Jagan Mohan Reddy met the PM at 5 pm. The Bahujan Samaj Party (10), Biju Janata Dal (12), TDP (3), TRS (9), JD-S (1), AAP (1) and Independents (4) overwhelmingly supported the Bill. Navneet Rana, Maharashtra's Independent MP made forceful speech supporting the bill despite being elected with the support of the NCP. Its a different matter that NCP walked out after Supriya Sule made a speech which supported the bill and opposed it too. The party found it difficult to support the bill after walking out in the Rajya Sabha.

If the BJP obtained two-third majority in Rajya Sabha despite having only 78 MPs only, it mustered the support of 401 MPs out of 542 MPs in the Lok Sabha. This was a feather in the cap of the BJP leadership which virtually forced the hands of the non-NDA parties to lent support.

Barring the Congress, DMK, SP and the Left and a couple of Muslim parties, none was against the dilution of Article 370, abolishion of Article 35A and bifurcation of the State of Jammu & Kashmir and Ladakh and making them union territories.

The TMC (22) also decided to stay away from voting.

Interestingly, senior Congress leader Jyotiraditya Scindia tweeted in support of the Bills causing huge anxiety amongst the party leaders about his future course of action.

Prime Minister Modi had set the 100-Day deadline before every Cabinet Minister to implement the BJP's manifesto. The J&K Bill is perhaps the last of major tasks except for the construction of the Ram Temple which is before the Supreme Court where day-to-day hearing has begun.

Ends