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Nehru in cahoots with his HALF BROTHER Sheikh Abdullah conspired against the HINDU refugees from West Pakistan, and then further hatched a conspiracy against all Indian citizens, in order to pander to communalists in Kashmir, by subverting Articles 16 and 19 of the Indian Constitution which deal with the rights of Indian citizens, including fundamental rights.

Article 19, for example, says that “All citizens shall have the right (a) to freedom of speech and expression, (b) to assemble peacefully and without arms, (c) to form associations or unions, (d) to move freely throughout the territory of India, (e) to reside and settle in any part of the territory of India; (f) to acquire, hold and dispose of property; and (g) to practice any profession, or to carry on any occupation, trade or business”.

It follows that what is needed is not just the abrogation of Article 370 but also the revocation of Article 35A. This is the only course left to enable the refugees from West Pakistan and other Indians to exercise citizenship rights in Jammu & Kashmir and integrate it fully into India.

In October 2015, the High Court of Jammu and Kashmir has ruled that the Article 370 cannot be "abrogated, repealed or even amended."

It explained that the clause (3) of the Article conferred power to the State's Constituent Assembly to recommend to the President on the matter of the repeal of the Article.

Since the Constituent Assembly did not make such a recommendation before its dissolution in 1957, the Article 370 has taken on the features of a "permanent provision" despite being titled a temporary provision in the Constitution.

BALLS !

WHAT IS DONE BY DECEIT IS " NULL AND VOID "..

Article 35A came into existence by a Presidential Order passed by Dr. Rajandra Prasad ( Rothschild sponsored FAKE Kayastha ) on the advice of Nehru’s cabinet in 1954...

President of India has sole legislative power under article 123 power to make ordinance when either house of the Parliament is not in session.

- This legislative powers of the President has an EXPIRY SHELL PERIOD OF MERE SIX MONTHS....

The Constitution can be amended only by the Parliament as per procedure clearly laid out in Article 368. but Article 35A was never presented before the Parliament of India…

This effectively means, in this case, the President bypassed the amending procedure as laid out in the Constitution of India in order to add the new Article 35A…

This also means that Article 368 of the Constitution, in its application to Jammu and Kashmir, also got amended!..

The President of India does not have legislative power, but here in this case he performed the function of Parliament!..

Article 35A appears in the Constitution as an appendix…How can an Article, which has been implemented on the ground as if it’s a part of the Constitution, be missing from the text of the Constitution ?

Article 35A was an amendment in our Constitution via the back door (Presidential order), without the involvement of India’s Parliament…

Article 35A is an example of the abuse of Article 370. Article 35A is a violation of the basic structure of our Constitution. Article 35A spawned a set of laws that were discriminatory in nature. ..

It curbs certain basic rights enshrined in the very Preamble of the Constitution. A Kashmiri woman marrying a non-permanent resident or outsider loses all succession rights, while a Kashmiri man does not.

As a result of the implementation of Article 35A,.lakhs of Indian HINDU citizens have been deprived of “ JUSTICE, social, economic and political ” and “ EQUALITY of status and of opportunity ”...

In the laws under Article 370 read with Article 35A even the President of India may be denied a place or land for official purpose. This is a breach of trust…

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Democratic India cannot allow any section of its population to be treated as second-rate citizens in any part of the country.

Article 368 is the only way to amend the Constitution,.. Not the President.

The marginal note of Article 368 states; “ Power of the Parliament to amend the Constitution and procedure, therefore ”.. Which means it is the Parliament that has the power to amend the Constitution.

Sub-clause 2 of the Article 368 states that: --
“ An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by majority of not less than two-third of the members of that House present and voting, [it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of Bill..."

The President of India does NOT have the sole UNBRIDLED power to amend the constitution through the bypass of the entire Constitutional mechanism nor does Article 370 give power to the President to insert any Article in any Part of the Constitution....

The parliamentary route of lawmaking was bypassed when the President incorporated Article 35A into the Constitution. Article 368 (i) of the Constitution empowers only Parliament to amend the Constitution. The President acted outside his jurisdiction.. Article 35A is void because the Nehru government did not place it before Parliament for discussion..

Article 370 grants special status to Jammu and Kashmir, while Article 35A empowers the state legislature to define permanent citizens.

Article 370 and Article 35A of the Indian Constitution are an "unnecessary baggage" of the past and hence these laws be repealed..

Restricting citizens from other States from getting employment or buying property within Jammu and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution…

Article 370 (along with Article 35A) is an anachronistic decree that has outlived its utility, militates against India’s sovereignty, and discriminates against both Indians and Kashmiris by mutually excluding each other from syncretic growth. It is redundant, and constitutionally discarded into the dustbin of history.

THE TERM " SUBJUDIDE " DOES NOT APPLY TO INDIA.. AS WE DON’T HAVE A JURY SYSTEM..

http://ajitvadakayil.blogspot.in/2013/11/altamas-kabir-worst-chief-justice-of.html

WE DON’T WANT THIS LOOPHOLE TO BE USED BY IDIOTS…

Capt ajit vadakayil
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