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1) Speech on Article 370
Good Morning to Everyone! Welcome today the ceremony.
Article 370 of the Constitution of India is one of the most disputed and controversial provisions of the Constitution. The various stakeholders of this provision do not argue about Article 370 about its pros and cons but on sentiments. Forget about repealing or strengthening Article 370, even demanding a discussion on Article 370 to shake the horn of a horn.
Article 370
Under Part XXI of the Constitution of India, which deals with “temporary, transitional and special provisions, Article 370 gives special status to the State of Jammu and Kashmir (J&K). Under Article 370, all the provisions of the Constitution which apply Other states do not apply to Jammu and Kashmir unless such a provision is passed separately by the State Legislative Assembly.
According to this article, except defense, foreign affairs, finance and communications, Parliament needs the consent of the state government to implement all other laws. Thus the residents of the state live under a different set of laws, relating to citizenship, property ownership and fundamental rights as compared to other Indians. As a result of this provision, Indian citizens of other states cannot buy land or property in Jammu and Kashmir.
Arguments for article 370
The highest degree of support for Article 370 comes from the state of Jammu and Kashmir itself. With insurgency strengthening its roots, and anti-India sentiments are also not a rare occurrence in the Valley, any threat to Article 370 will surely create a law and order crisis in the Valley. In fact, former Jammu and Kashmir Chief Minister Omar Abdullah tweeted in March 2015, “Mark my words and save this tweet – as long as Modigovt is a distant memory, Jammu and Kashmir will not be a part of India or art.” 370 will still exist. ”
However, even in Jammu and Kashmir, it will not be an easy task to remove Article 370, rejecting the people’s opposition and considering only legal grounds. At present, apart from Article 370, the only other legal proof that permits the accession of Jammu and Kashmir to India is the instrument of accession signed between the Government of India and the then ruler of Jammu and Kashmir Maharaja Hari Singh. The problem with the Access of Instrument is the inclusion of a provision for referendum, which has the potential to undermine the case of Kashmir in India. Therefore referendum is not required as long as there is Article 370.
When the Kashmir issue was referred to the United Nations (UN), the UN asked Pakistan to vacate Authorized Kashmir (POK) and a referendum was recommended across Kashmir. However, neither Pakistan vacated nor India held a referendum.
Arguments against Article 370
Apart from the ruling Bharatiya Janata Party (BJP), almost all right-wing organizations want to abolish Article 370, arguing that the article has become the most important road block to make Jammu and Kashmir an integral part of India. Any law passed by Parliament does not apply to the State until it is passed by the State Legislative Assembly. For example, Acts like Right to Information (RTI), Right to Education (RTE), schemes like MNREGA are not an automatic extension for Jammu and Kashmir. Non-residents of the state cannot buy a property in the state. All these factors have widened the gap between the Indian Union and the state of Jammu and Kashmir.
Many scholars argue instead of benefiting the state, Article 370 has only harmed the state and also hinders the progress of the state. Although Section 370 was only considered as a ‘temporary, transitional and special’ provision, as time passes, the removal of Article 370 will become more difficult like the provision of reservation in jobs which will only be for 10 years. There was also a temporary provision. Start of constitution.
And last but not least; We argue that in the absence of Article 370, only the Instrument of Accession would be evidence of J&K being part of India. But our western neighbor Pakistan has neither any means of access nor Article 370, but it still claims Jammu and Kashmir. Therefore, in any case, India’s case will always be stronger than Pakistan.
The conclusion
Article 370 is an internal system that states how the relations between India and Jammu and Kashmir will be governed. Even in international relations, power accumulation is the most important way to substantiate your claim on a region. Our neighboring China also occupied some area of J&K without any means of constitution or any article of constitution.
Speech on Article 370 – 2
Good morning to all the people present here. I am Geeta Dubey of class 12th, to talk to you here and share my thoughts on Section 335. Article 3ey of the Indian Constitution gave the state of Jammu and Kashmir a special status. Jammu and Kashmir was allowed to make its own constitution and promulgated the Constitution of India applicable to the state. The Article also gave the local leadership of Jammu and Kashmir superiority over the Center to rule the state at will. It also gave the government of Jammu and Kashmir the power to decide citizenship and its rights.
Article 370 was established in 1949 as a temporary, transitional and special provision in the Constitution of India. You all must have received this news, however, it is my duty to remind you all that Article 370 has been abolished by the BJP-led NDA coalition at the Center. This was made possible by passing a presidential order, repealing Article 370 from Jammu and Kashmir. It is mentioned in section 3, article 370 that the President of the Union of India has the right to make necessary changes in the article or to abolish it immediately. Overall this is a good move by the Government of India and I have arguments to support my opinion.
Till now, Jammu and Kashmir had its own constitution and flag, moreover, no insult to the Indian national flag was in accordance with the law. But now with Section 370, no one will dare to burn or tarnish the tricolor in any way. The article also gives dual citizenship to the residents of Jammu and Kashmir, who is every resident of Jammu and Kashmir and was also a resident of India; On the other hand, residents of other parts of India were not considered as residents of Jammu and Kashmir. This divisive law of citizenship has now expired.
Some sections of the article were also gender discriminatory. For example, if a permanent man from Jammu and Kashmir marries a woman from another part of India, his rights over the land did not change and both husband and wife were natural owners of the land. In contrast, if a woman resident of Jammu and Kashmir marries an outsider, she loses all her property rights, which ever happens in the state. This biased law has now expired. Indian citizens were not allowed to buy property in Jammu and Kashmir, a law that made the establishment of small businesses difficult and hindered the overall economic development of the state.
But, now the state is open to small and big business houses for investment in education, healthcare, tourism, infrastructure etc., eventually generating employment and boosting the economy. The cancellation is also expected to improve India’s preparedness against terrorism and cross-border violations. It, like other parts of India, gives free hand to the Government of India on important issues of state concern. The move has also been supported by Indian citizens and all party leaders; However, some leaders seem to be different.
Those condemning the act as unconstitutional and offensive include – Farooq Abdullah, the head of the Jammu and Kashmir National Conference and Mehbooba Mufti, a member of the Peoples Democratic Party (PDP). Apart from facing opposition from some political classes and extremist groups, the move has garnered tremendous support from the people of India, and on a larger scale. Neighboring Pakistan, (which until now had been abusing the special status of Jammu and Kashmir for its own self-interest to support infiltration and terrorism in India) is the only country to voice some protests.
The Government of Pakistan is considering raising the issue with the international community at the United Nations. With no response from the international community on the abolition of Section 370, its main reason is that it does not violate any international treaty, leaving Pakistan with little hope of having a desirable outcome. While the decision to abolish Section 3 was perhaps a difficult one, it was only possible by an unwavering political will and impeccable action plan.
We hope that the action will bring peace to the valley which has been suffering from terrorism and extremism for a long time. We hope that in J&K, new educational institutions, professional institutions, hospitals, hotels, restaurants, factories, etc. will remain open, which will bring the state on the track of development and prosperity and revive its economy. Thanks !!
Speech on Article 370 – 3
Good morning to Everyone! Nice to see you all! I am Videyut from class XII, to give a speech here on one of the most discussed topics in India, today – Article 370. For those who do not know about Article 370 and its origin, I am happy to remind that Article was specifically contained in the Constitution of India for the State of Jammu and Kashmir. However, there was an exception, while all parts of the Constitution were equally applicable to all the states and union territories of India; Article 370 gave the state of Jammu and Kashmir a form of immunity or special status.
That is, the legislative powers of the Center over the state of Jammu and Kashmir were limited only on important matters of foreign affairs, defense, communication etc. It duly granted the powers of the Jammu and Kashmir Legislative Assembly to rule the state. However, you all may be aware that Article 370 has been made effective from 5 August 2019 by order of the President. Clause (3) of Article 370 empowers the President of India to amend and change the scope of the Article. This section was used by the present NDA-led government at the Center for the abolition of Article 370. Apart from repealing Article 370, the government also successfully passed a bill for the reorganization of Jammu and Kashmir and Ladakh in both houses of Parliament.
Now, J&K is a union territory with a legislative assembly and Ladakh will also be a union territory without a legislative assembly. The abolition of Article 370 has, in the long run, significant political, economic and social consequences on the state of Jammu and Kashmir and its people. The state which has been undergoing terrorism and cross-border insurgency since independence is now expected to get a new lease of life with full legislative power of the government. The development of the state will be benefited by a large scale decision and the youth will have to be brought into a new area of development and prosperity. In my opinion, the abolition of the Article would lead to new business ventures in the state, and to promote new start ups.
In the coming years, sectors like education, healthcare, tourism and hospitality are set to grow at a tremendous pace, generate employment and the economy will improve. All this is a good action taken by the government in a good spirit for the benefit of the people of Jammu and Kashmir. The move also received huge support from the Indian public and political parties. Almost all political parties in India, big or small, supported the move; However, there were some exceptions. The opinion of the senior Congress leadership, however, is divided on the issue. The removal of Article 370 from Jammu and Kashmir did not generate much backlash from the international community, as no international treaty of commitment was violated.
However, Pakistan is crying foul and considers the move unilateral, biased and unconstitutional. The current Prime Minister of Pakistan has also hinted at taking the matter to the United Nations; However, there is also little hope, as there is no international violation by India. With this, I would like to end my speech on Section 370 and hope that the people of Jammu and Kashmir and Ladakh will soon be on the path of growth and development, as the rest of the country is. Thanks !!
Speech on Article 370 – 4
Good morning to Everyone! Nice to see you all! I am Videyut from class XII, to give a speech here on one of the most discussed topics in India, today – Article 370.
There is a lot of noise on the central government’s view on the issue of Article 370 This seems very clear when the article has to deal only with a Muslim-majority state and the government is considered a right-wing right-wing party. The newly elected government is in its first month and has already sparked controversy. The issue of violation of Section 370 has created a crisis in the Valley as well as in the political scenario. Amidst all this, controversial statements by newly appointed ministers have triggered a series of confrontations between veteran leaders. Not only this, the issue of Section 370 has questioned the intent of the governments and the timing of the dispute.
Article 370 begins by stating that it is a temporary provision introduced to preserve the idea of integrating J&K like other states of the Union, but this can only happen when the people of the state make it accept. It was introduced because Kashmir of the 1940s, unlike other princely states, was a state of asymmetry as the tribes of Pakistan raided and captured a part of it. Section 3-0 is the result of an undesirable scenario that envisages empowerment and protection for the people of the state. The significance of this article is that Kashmir being the only Muslim majority state refused to merge with Pakistan. With the 2002 decision, the problem of gender bias was also eliminated for both genders.
However Section 3B cannot be endorsed. A deeper and more practical glance explains a completely different approach. Various other states are given special status, but Kashmir enjoys more autonomy than any other state and people are made by separatists to believe that the people of the state are not an integral part of India. Apart from this, Jammu and Kashmir is not only related to Kashmiris but also to Shias and Buddhists of Ladakh.
Article 370 implemented is not the same today. 5 decades have deleted the essence of the provisions of Article 370. Presidential orders made most of the Union rules applicable to the state. Even the 2002 landmark judgment regarding the property rights of women marrying non-permanent residents of Kashmir has not been well implemented and still remains a matter of debate. Today practically all jurisdictions apply to the state. In the present era, Section 3 era was vested only by the drafting committee. This somewhere reflects the importance of the fact that the dissatisfaction and degradation of Article 370 may be due to adulteration in its policy. The inappropriate channel between the state and the union is also furthering the beliefs of separatists in the valley.
The issue of repeal of Section 370 is possible unilaterally but the involvement of the United Nations has made it an international issue and enemies will not get a chance to create a social upheaval in the country. With J&K being the only muslim majority state, the repeal of Article 370 could be given the face of communalism and another blot on the Modi-led government after 2002. The government should invoke an open live debate through proper channels and make the country aware of its purpose. With the provision to reestablish Article 370 which would be good for both the nation and the state, the most foolproof strategy may be to avoid any chaos. Thus, the government has to not only maintain the pluralistic culture of the country, but also ensure that none of its decisions prove to be an abuse of history. To maintain the beauty of the valley intact, the approach must adapt to anti-confrontation and cooperation. Even the government will not take a hasty decision and will not uphold the slogans of Jhumritilash, Kashmiri and humanitarianism.