J & K news and discussion

somnath · Post by **somnath** » 24 Dec 2009 19:03

^^^Much ado about nothing..The Indian govt has at any point in time thousands of committees and commissions running, and milions of reports..Most of them are setup simply to placate allies with an agenda or to be seen to be "progressing"..The Saghir Ahmed report falls in the same category..

Bottomline on J&K's "sovereign status" is that there is a Parliament resolution on it. Any government that seeks to modify the same needs to go back to Parliament. And anything short of current status is unlikely to have support even within the Congress party..

Jarita · Post by **Jarita** » 24 Dec 2009 19:38

^^^^
Series of actions from this government have been anti national or plain shoddy
- Nuke deal
- Copenhagen
- Ranganath Mis recos based on something as ambiguous as belief systems
- SES
- Poor defence planning
- Withdrawing troops from J&K
- Telangana bungling
- 26/11
- Vande Mataram
- Various scams
etc

Something is seriously out of control. MMS is a weak front. Sonia does not give two hoots abt country (only her Swiss bank accts, gaddi, bacchas and religion), the close advisors to Sonia and MMS are seriously off
We need to take our blinkers off. We are keep trying to ascribe chankyan motives to their actions but there are none. That is the danger of always looking for Chankyan motives, sometimes the answer is staring at our face and we ignore it.
On top of it the media keeps putting a positive spin on the shite being doled out.
Way back in 2004 some wise pple had said govt is a big danger to this country and they were right.

Virupaksha · Post by **Virupaksha** » 24 Dec 2009 19:48

RayC wrote: I am not clued up on the Constitutional legalities.

Will it require a 2/3 majority in Parliament and does it have to be ratified by the other States?

nothing at all.just a simple majority in parliament would do article (3) of the Indian constitution.

negi · Post by **negi** » 24 Dec 2009 20:05

somnath wrote:^^^Much ado about nothing..The Indian govt has at any point in time thousands of committees and commissions running, and milions of reports..Most of them are setup simply to placate allies with an agenda or to be seen to be "progressing"..The Saghir Ahmed report falls in the same category..

That precisely has been the problem since the independence , this practice of appeasing the secessionists in the name of playing it safe or chankianness for that matter has only aggravated the issue . Separatists and their controllers in TSP get a nice straw man to clinch on to in the international fora a common man in the valley only knows what is in the print media or trickles via the grapevine for them J&K is a disputed boundary irrespective of what Parliamentary resolution states (btw who cares for it anyways

).

If a nation cannot integrate a state and restore conditions requisite for people to lead a normal life in over 60 years of thumb twiddling what is that powers that be at the helm are gonna do to change it in next few years or even a decade ? It is obvious that either the separatists have to have a change of heart overnight or the GOI has to change its tactics and deal with the situation with a firm iron fist , at present it appears that every GOI is pretty content with passing the buck to the next government .

The 54576495675495 times played record stating "Dialogue process needs to continue" needs to be revisited the whole mentality reeks of ''chalta hai attitude' . Even the separatists have now realized that they are faced with a golden egg laying hen in form of the GOI and former have now taken a plunge into politics in form of PDP et al .

Vikas · Post by **Vikas** » 24 Dec 2009 20:37

J&K is a disputed territory else why would GoI be talking to Pakistan (and maybe with Uncle too) about it. How can we deny it. Wonder why we are not
We don't talk about Punjab or Rajasthan with Pak desh. Do we ? We may sugar coat it about POK but when was the last time GoI actually mentioned PoK in any discussion with Pakis.
We Indians sometimes can be too clever by half. We have kept dangling the fruit of Kashmir and Pakistan is permanently interested just like we are doing with AP and China.
Just close the bloody shop and ask both Paki and Chinni to FK off. What is this mujra about talks and more talks and only spineless statements and some committee report.

Rishirishi · Post by **Rishirishi** » 24 Dec 2009 21:26

VikasRaina wrote:J&K is a disputed territory else why would GoI be talking to Pakistan (and maybe with Uncle too) about it. How can we deny it. Wonder why we are not
We don't talk about Punjab or Rajasthan with Pak desh. Do we ? We may sugar coat it about POK but when was the last time GoI actually mentioned PoK in any discussion with Pakis.
We Indians sometimes can be too clever by half. We have kept dangling the fruit of Kashmir and Pakistan is permanently interested just like we are doing with AP and China.
Just close the bloody shop and ask both Paki and Chinni to FK off. What is this mujra about talks and more talks and only spineless statements and some committee report.

Maybe GOI should learn from the Chinease. Help AP and JK to reflect the rest of the countries peoplulation. Push Biharis, Marwaris, and Gujus to the area. The issue will be finished once and for all. Good for TSP and good for India.

But no how can India be so cruel, so in sted we place hundreds of thousands of soldiers to supress the wish of the people.

Hari Seldon · Post by **Hari Seldon** » 24 Dec 2009 21:39

The J&K autonomy is meaningless unless POK+NA too is able to share in on it. Till then, let it gather more dust on some office shelf.

Once TSP collapses and decomposes like the corpse it is, the J&K issue will solve itself, IMHO.

amdavadi · Post by **amdavadi** » 25 Dec 2009 03:12

Rishi,

guju is a derogatory term. I would highly appreciate if you use Gujarati instead.

brihaspati · Post by **brihaspati** » 25 Dec 2009 03:14

Those who think reoriganization of J&K can be done without "J&K" "consent" should read the Constitution of India again.

Please,
Do look at

THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954 (C.O.48)

(6) PART XI.
4[(a) In article 246, for the words, brackets and figures “clauses (2) and (3)” occurring in clause (1), the word, brackets and figure “clause (2)” shall be substituted, and the words, brackets and figure “Notwithstanding anything in clause (3),” occurring in clause (2) and the whole of clauses (3) and (4) shall be omitted.]
5[6[(b) For article 248, the following article shall be substituted, namely:—

“248. Residuary powers of legislation.—Parliament has exclusive power to make any law with respect to—
7[(a) prevention of activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;]
8[(aa)]9[prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial

[Explanatory Note as in the text of the Appendix - Brihaspati]
1Ins. by C.O. 60 (w.e.f. 26-1-1960).
2Subs. by C.O. 89, for cl. (a).
3Subs. by C.O. 74, for cl. (c) (w.e.f. 24-11-1965).
4Subs. by C.O. 66, for cl. (a).
5Cls. (b) and (bb) subs. by C.O. 85, for original cl. (b).
6Subs. by C.O. 93, for cl. (b).
7Ins. by C.O. 122.
8Cl. (a) relettered as cl. (aa), ibid.
9Subs., ibid., for “prevention of activities”.]

integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution; and
(b) taxes on—
(i) foreign travel by sea or air;
(ii) inland air travel;
(iii) postal articles, including money orders, phonograms and
telegrams.”.
1[Explanation.—In this article, “terrorist act” means any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature.]
2[(bb) In article 249, in clause (1), for the words “any matter enumerated in the State List specified in the resolution”, the words “any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List” shall be substituted.]]
(c) In article 250, for the words “to any of the matters enumerated in the State List”, the words “also to matters not enumerated in the Union List” shall be substituted.
3* * * * *
(e) To article 253, the following proviso shall be added, namely:—
“Provided that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.”.

Bolding done by me, and is ordinary text in the Constitution.

negi · Post by **negi** » 25 Dec 2009 04:16

B ji all this paperwork is of little relevance as far as common man in J&K is concerned , the fact that people turn out to vote during assembly as well as lok sabha polls in numbers as in any other state is a testimony to their desire for normal life . Point is decisions/articles drafted in the past need to be revisited based on their relevance in the present context it is not important as to what transpired between JLN and Hari singh or what was Abdullah's take on it some 50 years back , what is important and is pretty clear to me is the fact that complete integration of J&K with India is in interest of everyone on this side of the fence. We need to realize that it is not the question of autonomy itself which concerns us the point is about not legitimizing the claims made by wannabe nopel plize winners ,TSP and the Lizard for once the latter are given the leeway it will become difficult for the ever competent GOI to control the situation in an autonomous region .

Airavat · Post by **Airavat** » 25 Dec 2009 05:20

Senior BJP leader Arun Jaitley, who was a member of this Working Group on Centre-State relations headed by Justice (retired) Saghir Ahmed, said he will write to Prime Minister Dr Manmohan Singh expressing his reservations over the report. "It is a fraud on the people of Jammu and Kashmir. A fraud on the people of the country," he added. The last meeting of this Group was held in September 2007. No meeting has been held since, Jaitley insisted.

BJP president Ashok Khajuria said the Working Group report has totally ignored sentiments of the people of Jammu and Ladakh regions. Despite having less population and area, Kashmir has 46 Assembly seats while Jammu has only 37, Mr Khajuria pointed out and regretted that the Group has ignored demand of the people of Ladakh for Union Territory status.

NPP Legislature Party leader and former Minister, Harshdev Singh, another important member of the Group said the report was fit to be consigned to the dustbin. He wanted to know how the Working Group can recommend restoration of autonomy when majority of members (of the Group) had opposed it.

Meanwhile in more important news

Daily Excelsior

Official and Intelligence sources told Excelsior that nearly 25 to 30 militants were still camping at the launching pads in forward areas of Lehri Kalan and Jhandewali Posts of Pakistan Rangers opposite Ramgarh sector of Samba district. Police has also been put on high alert in all border villages along with the Village Defence Committees (VDCs). Security agencies believed that coming few days could be crucial on the IB with massive concentration of militants across the border.

Sources said majority of 25 to 30 militants camping in launching pads across Ramgarh were locals of this side and belonged to upper reaches of Kathua, Udhampur, Ramban, Doda and Kishtwar districts. They were well versed with old traditional route of the militants from Basantar nullah leading to Chilla Danga and Mansar forests which lead to heights of Udhampur and subsequently to Doda districts. This particular group of militants has been camping in Pakistan’s launching pads since August this year but has not succeeded in infiltration.

brihaspati · Post by **brihaspati** » 25 Dec 2009 05:27

Autonomy has everything to do with integration. One simply has to look at the Constitutional amendments going on from 1950, 1954, etc to see in which direction the "devolution" of powers have been going steadily.

My quote from the Cinstitution was to dispel notions many appear to have had that the Indian Parliament could dispose off the state of "J&K" at will like any other states. Each and every clause allowing such powers unilaterally in the hands of the Parliament has been taken away - slowly.

J&K is a complex and long process of political mobilization carefully orchestrated to preserve feudal landholding patterns and social structures in the best possible framework to do so - Islamism. Just as it has been done in Pakjab or sought to be maintained in other parts of TSP. Fortunately for the semi-feudal elite of J&K, the Cold War had started almost at the same time the state joined the Indian Union. This alowed the J&K elite to play out the bargaining hand in the international arena and with TSP to extract concessions from the GOI. On the other they carefully used the Islamism and its paranoia to mobilize commons support behind their own power-maintenance agenda.

The time to intervene was early. That boat has been missed. It will either be virtual secession or a bloody conflict that has to face up to the possibility of having to militarily destroy both the TSP side of J&K as well as the separatists inside.

Jarita · Post by **Jarita** » 25 Dec 2009 05:43

^^^ Why does the intellectual elite in India keep harping abt seccession?

negi · Post by **negi** » 25 Dec 2009 06:58

Cross posting a link posted by Stan in internal security thread .

Kashmir insurgency, 20 years after

Over the years, Kashmiri views on Pakistan have changed. Although many people in Kashmir never wanted it to become part of Pakistan, there were some who thought they would be better off there. Moreover, given the negative light in which many Kashmiris often saw India, there was a tendency, even if not so widespread, to view Pakistan with sympathy and admiration. This is changing, thanks to the existential problems that Pakistan is facing, the atrocities that Pakistan-sponsored terrorists have committed in Kashmir, and the general perception that joining Pakistan may not be the best option for Kashmir. As a result, there are fewer Pakistan supporters in the Valley today, and even fewer of them for militants coming from Pakistan to “liberate Kashmir from Indian tyranny.”

Kashmiri politics today is multi-faceted and more vibrant than ever. Analysts and observers tend to get confused while writing about the State primarily because they struggle to appreciate the often contradictory nature of today’s political environment. The people of Kashmir are learning to speak two contrasting languages at once: one of dissidence, and the other of mainstream issues. Many analysts argued that India lost Kashmir during the protests against the Amarnath land transfer. Likewise, many argued after last year’s elections in Jammu and Kashmir (when more than 62 per cent of the people voted as compared to around 43 per cent in 2002) that the historic referendum was the last nail in the coffin of separatist politics and ‘azadi’ sentiments in the Valley. Both arguments failed to understand the complexity of the politics in Kashmir or appreciate that political affairs there have changed fundamentally.

The ‘mainstreaming of dissent’ is another phenomenon in contemporary Kashmir. Gone are the days when the separatists were an untouchable lot. Today, separatist politics and ‘azadi’ sentiments are more nuanced, more complex than before and take many forms, ranging from the All Parties Hurriyat Conference (APHC) to the People’s Democratic Party (PDP). The PDP would object to being called ‘pro-azadi,’ ‘separatist’ or even ‘soft-separatist,’ yet the fact remains that it walks a very fine line. On the one hand, the self-rule proposal put forward by it asks for more than what the Constitution of India promises the State and is closer to the platform proposed by separatist leaders (such as Sajjad Lone). On the other, the PDP has a political constituency that speaks the language of both separatism and ‘azadi.’ Yet, having ruled the State for three years, the PDP is a mainstream Kashmiri political party with clear links to the Indian state. On the other side of the divide, the dissident APHC often raises governance-related issues. This crossing of traditional political boundaries by the hitherto opposed political groups indicates the complexity of Kashmir’s new politics.

The meaning of ‘azadi’ has also grown in complexity over the last 20 years, becoming more nuanced and developing more shades of meaning, which many analysts fail to recognise. It would not be wrong to say that the aspirations for freedom — the ‘azadi’ sentiment — were strong in Kashmir when the insurgency began. However, 20 years on, this sentiment is more refined today; ‘azadi’ does not always mean self-determination in popular parlance now. ‘Azadi’ today means freedom from the fear of militants and security forces, as well as dignity and self-respect, self-governance, and the absence of New Delhi’s perceived political high-handedness.

Many and multifarious pathways aimed at reconciliation have emerged. Although the India-Pakistan peace process is currently on ice, the Srinagar-New Delhi conversation is very much alive. There are dialogues taking place between Jammu and Srinagar as well as among Muzaffarabad and Srinagar and Jammu. Traders from both sides of the State have established a joint J&K Chamber of Commerce and Industries. While many of these ‘peace tracks’ need to be revived, their very existence shows the fundamental manner in which the conflict has been transformed from the time violence permeated the State.

Above re affirms my assertion that all this talk of autonomy etc is emanating from the cabal that exists between the separatists and their appeasers in the GOI , the common Kashmiri has got nothing to do with it . However once phoonk sundaris in DDM get to work along with inflammatory rhetoric being spouted by those enjoying GOI hospitality (allegedly under 'house arrest'

) it is obvious for the masses to get riled up.

Vikas · Post by **Vikas** » 25 Dec 2009 11:33

Brihaspati ji, I think all these are semantics. J&K is part of the punya bhoomi and if any article in constitution stops us from integrating it into rest of India, it should be changed pronto. The only question we need to consider is ,"Is Article-370 really the root cause of all evil in J&K" or would

giving Peace a chance

is a better solution to the problem.After all "Lord giveth and Lord taketh away". What Parliament of India has given away in one article can be taken back in another article. After all constitution is nothing but represents the will on people of India.
The day there are more folks with spine and knowledge in the parliament, You will see that article 370 will be consigned to the dustbin of history.
Lets not worry too much about something that can be changed. After all the constitution has been amended over 80 times.It won't harm us to amend it one more time.

Maybe GOI should learn from the Chinease. Help AP and JK to reflect the rest of the countries peoplulation. Push Biharis, Marwaris, and Gujus to the area. The issue will be finished once and for all. Good for TSP and good for India.

But no how can India be so cruel, so in sted we place hundreds of thousands of soldiers to supress the wish of the people.

Rishi, Are you saying that Biharis, Marwaris, and Gujarati's are more patriotic than people of Kashmir. Elites would say,"If you are acting like Chinni's, then what is the differentiator between us Indians and chinni's". Better get your soldiers and ordinary citizens killed but keep serving biryani to terrorists.This helps the cause of world peace.

Nihat · Post by **Nihat** » 25 Dec 2009 17:11

Above re affirms my assertion that all this talk of autonomy etc is emanating from the cabal that exists between the separatists and their appeasers in the GOI , the common Kashmiri has got nothing to do with it . However once phoonk sundaris in DDM get to work along with inflammatory rhetoric being spouted by those enjoying GOI hospitality (allegedly under 'house arrest' ) it is obvious for the masses to get riled up.

Absolutly , This autonomy et all is utter rubbish suggestion , aimed mainly to pacify the separatists . This may well keep them down for 2 years (if implemented) but after that these Paid Pakis will start itching again.

Autonomy means nothing to Kashmir , absolutly zilch to the common Kashmiri man or woman. Just like Naxals are not representing tribals but forwarding their own agenda , similarly Separatists do not represent Kashmiri's . If they did then they would have stood for elections and won.

GoI needs to get the pulse of Kashmir , rather then be swallowed up by popular (but un-true) perception and driven and paid "alternate leaders" aka separatists. The Train to Kashmir is a novel project and by making it a national project ABV did a great thing , time to follow it up with greater development , better piglet elimination and less army in the Interiors of the valley.

brihaspati · Post by **brihaspati** » 25 Dec 2009 19:11

Jarita wrote
^^^ Why does the intellectual elite in India keep harping abt seccession?

Hopefully you don't include me in the list of intellectual elite, if you hinted so.

I simply said, that the way attitudes, and policies appear to have set on both sides (forget the people in between) there seems to be only two possible outcomes. I do not support secession. In India, divisions of land always appear to happen between elite leadership on two sides - forget the costs on the people in between.

anupmisra · Post by **anupmisra** » 25 Dec 2009 19:15

Women’s Deaths, and Inquiry’s Findings, Enrage Kashmir
NY Times article.

But evidence from a new and more complete pair of autopsies and three months of intensive investigation by India’s top police agency have added surprising power to arguments that the women did in fact drown, as the Kashmiri authorities initially announced, in a normally placid stream swollen dangerously with glacial runoff.

Ratn Sanjay, who led the Central Bureau of Investigation’s inquiry into the deaths, said that when his team began its work in September at the request of the state government, the assumption was that the women had been raped and murdered. But that eroded rapidly as investigators discovered discrepancies between several autopsy reports prepared the day the women’s bodies were found, including mislabeled tissue.

The doctors who did the initial autopsies lied about their findings, Mr. Sanjay said, when they claimed that they had found evidence of rape and assault. One doctor faked slides she said were vaginal smears from the women’s bodies that showed the presence of sperm. But DNA analysis proved that the slides were not from the dead women, and investigators said the doctor, Nighat Shaheen, had acknowledged faking them.

“It is all lies,” Dr. Nighat said of the accusations. “They had to cook the case to get the outcome they wanted, and they have done it.”

One doctor in the initial autopsies said that he had ruled out drowning as a cause of death by removing the lungs of the two women and conducting a floating test. But when the bodies were exhumed for the second autopsies, the lungs in both bodies were intact, according to investigators and photographs of the procedure.

The tissue for the second round of autopsies was taken in a public exhumation, with family members and a doctor they considered trustworthy in attendance. The samples were sealed and conveyed to forensic experts. The new team was composed of doctors and a DNA expert from India’s top medical school. Analysis of the lung tissue found what investigators described as incontrovertible evidence that the women had drowned, and because there were no signs of a struggle, the investigators concluded that they had almost certainly died accidentally.

Investigators ended up charging the Kashmiri doctors, lawyers and activists with doing precisely what those groups had accused the Indian government of doing for years: falsifying evidence in order to serve an ideological agenda. According to the criminal charge sheet, the doctors and others “were actively engaged in a criminal conspiracy, by means of creation of false and fabricated evidence in order to defame, discredit and cause injury to the personnel police/security forces and get them wrongfully committed of a capital offense.”

The idea that they had drowned was dismissed immediately after their bodies were found. Residents of Shopian and other authorities said that no one in memory had drowned in the Rambi River, which is usually a placid and shallow stream. Even small children cross it on foot, despite the presence of several bridges. Om Prakash, a water engineer with the state government, testified that there had been no reports of flooding in the river, and that the gauges at nearby measuring points on the day the women disappeared measured the water level at one to two feet. But Mr. Sanjay of the Central Bureau of Investigation said that these measurements were misleading because they did not take into account the volume and the speed of the water. The volume of glacial melt that flows into the stream spikes drastically in the last week of May, the same time the women disappeared, he said. Video taken by the judicial commission a week after the women were found shows a fast-moving current.

But evidence is only one piece of the story. Mohammad Shafi Khan, one of the leaders of the Majlis-e-Mushawarat, a local community group created after the women were found dead, said no mere collection of facts would satisfy the people of Shopian.

Shankk · Post by **Shankk** » 25 Dec 2009 19:29

Grenade explosion in Kashmir, 7 wounded

Looks like Pakistan is upping an ante. They do not want the reduced force numbers.

Jarita · Post by **Jarita** » 26 Dec 2009 02:33

These Kashmiri elite will never leave India. They will just keep harassing the Indian govt. to get more and more benefits. They have it good right now - massive subsidies, doles with no return to the rest of India. They can study in all the educational insti etc, go anywhere but no one else can come in. Remember how they squealed when Jammu shut the supply lines.
I don't believe the current Indian govt will do anything but plenty can be done. I also believe that the current govt. has vested interests in the special routes that go through J&K which will be questioned if the state is properly integrated
A strong leader can teach these few thousand elite in Kashmir a lesson. They are the ones holding the rest of the country at ranasom.
This is very different from the naxal problem born out of genuine grievances.

Jarita · Post by **Jarita** » 26 Dec 2009 07:07

brihaspati wrote:
Jarita wrote
^^^ Why does the intellectual elite in India keep harping abt seccession?
Hopefully you don't include me in the list of intellectual elite, if you hinted so. I simply said, that the way attitudes, and policies appear to have set on both sides (forget the people in between) there seems to be only two possible outcomes. I do not support secession. In India, divisions of land always appear to happen between elite leadership on two sides - forget the costs on the people in between.

I was not referring to you. I am just curious as to why several members of the Indian media are so willing to decapitate India. This has been increasing in the last 2-4 years. An understanding will be useful

somnath · Post by **somnath** » 26 Dec 2009 09:22

Like it or not, Kashmir is a problem that needs to be tackled...And thanks to Pak, the world will take an interest on the issue...But today, as a major "rule setting" power, India cannot have the luxury of being caught up in a defensive mindset..We must be seen to be tackling the issue..An elaborate charade of talks, committees, negotiations do exactly that, without giving away anything in concrete terms..

Ovber the years, India has anyway diluted the impact of Art 370, with Supreme Court and Election Commission extending its jurisdiction to J&K, the development council in Ladakh etc etc..To therefore surpmise that we are about to "give away" anyting at all is quite naive - even the Pakis dont believe that, at least the realists in their strategic community...

But our overal politico-military strategy has to involve a degree of political savvy that bolsters unionist parties like NC and PDP, while getting more of the spearartists in the unionist shade...the Saghir Ahmed committee is an attempt to do just that..

somnath · Post by **somnath** » 26 Dec 2009 09:52

For those perpetually "scared" that Indian leaders would barter away J&K under western pressure, the new book "Limits of Influene" by Howard Schaffer is a must read..Even when there used to be "mediation", Nehru and Liaqat Ali Khan with Foster dulles, or the "forced" Swaran Singh-Bhutto dialogues after the China war, India never budged an inch from its status quoist position..To think that we will do so now, as I said, even the Pakis, at least the realists among them, do not think so anymmore..Latest example..

http://www.dawn.com/wps/wcm/connect/daw ... coffee-629

For over 60 years, we have been fixated over the Kashmir issue. Whatever the legal rights and wrongs of the matter, the harsh truth is that India is not going to budge, and there is nothing Pakistan can do to change this reality.

Hundreds of billions of rupees and thousands of wasted lives later, we are where we were decades ago. In fact, we have lost whatever diplomatic support we once had. The world is heartily sick of the dispute, and wishes we could just put the matter to rest and move on.

negi · Post by **negi** » 26 Dec 2009 10:12

Somnath it is nice to be an optimist and enumerate the complexity of situation on ground and how things could have been worse but I am afraid if the issues are to be resolved what needs to be highlighted and addressed is the inadequacies and omissions made for whatever reasons. Even a broken clock shows right time at least twice a day .

Your comment about India has anyway diluted the impact of Art 370 is worth

at , if there was any such 'impact' it was a result of a self goal by the GOI itself I don't see how can one pat one's own back for claiming to rectify a blunder which former had committed earlier. And this talk about 'Autonomy' after receiving huge doll ups of central aid and enjoying special status unlike any other state takes the cake.

We have seen the reign of PDP and it has been only worser than the NC-INC cabal.

The point is not about if or when J&K will be given 'Autonomy' point is why are we even talking about this more than 60 years of independence ? This should have been resolved ages ago ; and if at all there were serious attempts to resolve this , given the present situation on ground it is clear that they were miserable failures.

Masaru · Post by **Masaru** » 26 Dec 2009 10:22

Migrant's Property

According to a charge-sheet presented by the Crime Branch in the court five persons have duped a man of Rs 11.25 lakh against fraudulent sale of a house of a Kashmiri Pandit refugee.

The manner in which the members of the Kashmiri Pandit community have had to leave their centuries' old homes in the Valley is an extremely sad chapter of our recent history. That several of them have had to resort to distress sales can't be denied. It was precisely to prevent this unacceptable phenomenon that the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restriction of Distress Sale) Act was enacted in 1997 after the return of the popular rule. The legislation was necessitated because it was "generally observed that Kashmiri migrants were selling out their immovable properties in the Valley through middle-men which led to the impression that these properties were being sold under compulsion and distress."

There was a frank admission: "Due to the rise of armed insurgency in the State of Jammu and Kashmir during 1989-90 an overwhelming number of Kashmiri Pandits and the Punjabi Hindu families migrated to Jammu and other parts of the country leaving behind their immovable properties unattended in the Kashmir Valley." Much later a Parliamentary Standing Committee while reviewing the migrants' plight expressed the opinion that the law should be implemented "in letter and spirit." It was seriously concerned "about the criminal intent of vested interests to alter the demography in the State of J&K by not only forcibly ousting the minorities out of the State but also by changing the property rights in the revenue records so that the migrants are left with no stake to return back to the Valley."

somnath · Post by **somnath** » 26 Dec 2009 12:38

negi wrote:Somnath it is nice to be an optimist and enumerate the complexity of situation on ground and how things could have been worse but I am afraid if the issues are to be resolved what needs to be highlighted and addressed is the inadequacies and omissions made for whatever reasons. Even a broken clock shows right time at least twice a day .

Your comment about India has anyway diluted the impact of Art 370 is worth at , if there was any such 'impact' it was a result of a self goal by the GOI itself I don't see how can one pat one's own back for claiming to rectify a blunder which former had committed earlier. And this talk about 'Autonomy' after receiving huge doll ups of central aid and enjoying special status unlike any other state takes the cake.

We have seen the reign of PDP and it has been only worser than the NC-INC cabal.

The point is not about if or when J&K will be given 'Autonomy' point is why are we even talking about this more than 60 years of independence ? This should have been resolved ages ago ; and if at all there were serious attempts to resolve this , given the present situation on ground it is clear that they were miserable failures.

Like it or not, J&K is a "troubled" territory..Its history, geography and politics lend themselves to that fact..It cannot be wished away, and at the same time it cannot be allowed to keep India constrained...

Unfortunately the "slash and burn" tactics advocated will now wiork, does not work even for Israel confronting a much weaker set of adversaries..A more nuanced approach is required, one that keeps the problem "managed" while we continue our journey towards a great power status...

RayC · Post by **RayC** » 26 Dec 2009 12:57

If one goes by the media coverage of the issue, it appears worrisome.

More so, since the GOI handling of issues have been such that the confidence of quite a few in the GOI's decision making skills taking a dip, starting from the Sharm el Sheik doublespeak and raising of a non issue like Baluchistan to the sad state of flip flop over Telengana.

One wonders what's up!

negi · Post by **negi** » 26 Dec 2009 13:08

somnath wrote: Unfortunately the "slash and burn" tactics advocated will now wiork, does not work even for Israel confronting a much weaker set of adversaries..A more nuanced approach is required, one that keeps the problem "managed" while we continue our journey towards a great power status...

Whoa this is amusing who advocated slash and burn ?

This is a classic case of a small sore left unattended by a Hakim and the latter now has thrown hands up in despair claiming it to be a incurable disease .

There is no need for any slash and burn tactic as the people in J&K by and large are not against a complete integration with India, hell why should they when they enjoy all the fundamental rights as any other Indian ? The problem is with the politicization of the so called separatist movement with many of separatists (with some of them having terrorist links) joining politics in the name of 'Democracy' .

Somnath while we can agree to disagree on GOI's competency or role in this mess I will not buy this tripe about comparing J&K with situation in Israel . People in J&K were Indians before independence and nothing has changed now except for our bungling in 1947 , Israel is a nation created by force and change in demographics of the region , it is a classic case of "rob Peter to pay Paul' .

somnath · Post by **somnath** » 26 Dec 2009 13:52

^^^Apologies, the term slash and burn was used rather flippantly. What was meant was the oft stated "preferred" approach of an uber muscular response - repeal Art 370, divide the state into three, lock all Hurriyat types up, for good measure get back PoK...All of this would be quite impractical, even if deemed desirable..

To assume that a "vast majority of Kashmiris" ws integration with India is a big illusion, it wasnt the case in 1947, it isnt the case now..At best, the valley muslim opinion is deeply ambivalent, at worst, they want a separate state..

About the Israeli example, while the historicities of the two instances are differetn, the military-strategic contours are very similar between J&K and Palestine...A bunch of people who purport to be "different" and demand to secede, with active help from neighbours...Therefore lessons from one theatre are moot in the other..

RayC wrote:If one goes by the media coverage of the issue, it appears worrisome.

More so, since the GOI handling of issues have been such that the confidence of quite a few in the GOI's decision making skills taking a dip, starting from the Sharm el Sheik doublespeak and raising of a non issue like Baluchistan to the sad state of flip flop over Telengana.

One wonders what's up!

That is the way it works in India..Refer to the events runnign up to the creation of Andhra Pradesh (Pottu Srimulu's fast et al)!!About SeS, well, as anticipated by many, no one refers to it anymore...Not even the PM! It is unwise to underestimate the capabil;lity of the Indian "system"!

Jarita · Post by **Jarita** » 26 Dec 2009 19:42

Letter from Arun Jaitley to PM
Sorry, I dont have link - got in email

Annexure

To,

Justice (Retd.) Sageer Ahmad
Chairman
The Working Group on
Strengthening Relations between the State and the Centre

Re: A note by Arun Jaitley, Member of Parliament and General Secretary of the Bharatiya Janata Party

Sir,

The Fifth Working Group has been constituted following the statement of Hon’ble Prime Minister at the Round Table Conference held on May 25, 2006 at Srinagar on the subject of “Strengthening Relations between the State and the Centre”. From the subject matter it is clear that this Group has been constituted to strengthen the relationship between the State and the Centre and not to create any further distancing in the constitutional relationship.

Various proposals have been suggested by honorable members of the Group with regard to the Centre-State relations in the context of Jammu & Kashmir. These proposals are broadly categorized in the following four sub heads:

(a) Self-rule for the people of Jammu & Kashmir.
(b) Autonomy for the people of Jammu & Kashmir in the nature of pre-1953 status.
(c) Maintenance of the current status-quo.
(d) Abolition of Article 370 and full integration of State of Jammu & Kashmir into India.

The Bharatiya Janata Party is categorically committed to the following two proposals:

(1) Abolition of Article 370 and complete integration of State of Jammu & Kashmir into the Indian Union.
(2) Decentralisation of powers within the State to regions such as Jammu and Ladakh.

What must be the criteria to determine as to which of the above four options strengthen the Centre-State Relations

We are today in the 60th year of our independence and the 57th year since the Constitution of India was adopted and implemented. The incorporation of Article 370 in the Indian Constitution was a Nehruvian misadventure. It is for the people of India, including those of Jammu & Kashmir, to pause and look back and objectively decide whether Article 370 has served the cause of the nation or the people of the State or has it at all strengthened national integration? Has Article 370 and the concept of separate status and identity resolved the problems which it was intended to resolve or has it created additional problems? The experience of the past 57 years reveals that the journey of Article 370 has evolved from a demand of a separate status to separatism. It is Article 370 and the ideology which produced it that share the blame for this unfortunate evolution.

Article 370 was a psychological barrier between a constituent State and the Indian Union. It continued to act as a political and psychological barrier. It prevented the economic development of the State in as much as it was a deterrent for potential investors.

The State of Jammu & Kashmir is strategically located on the borders of Pakistan. Pakistan has never reconciled to the fact that Jammu & Kashmir is an integral part of India. Because of Pakistan’s armed aggression in 1947-48, India lost 1/3rd of the territory of Jammu & Kashmir to Pakistan. The unanimous resolution of India’s Parliament in 1994 records that Pakistan-occupied Kashmir is an integral part of India. The Indian nation is committed to the restoration of that part of Jammu & Kashmir into India.

Not reconciled to the integration of Jammu & Kashmir into India, Pakistan has attempted conventional wars with India in 1965 and 1971. Its attacks were repelled and Pakistan paid a high price by its own division in 1971. Once fully satisfied that Pakistan could never annex any part of Jammu & Kashmir away from India though conventional warfare, Pakistan, in the late 1980s, engineered an unconventional war in the form of cross-border terrorism in the State of Jammu & Kashmir, which continues unabated. The facts of recent history are not unknown. Terrorist training camps have been set up; large scale attacks have taken place in India. Pakistani Government, its Inter-Services Intelligence and various terrorist groups operating from its soil have fomented trouble in Jammu & Kashmir and other parts of India. It is obvious that the days of re-drawing the geographical boundaries are over where no country can barter away or give any part of its territory. Its’ concern for its sovereignty does not permit it to do so. The Indian State had no option but to face both conventional and the unconventional attempts towards destabilisation. In a bid to fight terrorism, India has had a very high price to pay. We lost valuable lives of innocents as also security personnel. A large part of our national budget is being spent towards maintenance of internal security against terrorism. The innocent people of Jammu & Kashmir have been deprived of the benefits, which tourism and industrial growth would otherwise have conferred on the State. Investors do not invest in terrorist-infested areas. Tourists do not visit insecure areas. Police action and security measures used against terrorists at times result in alienating the local population, which is a result of by police actions against terrorists. Terrorism, therefore, creates a social divide. Such a divide alienates and misleads the emotional people who then start believing in, romanticising and even clamouring for self-determination.

Article 370 perpetuated a psyche that Jammu & Kashmir has a special relationship with India and is not fully a part of it. It sent a signal both to terrorists and Pakistan that its full integration could be prevented. The psyche of separate status was catalysed by terrorism in order to evolve amongst some misled sections into a demand for an independent State. Article 370 did not prove a remedy for any of the problems it tried to resolve. The historical events which followed the incorporation of Article 370 established that the provisions itself became a problem rather than the solution.

What are the real problems of the people of Jammu & Kashmir?

We regard the following as some of the real issues of the people of Jammu & Kashmir, which require to be resolved:

1) Security to the people of Jammu & Kashmir through elimination of terrorism.
2) Economic development of the State.
3) Correction of regional imbalances in the State.
4) Benefit to the people of the State in terms of an environment of economic development in the country including creation of job opportunities.
5) Grant of citizenship rights to the refugees from West Pakistan who have settled in the State; payment of compensation to the refugees from Pakistan occupied Kashmir, numbering approximately ten lakhs.
6) Rehabilitation of the displaced Kashmiri Pandits back in the Valley.

If these above problems are to be attended to and resolved, the fundamental question is: Has Article 370 anything to do with the resolution of these problems? Is further dilution of Aricle 370 into further autonomy going to resolve any of the problems mentioned above? Is there any nexus of the above problems with the kind of solutions that are being suggested? The unequivocal answer to the above is NO. The above problems can be solved only and only if there is peace and tranquillity, elimination of terrorism, an end to regional disparities, grant of citizenship rights to refugees, rehabilitation of the displaced Kashmiri Pandits back in the Valley and in providing a comfort level to both local, outside and even foreign investors that Jammu & Kashmir is heaven for investment and economic development.

The Constitutional Position

The Indian Constitution is federal in character. The powers mentioned in the Seventh Schedule in the Union List relate only to the legal competence of the Centre and the Union Legislature. The powers mentioned in the State List are within the domain of the State Legislatures and the State Governments. The powers in the Concurrent List are under a twin jurisdiction, with a primacy to the Centre. In the context of the State of Jammu & Kashmir, the Union List has been substantially depleted to include only certain limited powers. All other powers are with the State List. The Concurrent List does not exist in the context of the State of Jammu & Kashmir. List-I, Entry 97 of the Union List deals with the residuary powers, i.e. powers not defined in a specific manner in the other two lists, viz., List II and List III. For the whole of India, residuary powers are within the domain of the Centre. In the State of Jammu & Kashmir the residuary powers are within the exclusive domain of the State. The laws made by the Centre are not automatically applicable to the State of Jammu & Kashmir. They need a concurrence of and ratification by the State Government/State Legislature.

Is the problem of the State of Jammu & Kashmir relatable to the inadequacy of the legislature of the State? Is any problem of the State on account of this so-called inadequacy? The honest answer has to be NO. Compared to the rest of India, the power with the State Government and the State legislature is overwhelming. The federal character of the Indian Constitution leans in favour of the Centre, but leans entirely in favour of the State in the case of Jammu & Kashmir. This is an anomaly created by Article 370. Has the existence of this lop-sided power not created a separate psyche amongst the sections of people both across and within the border? Has the inadequacy of any power been felt in the governance of the State of Jammu & Kashmir either by the legislature or by the State Government? Obviously not. Those who are thus suggesting either continuation of this present status-quo or the grant of more power with autonomy and pe-1953 status or self-rule are not intending to do so to resolve any of the problems confronting the State. The intention is to exploit the emotive thinking of a section of people and further create a separate psyche through the onward journey of separate status to separatism. History will not forgive those who are indulging in a skewed analysis, blinding themselves to the existing problems, suggesting solutions, which are a disease worst than the remedy, and in this process, weakening the sovereignty of India. The Bharatiya Janata Party rejects this thought in its entirety and reaffirms its often-stated position for repeal of Article 370 and the integration of the entire State of Jammu & Kashmir into India as the only solution. We believe that the people of the entire country should be entitled in the interest of national integration, a right to permanent residence and to live in any and every region of India equally.

Let us not forget the lessons of history. Article 370 appears in Part XXI in the Constitution of India. The said part deals with Temporary, Transitional and Special provisions. Shri Gopalaswamy Iyyangar while moving the Bill for incorporating Article 370 (Article 306A in the Draft constitution) had referred to Article 370 as an “interim” and transitional provision. He hoped that the provision itself will wither away and had referred to Article 370 as an interim and transitional provision. Faced with criticism across the country, our first Prime Minister, Pandit Jawaharlal Nehru had emphasised the transitional character of this provision by confirming “Yeh ghiste ghiste ghis jayegaa” Even here, Pandit ji’s statement on Jammu & Kashmir was belied by subsequent events. The provision has not withered away. Not only are there demands for its permanency but for further dilution of the relationship of the State with the Indian Union . All these proposals do not strengthen the relationship of the State and the Union. They are intended to destroy that relationship in its entirety.

Regional Imbalances

There are different regions in the State of Jammu & Kashmir. Ever since Independence, the State has been administered predominantly by elected representatives from Kashmir Valley, with marginal participation of Jammu and Ladakh region. This has perpetuated discrimination in governance against both Jammu and Ladakh region. To deflect the criticism against this discrimination, a larger issue of injustice to the people of Kashmir is raised by certain interested persons. The last available data of the Indian population living below poverty line is available for the year 1999. A national average of 26% of the population in 1999 lived below the poverty line. In Jammu & Kashmir this figure is 3.6%. This is attributable, amongst other factors, to a large central assistance in the State. The per capita Central assistance in Kashmir was Rs.3000 annually, as against Rs.300 in the other backwards States like Bihar a few years ago. Even though the accuracy of the Census figures in Jammu & Kashmir have been disputed, the population of the two regions of Kashmir and Jammu is not substantially different. Kashmir’s population is only marginally higher than that of Jammu. Despite this, there is large-scale discrimination in the matter of public employment. About 3.3 lakhs out of a total 4.5 lakhs government employees and semi-government employees in the State come from the Kashmir Valley. Jammu and Ladakh regions are grossly under-represented. Ladakh’s representation in the civil secretariat is only 0.68 percent. The unemployment figures of Jammu & Ladakh are far higher than Kashmir – over 69%. No Delimitation of constituencies in the State is being undertaken presently. In the Assembly, the Kashmir region is represented by 46 members and the Jammu Province by 37 members. Only 4 members are from Ladakh. This is despite the fact that the number of registered voters in the Jammu region is 30,59,986, which is higher than the number of voters in Kashmir, which stands at 28,85,555. If an analysis is made of the money spent on developmental activities amongst the three regions, the discrimination against Jammu and Ladakh becomes more palpable. There is a strong sense of discrimination prevalent in the Jammu and Ladakh regions. It is, therefore, important and necessary that this Working Group suggests methodology of de-centralized governance in the regions of Jammu and the Ladakh. A possible option can be to set up constitutionally-empowered Provincial Councils in these two regions. These Provincial Councils should have financial and legislative jurisdiction in relation to developmental activities.

Arun Jaitley
September 2, 2007

Dear Prime Minister,

You had made an announcement after the Round Table Conference held on 25th May, 2006 at Srinagar that five Working Groups would be constituted to consider various issues pending in relation to the State of Jammu & Kashmir. Consequent to your announcement, the State Government constituted five Working Groups headed by different chairpersons. The fifth Group was on the important subject of “Strengthening Relations between State and the Centre”. This Group was headed by Justice (Retd) Saghir Ahmad, a retired judge of the Supreme Court. This Group had twenty one members representing various political parties and organizations. I had an opportunity to be a member of this Group on behalf of the Bharatiya Janata Party. This Group met on five days between 12th December, 2006 and 3rd September, 2007. In these meetings, each of the different members orally stated their stand on various issues for discussion. Shri N.N. Vohra, prior to his appointment as Governor of Jammu & Kashmir, used to be present in the meetings. In one of the meetings, Shri Wajahat Habibulah, Chief Information Commissioner made a detailed presentation on de-centralisation and Panchayati Raj in the State of Jammu & Kashmir.

The record available with me indicates that the 4th and 5th meeting of the Working Group was held on 2nd and 3rd September, 2007 at New Delhi. Various members gave their opinion on the agenda items. I also had an opportunity to give my Party stand on the terms of reference. The record of

proceedings circulated on 30th October, 2007 states –

vera_k · Post by **vera_k** » 27 Dec 2009 01:35

Article 370 perpetuated a psyche that Jammu & Kashmir has a special relationship with India and is not fully a part of it.

Alternatively, this exceptionalism can be diluted by extending Article 370 to other well-integrated states. A start can be made by extending it to states in the making like Telengana.

This book by Bal Raj Madhok states that Article 370 can be done away with by the President.

In fact there is no need to amend the Constitution because the procedure to make this Article inoperative has been laid down in subclause (3) of this article itself. It reads, "notwithstanding anything in the foregoing provisions of this Article the President can, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify."

The rider that the "recommendations of the Constituent Assembly of the state shall be necessary before the President issues such a notification" has ceased to have any validity because the Constituent Assembly of the State ceased to exist in 1956. Therefore the decision to make this Article inoperative can be taken by the President on his own or on the advice of his council of Ministers, even without making any reference to the Parliament.

For all of the posturing by the BJP, why did they not have Kalam rescind Article 370?

svinayak · Post by **svinayak** » 27 Dec 2009 01:52

vera_k wrote:
For all of the posturing by the BJP, why did they not have Kalam rescind Article 370?

The illusion which Pakistan views is with the view of the Indian constitution hold on JK.
It is better to keep that illusion

Airavat · Post by **Airavat** » 27 Dec 2009 06:31

vera_k wrote:For all of the posturing by the BJP, why did they not have Kalam rescind Article 370?

The BJP fought elections and came to power as part of the National Democratic Alliance (NDA). Abrogation of Article 370, adoption of a Uniform Civil Code, and construction of Ram Mandir were not part of the NDA's common minimum programme.

negi · Post by **negi** » 27 Dec 2009 11:47

--duplicate

negi · Post by **negi** » 27 Dec 2009 11:47

somnath wrote:Apologies, the term slash and burn was used rather flippantly. What was meant was the oft stated "preferred" approach of an uber muscular response - repeal Art 370, divide the state into three, lock all Hurriyat types up, for good measure get back PoK...All of this would be quite impractical, even if deemed desirable..

My point was not about taking above measures (although in ideal case I would take em all) , my point was about GOI measures to address the public grievances and there by gradually isolating the separatists which eventually could have been gagged when needed.

For time being lets talk about so called 'developmental' effort specially in the backdrop of the huge doll ups of aid that J&K receives every year.

1. Road construction: 7,315 Kms of road length recorded until 1974-75 (don't know how much of it was built by the GOI

) , and this figure now stands at about 21,000 Kms of length of the road upto March, 2009 .

2. Horticulture exports: Total exports stood at 9.10 lakh tonnes in 1995-96 dropped to 5.016 lakh tonnes in 2000-2001 and as on 2004-05 was reported to be 8.194 ; and this after GOI increased the tax on import of apples by 50% in 2000/2001.

3. Saffron production and exports: Area for saffron cultivation has reduced from 5,707 hectares in 1997, to 3,010 hectares in 2006-2007. So the state which was producing about 45,000 kg of Saffron annually in 90's only produced 5000kg saffron in 2008 , and all this despite an ever increasing demand and price for Saffron both in and outside India. Even one time small scale exporters like IRAN and Spain have now overtaken India in terms of Saffron exports.

Following from Govt of J&K's agri page

1. Over 65% of the population of more than one crore depend on agriculture and allied sectors.
2. Agriculture and Allied Sectors Contribute 27% of State Income.
3. State faces massive deficit in food (40%), Oilseeds(70%) and vegetables (30%)
4. Net Sown Area (NSA) at 7.52 lac ha (2004-05) is 35% of the reported area as against National Average of 46%.
5. Only 42% area is under irrigation. Around 90% of available ground water is unutilized.
6. Over 70% of NSA is under food crops. A little over 13% is under fruits.
7. Productivity level of all agricultural crops is lower than national averages.
8. The main Kharif crops of the State are rice, maize, pulses, vegetables and fodder covering 78% of the NSA.
9. Over 65% of the population of more than one crore depend on agriculture and allied sectors.

Who needs separatists to rile up public when we have such stellar achievements to boast about and please people with ?

Given the history of the state and its strategic location GOI should have been building roads and other infra projects on a war footing I don't think common people would have objected to such projects instead we had the Gobermund play petty politics over Amaranth land allocation which resulted in a loss of crores to the state treasury and riled up the public even further.

jamwal · Post by **jamwal** » 27 Dec 2009 18:59

Apart from a little area in Jammu and valley, most of the state is mountainous and not suitable for farming. AFAIK, there is enough supply of water through canals almost everywhere else.

RayC · Post by **RayC** » 27 Dec 2009 19:39

In J&K, there is extensive terrace farming.

Muppalla · Post by **Muppalla** » 27 Dec 2009 19:53

jamwal wrote:Apart from a little area in Jammu and valley, most of the state is mountainous and not suitable for farming. AFAIK, there is enough supply of water through canals almost everywhere else.

Comparing the Agri productivity with rest of India is becoming joke these days without even looking into terrains. It is a simple fact that India is not one big agricultural field to produce in large scale uniformly across. How about the JK-whiners club put a comparison chart with Punjab or Haryana and start the whine-fest that Government did not do much.

jamwal · Post by **jamwal** » 27 Dec 2009 20:46

RayC wrote:In J&K, there is extensive terrace farming.

Irrigation is mostly though mountain streams and rainfall there.

ShauryaT · Post by **ShauryaT** » 27 Dec 2009 21:10

vera_k wrote:
For all of the posturing by the BJP, why did they not have Kalam rescind Article 370?

All these are "smart" ways to circumvent the procedure to amend the constitution. One can very well easily argue that the state legislature is the inheritor of the the state's constituent assembly and hence, any presidential proclamation has to go through the state legislature as required by article 370, as has been done 43 times.

The fact of the matter is article 370 will have to go thorough this constitutional amendment process. A process that requires a 2/3 majority and 50% of the state legislatures need to approve. As, Airavat posted, far from 2/3, the BJP led NDA did not have even a simple majority on the issue, in parliament.