x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Baramulla, once the hotbed of militancy, declared 'terrorist-free' | Jammu-Srinagar NH remains shut for third day intermittent snowfall hampers snow clearance operations | Man kills friend, chops body in over 200 pieces, flushes it down the toilet | Pak Army lobs mortars at forward posts in Rajouri | Light snow, rain in Kashmir Valley | CBI registers FIR in ICICI Bank-Videocon loan case, carries out searches in several locations | Girl student commits suicide after teacher finds love letter of a stalker | Boost for Indian security as INS Kohasa in North Andaman gets commissioned today | Take away voting rights of people with more than 2 kids, says Yoga Guru Ramdev | Metro train services to remain curtailed on January 26 at some stations | Terrorist-turned-soldier Lance Naik Nazir Ahmed Wani to be conferred Ashoka Chakra posthumously | Former Minister, family become beneficiaries of Ayushman Bharat Scheme | Zulfikar all set to 'ditch' Mehbooba's PDP | LED lights installed before opening of tender | PHE babus hire domestic vehicles in violation of norms | Dogs rule the roost in GMC&H Jammu | Many id's deleted, thousands ignored in NFSA | NC leaders give ultimatum to Abdullahs on 'new invitation' | Revenue officer's son gets selected as Physical Teacher on fake certificate | Advisor Ganai releases Rs 46 lakh welfare assistance for construction workers | Indian, Pakistani troops trade heavy fire on LoC | Govt committed to welfare of farmers: Advisor Kumar | ACB sleuths raid RTO office Jammu, seize records; top officials under scanner | Man found hanging | DC calls for bringing attitudinal change towards girl child | Governor presents cheque of Rs 2 crore to Real Kashmir Football Club | Social science Quiz competition held | GDC AKhnoor to organize week long awareness programme | The Big New Wagon R unveiled | Natraj Natya Kunj's Dogri play "Urubhangam" invited to Kumbh Mela 2019 | Bhanu contributes in making Indian Navy Documentary | J&K Grameen Bank organizes financial Literacy program | JKFFA remembersNeta Ji Subash Chander Bose | 9th National Voters Day: CEO takes stock of arrangements | Sahitya Akademi organizes Symposium, Kavi Sandhi | Samagra Shiksha to establish 4 Science Parks, 22 Science Centres | AISF's delegation AGM Canara Bank | Red Cross imparts first aid training to paramedical students | Excise Department organises Nukkad natak | No smartness in handling Smart city projects in twin capitals | High profile absenteeism on rise in Poonch | Low rung cop playing spoil sport, striking deals with drug peddlers | PDD employees vulnerable to electric shocks, Govt unmoved | 2019 Polls in JK: ECI to take final call on Jan 28 | S&O JEs of PDD denied benefits under SRO 14 and 18 | On SIC's intervention, ADC gives info on brick kilns in Budgam | Students stages protest against JU | 3 terrorists killed in encounter with security forces | Governance being outsourced in J&K: Harsh | Fresh avalanche warning issued for nine districts | SAC to meet on Jan 25 | HC asks Govt to consider BSF man's plea for transfer to attend ailing sons | Jammu-Srinagar NH likely to be opened soon; snow-clearance operation underway | Chopper, passenger ropeway service for Vaishno Devi pilgrims restored after day long suspension | Day after Shopian encounter, security forces bust terror 'hideout' in orchard | Administration failed to clear snow from Kupwara villages | Male fetus found near Emergency block of GMC&H | Ahead of R-Day, US made pistol recovered from Jammu Tawi Railway station | NHM employees continue protest on day 10 | ST status for Pahari speaking people demanded | TDF demands district status for Thathri | AAP criticizes Mehbooba Mufti's statement against Jammu | Kidnapped minor girl rescued | Industry delegation meets Advisor, discusses issues of Industrial units | Two held for preparing liquor | Mitigate woes of valley people during ongoing winter season: MNP | NHW closed for third day, DC inspects restoration works | Students hold protest, demand roll back of CBCS | Govt has adopted double yardstick for private schools: MPEJ | No further nomination of in-service candidates to BVSC course | Kali residents protest against PDD | Ah, Mehboobian 'Sons of the soil'! | Assembly elections: Near or far* | Impact of Climate Change in J&K | PDP has a new gameplan for regaining power | 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