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Abrogate Article 370 at the earliest

This petition had 85 supporters

To Shri Narendra Modi,
PM of India

Road to Development of J & K lies in abrogation of Article 370

Article 370 was bought into Part XXI (Temporary, Transitional and Special Provisions) of the Constitution on January 26,1950 but it mocks the concept of "One India from Kashmir to Kanyakumari". The Article, which was meant to be temporary, grants a special status to Jammu & Kashmir (J&K) and was included in the Constitution at the behest of Jawaharlal Nehru. Consider some of the salient features:-

1. Laws made by the Indian Parliament are not applicable in J&K unless ratified by the state government. Doesn't this undermine the authority of the Indian government?

2. J&K has its own constitution, flag and dual citizenship for residents. Even the fundamental rights of the J&K resident are different from that of other Indian citizens.

3. The President of India has no power to suspend the J&K state government even in case of an emergency.

4. Most central laws like Right to Education (RTE), Right to Information (RTI), provisions related to CAG audit, fiscal laws like Finance Act 1994 (related to service tax), wealth tax and so on are not applicable to J&K.

5. No outsider can own property in J&K but Kashmiris can buy property anywhere in the country.

6. If a Kashmiri woman marries an outsider then she loses her citizenship but it doesn't apply if a man marries an outsider. Isn't this a gross violation of women's rights? This provision of the Constitution has created a wave of separatism and failed to achieve its objective.

7.If a Kashmiri woman married a Pakistani he becomes a citizen of Kashmir but if she married an Indian , she has to forgo her kashmiri status.

The technical requirement of a recommendation by the Constituent Assembly of Jammu & Kashmir before issuing the notification no longer applies since the constituent assembly no longer exists.

The Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only with the concurrence of the State's constituent assembly. This was a "temporary provision" in that its applicability was intended to last till the formulation and adoption of the State's constitution. However, the State's constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370. Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in October 2015.

The Nation First Collective, in this context, is of the view that such provision alienate the people of J& K from the mainstream and the problems of inter state co existence continues to remain for ever. We call upon you to abrogate the Article 370 once for all by following all legal options so that the essence of Kashmir to Kanyakumari remain in the minds of people. Abrogation of the article will make the state on par with other states and it's development will become easy as there will be no restrictions.

Nation First Collective (NFC) also feel that Kashmiri Pandit should return to Kashmir to have demographic balance. Thanks and Regards Members of NFC

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