Shri Ayush Narayan
Today it is 31th October, 2019 and the three parts of Kashmir – Jammu, Laddakh and Valley – have become under the Indian law an integral part of India. This act has become the part of history now. But this accomplishment was not an easy thing. Today we can have a hindsight to judge how this work was done. Let us have a look at it.
Modi – Shah had carefully planned the historic August 5/6, 2019 removal of Art 370. The duo moved smartly step by step towards the extremely difficult goal. This goal was extremely difficult only because of a uniquely complicated constitutional provisions, democratic system of rule of law and powerful courts of law. For a country like China, in a like situation, it was not a difficult thing at all to bring an aspiring separatist piece of mainland raring to break away from its motherland. But in India things – particularly the political animals wedded to their selfish interests over and above the welfare of their country – are different.
They – the duo – had moved stealthly and probingly in a step by step manner from the day they joined hands with PDP almost 4 years back to form a coalition Govt in J&K. These steps then were not apparant about their intended purpose but today anyone can decipher them.
At that time this step of forming a coalition state government in J & K with Mahbooba’s PDP was severely criticised not only by the opposition and but also by many Modi Bhakts too! Political pundits were short sighted about these moves and oblivious of the determination of the two strongmen of India – Narendra Modi and Amit Shah – to turn India in reality into a country with one people and one constitution. It is a sheer good luck of India that such persons full of determination and committed to the wellbeing of their country have been able to come to the power. In fact, in a country like India that has been deep upto neck in corrution for decades and has seen an army of politicians who never think twice to commit treachary against the interest of their own country, the coming to power of these two strongmen itself is a miracle.
Today when this difficult task has been accomplished, it is hindsight that we can very well now understand the meaning of those calculative moves. Let us know how brilliant the Modi Govt strategy was!
Step1.
Form the Govt with PDP on the pretext of obeying the mandate of people of J&K to investigate and understand in minute details, and all the inner secrets of the governance of J&K Govt since 1954.
Once they had all the details, BJP withdrew the support from PDP’s Mehbooba Mufti Government.
This was the most Important decision so that the power of the state government to give consent to any bill could be transferred to the the Governor!
Step 2.
Presidential order to transfer the power of J&K assembly to Indian Parliament was passed in 2018 itself. It was done by using the power of President of India under Article 356 of the Constitution.
Step 3.
In order to further validate this power and to remove – and kill – any objection from opposition parties through the Supreme court, a new SC/ST amendment providing reservations was brought in and passed using this power. It was thought – and rightly expected – that HC or SC courts would not and could not say anything against it but agree! It did happen that way.
Step 4.
Now that the legal validation of the SC/ST bill was done, the power of Governor became unquestionable in any court. It became a lawful reality. Using the precedent of 1952, the power of Constituent Assembly was transferred to the State Assembly and – remember – the power of State Assembly had already been granted to the Governor of J&K since 2018!
So the trap was already laid for the underground Jihadi terrorists and their overground supporters wearing the face of separatist political parties way back in June 2018 itself when BJP quit coalition government and the J & K government collapsed paving the way for the J & K Governor to take over.
When Ajit Doval and his intelligence boys made the Governor aware of the serious efforts being made by opposition parties to form the coalition in J&K, Governor dissolved the assembly!
So the prompt desolution of the Assembly was part of an overall gameplan to thwart an attempt by the old dynasties to take back the J & K rule once again and repeat the old cyclic history since 1949.
Thus the govt formation with PDP was the starting point and it was held on until the right time. We can summarize the sequence of these steps thus:
1.Form govt in J&K to dissolve it at the appropriate time.
2.Withdraw support to empower the Governor.
- Bring in dissolution of Assembly and bring in President rule in J&K.
4.Use Art 356 to empower the J&K Governor to take on the rights of the dismissed J&K Parliament!
5.Validate the power of Governor from SC by having ratified the new SC/ST bill amendment!
- Use the 1952 precedent to tranfer power to the J&K Assembly, which in turn got transferred to J&K Governor.
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President declares his right to abrogate 370 and simultaneous bills to make 370 / 35A toothless and powerless on our constitution is passed in RS on August 5, 2019 and LS on Aug 6, 2019 both by 2/3rd majority!
IMPOSSIBLE MADE POSSIBLE AFTER 72 YEARS by MODI-SHAH-DOVAL giving a stinging slap on all anti nationals who dared this MSD trio to remove Art 370!
As to why bifurcation of J&K and Ladakh was done INSTEAD of Trifurcation as conjectured by various experts, here is the possible explanation!
In the instrument of accession signed by Maharaja Hari singh in 1947/48 with Union of India, it mentions ‘Jammu and Kashmir’. Ladakh was probably not even mentioned! (Some one ratify this!)
The entity, ‘Jammu and Kashmir’ must exist as one State because POK was part and parcel of J&K in 1947/48 when instrument of accession was signed! This must be kept separate to later integrate POK into our J&K which was rightfully ours!
In future as and when India claims or demands PoK, then this signed instrument of accession would be needed to show that accession was for entire J&K that included the POK that was allowed to be taken by Pakistan later by the devious collusion of Nehru and Sheikh Abdulla!
The crucial timing was withdrawal of BJP from coalition government in J&K!
BJP withdrew just a year before General elections! Now they just had to wait till election commission announced date of General elections.
But J&K regional parties began the formation of a coalition to fight in State Election!
But before this could happen, alert BJP and the Governor of J&K stopped them in their tracks!
However, the early dissolution of assembly created another problem.
Now the Elections could be forced by opposition to hold J&K elections concurrent wth General Elections!
Election commision however did not relent. And the Home ministry rightly raised the security issues and elections to J&K State were postponed. The power remained still with the Governor.
Mehbooba understood this game so did Omar Abdulla and the Congress Dynasty think tanks!
They all cried and still are crying albeit this time with Pakistanis!
Now, there was no threat to the power of governor till J&K elections for legislature would be announced!
Time was then ripe to pass the SC/ST amendment bill and 10% Reservation for EWS for J&K too!
This established power of the governor even further!
In this bill consent of the Governor was construed as consent of the State assembly.
Now SC can not but reject any petition against 370 because they have already accepted the powers of the Governor being same as dismissed assembly!
Now, the paid PIL lawyers, the Congress Party lawyers can not convince Supreme courts judges to backtrack from their earlier decision!
If they backtrack, SC and even Congress and their supporters would be deemed anti-Dalit!
SC has no option but to throw all the PIL challenges to Govt’s Art 370 decision into trash cans!
Finally all the anti national Judicial activists of India will have found that they can no more fight the the Chanakya NITI of Modi-Shah and Doval including their point men in J&K like Ram Madhav an legal eagles like Subramaniam Swamy!
All along for past almost 13 months, BJP cleverly managed the media, the opposition, the Judiciary and even the naysayers within their own rank with elan and of course total silence!
Indian Nationalists like all of us are really amazed at the brilliant minds of BJP behind this strategy!
While everyone was speculating the future of J&K, BJP was quietly acting as a rock solid wall between NC , PDP and Congress forming an alliance! Their sole aim to delay the coalition as much as possible till August 5, 2019 was successfully executed!
Even if Mehbooba wanted coalition with Omar, BJP made sure that they fall short of numbers. Sajjad Lone was another division within the parties against 370 along with separatists, who delayed the formation of coalition seeking bigger role in Govt if coalition was win!
And finally the master trump card was that the Article 370 has NOT been removed totally at all!!!!
Rather, it has been made toothless and powerless like a castrated dog or a poison gland extracted Snake! Therefore, no constitutional amendment was required to remove it!!!. Mystery of missing fax is yet to be solved!
If question were to be asked regarding legal or constitutional fault in this process, Constitution expert Shri Subhash Kashyap ji on Article370 said:
Quote: I can only say, constitutionally it is sound, no legal & constitution fault can be found in it. Govt has carefully studied the matter.”