POLICIES OF NARENDRA MODI: A TRUE EXAMPLE OF SECULARISM Legal Research And Analysis Blog %

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INTRODUCTION

On the series of past uncertain events causing communal disharmony our PM Modi made his way to clear the mindset of the community at large by setting an example of a true secular country having diversity of thoughts. We shall discuss the same in a detailed analysis keeping various events in mind.

PM Modi addressed to AMU on 100^th Year of Celebration: The Aligarh Muslim University (AMU) was celebrating 100 years of the University and PM Narendra Modi addressed the students and faculty via videoconferencing to mark the occasion. During the event, PM Narendra Modi released postal stamps as part of centenary celebrations of Aligarh Muslim University (AMU).This was the first time in over five decades that a prime minister attended an AMU event. PM Narendra Modi was the chief guest at the virtual centenary celebrations of AMU. Education Minister Ramesh Pokhriyal Nishank also joined the event via videoconferencing.

IMPORTANT UPDATES ON PM MODI’S ADDRESS TO AMU:

10.10 am: AMU spokesperson tweets: Join the AMU Centenary Year Program tomorrow 22 Dec 2020 at 10 am. Hon’ble Prime Minister Shri Narendra Modi will be the Chief Guest and Hon’ble Union Education Minister Shri Ramesh Pokhriyal Nishank will be the Guest of Honour.
10.22 am: Education minister Ramesh Pokhriyal Nishank will be addressing the AMU centenary celebration ahead of PM Modi’s address, which is scheduled at 11 am.
10:44 am: It’s a matter of pride that PM Modi will be virtually addressing students, teachers & administration of Aligarh Muslim University on its 100th anniversary today. Also, its a matter of shame for those, who never looked at AMU for 50 yrs: UP Minority Welfare Minister Mohsin Raza.
11:02 am: PM Narendra Modi attends centenary celebrations of Aligarh Muslim University via video conferencing. PM Narendra Modi will release a postal stamp during the event. AMU Chancellor Syedna Mufaddal Saifuddin and Union Education Minister Ramesh Pokhriyal Nishank are also present on the occasion.
11:13 am: PM Narendra Modi releases postal stamps via video conferencing as part of centenary celebrations of Aligarh Muslim University (AMU).
11:17 am: Addressing the AMU during the university’s centenary celebrations, PM Narendra Modi said, “It is unprecedented the way AMU helped the society during this crisis of coronavirus. Free tests for thousands, building isolation wards and plasma banks and contributing a large amount to the PM Care Fund shows AMU’s seriousness in fulfilling their obligations to the society.”
11:24 am: In the past 100 years, AMU has worked to strengthen India’s relations with many countries. The research done here on Urdu, Arabic, and Persian languages, research on Islamic literature gives new energy to India’s cultural relations with the entire Islamic world: PM Modi addressing Centenary celebration event of Aligarh Muslim University via video conferencing.
11:27 am: The history of education attached to AMU buildings is India’s valuable heritage. I often meet AMU alumni during my foreign visits, who very proudly say that they’ve studied from AMU: PM Modi
11:30 am: Addressing the centenary celebrations event of the AMU, PM Narendra Modi said, “AMU alumni represent the rich heritage and the culture of India wherever they go. In its 100 years of history, AMU has crafted and polished millions of lives, giving them modern and scientific thinking and inspiring them to do something for the society and the nation.”
11:32 am: PM Modi said the plans that the country is making, “they are reaching every part of India without any discrimination”. “India has opened bank accounts of over 40 crore poor people without any discrimination. Without discrimination, more than 2 crore people were provided pucca houses. More than 8 crore women received cooking gas,” he said.
11:35 am: The country is marching forward on the path where every citizen would get the benefits of development happening in the country without any discrimination. The country is on the path where every citizen should rest assured about their constitutional rights & their future: PM Modi
11:37 am: The country is on the path where no citizen would be left behind because of their religion & everyone would get equal opportunities so that everyone can fulfill their dreams. Sabka Sath, Sabka Vikas, Sabka Vishwas is the mantra behind it: PM Narendra Modi
11:41 am: Phenomenal how AMU helped society during COVID crisis, says PM Modi.
11:45 am: School dropout among Muslim girls now 30%: PM Modi

PM Modi said the school dropout rate among Muslim girls was more than 70 per cent and this situation persisted in India for 70 years. “In these circumstances, the government started Swachh Bharat Mission, built toilets in villages and toilets for school-going girls. Now this rate has fallen to nearly 30 per cent,” PM Narendra Modi said.

11:52 am: People tell me that the AMU campus is like a city in itself. We see a Mini India among different departments, dozens of hostels, thousands of teachers and professors. The diversity which we see here is not only the strength of this university but also of the entire nation: PM Modi

“We must not forget this power of diversity, nor let it get weakened. We should work together to ensure that spirit of ‘Ek Bharat, Shrestha Bharat’ grows stronger day by day in the campus of Aligarh Muslim University,” PM Modi said.

UNDERSTANDING THE MATTER OF KASHMIR IN RELATION TO AMU

Kashmir is a land of many scholars and prominent philosophers. It is the land of Ashoka. Many came to control it i.e. Mughals, Afghans, Sikhs and Dogras but it is writing its own history. Let us remove all the curtains in front of it and discuss what has happened with in decades. How it became a land of Diputes.

Origination of disputes among harmonious constructions of our societies in integrated motherland Bharat i.e. India:

Kashmir is one of the oldest places in the world. The name of Kashmir has been influenced by the name of Hindu guru Maharishi Kashyap Sagar. On that era, Kashyap rulers were ruling from the area of Caspian Sea to Kashmir. This region was known as ‘Hindu Kush region’ in ancient days. He was also presumed the first king of the Kashmir. The history of Kashmir is also found in a book of ‘Rajtrangini’. Later on, Ashoka in 3^rd century also propagated Buddhism in Kashmir. After that a new trend started in Kashmir where the combination of Hinduism and Buddhism was easly shown. Later on, when the era of muslim rulers started in Kashmir, the first Muslim king was ‘Rinchan’. After that many dynasties ruled in Kashmir: Mughals, Afghan, Sikh, Dogra etc.

After the decline of Mughal, Afghans attached on Kashmir and looted it badly, then the Sikh Hari Singh Nalwa with 3,000 warries attacked on Afghani Azim Khan. After that 15^th June 1819 Sikh era started in Kashmir. The turning point yet to came in India, when Britishers came in India the whole scenario has changed. Then Britishers snached Kashmir and later on Raja Gulab Singh purchased it from Britishers after Treaty of Lahore in 75 lakh rupees. After that Dogra dynasty has ruled till 1947.The last king of Kashmir was Raja Hari Singh.

Rise of Sheikh Abdulla:

In 1930, he created a party named Muslim conference. Later on he realizes that in Kashmir 25% population was non-Muslim and he want to move with all so he changed his party name from Muslim Conference to National Conference. He started moved against Raja Hari Singh to get autonomy. Raja Hari Singh stopped his revolt and arrested him. Sheikh Abdulla was a close friend of Jawaharlal Nehru. He demanded for the release of Sheikh Abdulla but unfortunately failed. Later on, he released.

Era of Independence and Partition:

When Governor General Lord Mountbatten was on the tour of Kashmir, he went to meet to Raja Hari Singh. He ignored him, Raja Hari Singh want a Kashmir as an independent state. Raja signed the Standstill Agreement with Pakistan and here in India Sadar Vallavbhai Patel wrote a lot of letters to Raja Hari Singh. In the time of partition, one of the prominent leaders Sheikh Abdulla (Grandfather of Umar Abdulla) was captured in prison from May, 1946 to Sept, 1947. This was nothing but the Raja Hari singh was clearing his path. He also rejected lot of notices of Mohammad Ali Jinnah. Raja Hari Singh didn`t know what he was doing, this was silence of before distruction. Mohammad Ali Jinnah stopped sending clothes, petrol, crops etc to landlocked Kashmir.

On 12 Sept, 1947 PM of Pakistan Liyaqat Ali Khan called a conference to attack on Kashmir. He influenced Pastuns to attack on Kashmir. On 22 Oct, 1947 Pakistan attacked on Kashmir with the leadership of Akbar Khan with full power of locals, militants, Pastuns etc. This attack breaked the sleep of Raja Hari Singh. Raja Hari Singh called India to help, here next day VP Menon came from the sight of India. Menon protected and shifted Raja to Srinagar to Jammu. No one was there to protect the capital. Finally, Raja Hari Singh signed the Instrument of accession which was accepted by cabinet and Kashmir was declared as a part of India. PM said that referendum takes place after maintaining law and order. N Gopal Swami was elected to watch on the matters of Kashmir. To secure Kashmir Jawahar Lal Nehru elected Sheikh Abdulla as an Emergency Administrator; this increased the anger of Jinnah.

Referendum :

Jawaharlal Nehru ordered to stop the soldiers where presently LOC was there. May be if Nehru didn`t stopped it then there was not a place called POK today. But realize the scenario there thousands of people died and thousand would died if war continued, these number also include the innocent citizens who was killed and their daughters and sisters were raped. Nehru called the Jinnah and other members for discussing about referenfum. Jinnah knows if Sheikh Abdulla was dominated in Kashmir then people was choose to India. Jinnah said that referendum was organized in the front of governor general India and Pakistan. No coporation taken place. Now, Nehru wrote a letter to Clement Attlee for help in referendum. Clement Attlee gave the advice to Nehru to talk to UN in this matter. Here on the rise of 1948, Jawaharlal Nehru went to UN and raise the topic. UN said that firstly, Pakistan was move back his soldiers from his place. Secondly, India will move back his soldiers, some soilders can left to maintain law and order. Thirdly Plawaside will take place.

Indian soldiers throughed back Pakistan soldiers from many areas, after that V.S. election taken place in 1951 in Sheikh Abdulla won the election of Kashmir and he became the first Prime Minster (Sadar-e-Riyasat) of Kashmir. As someone said “Power corrupts but absolute power corrupts absolutely”, Sheikh Abdulla came in over confidence and he developed the thought of creating Kashmir an independent state. This thought catched fire when the Adelia Stefen meet Sheikh Abdulla and said that if you want to be independent America would support you. This news reached to Dehli and Sheikh Abdulla again trapped in prison. After that Baskhi Gulam Mohammad became the Prime Minister of Kashmir. As we know time changes and now Kashmir people was started to shift towards Indian Democracy.

BEGINNING OF CONSTITUTIONAL ERA:

In 1950, our constitution came into force. Under which, Article 1 defines J&K as a state of India, Article 370 accords special status of J&K.

Jammu & Kashmir: It’s Constitution

When our Constitution is adopted, it came with the article 370 (Part 21) which granted a special status to Jammu and Kashmir. After that, Kashmir set up a constitutional assembly in August 1951 in which there was a seat of 100 members from which only 75 was present because other belongs to Pok. In this 75 members, 45 members was from Kashmir valley and Ladakh region, and 30 members was from Jammu region. They all 75 members created a constitution of Kashmir in 5 years. There first meeting of constitutional assembly was held in 31 October 1951 and 1^st session was held in 5^th of November 1951. After the period of 5 years, finally J&K adopted its constitution on 17 November 1956. 26 Jan 1957 was a red letter Day when it came into J&K. In the beginning of 1956, J&K adopts its own constitution and defines as an integral part of India. J&K constition have 13 Parts, 158 Articles and 7 Schedules (Now 6 schedules). J&K constitution gives permission to interfere central on three grounds , first The matter of Defence, second The matter of foreign affairs and last but not least, Tele – Communicaion. This begging of era coming with lot of news for Indian, in 1960 Supreme court and Election commission of India extends its jurisdiction over J&K.

Shimla Agreement

If we are taking about the history of Kashmir and if we don`t consider Shimla Agreement. How it is possible? Shimla agreement was signed between Indian PM Indira Gandhi and Pakistan PM Zulfikar Ali Bhutto after the India-Pak war 1971. After this agreement India left more than 91000 soldiers of Pakistan and released 5600 sq km land to Pakistan. After this agreement Indian forces compelled more than 91000 POW of Pakistans. But India enable to take back his 54 soliders from Pakistan till today (Present Day). Both country promised that we will decide the disputed topic like Kashmir with meeting, we will not take this matter to international level. But later on, Pakistan violated these rules. Pakistan picked up Kashmir dispute at international level. India and Pakistan signed Simla Agreement in 1972 which ratifies the ceasefine as a line of control.

Era of Emergency:

This era is also known as Black era in Indian Democracy. In this 22 months of emergency the whole democracy was captured in jail. On the speech of Indira Gandhi on 26 June 1975 this emergency begins and these major changes which would come during emergency would the picture of India for upcoming years. Prime Minister Indira Gandhi and Sheikh Abdulla sign Kashmir Accord reemphasizing Article 370, and J&K as an integral part of India. Gandhi says the “clock cannot be put back in this manner” to pre 1953 relations between the Indian Union and J&K, suggesting that s referendum is not possible. Sheikh Abdulla drops the demands for plebiscite and resumes power as chief Minister of J&K with support.

Division of Congress:

Congress-JKNC spilt; Congress withdraw support for Sheikh Abdullah`s government paves way for Central rule.

In 1977, Election held in J&K, Sheikh Abdulla re-elected. After the winning of Sheikh Abdulla large no. of roids and mob lynching started. In the period of 1977-1989 Kashmir was looking like a battleground. J&K sees a steady rise in militant outfits, several unstable government, arrests and killings of military youth.

Exodus of Kashmiri Hindus:

Kashmiri youth take to streets to protest against Indian administration and hundreds of them die in clashes with Indian troops. Central rule declared just as like JKLF gain strength. Kashmiri Pandits flee their home towns in Kashmir valley in the face of rising militancy. The central government imposes the Armed Forces Special Power Act, giving armed forces unprecedented powers to counter armed militancy. In 1990s, Militant insurgency on the rise, several separatists, including Yasin Malik, arrested. The government of India tries to hold talks with various leaders in J&K. All parities Hurriyat Conference, an alliance of 26 social and political movements, is established in 1993. A large number of civilians, armed personnel and militants die in incessant violent clashes.

Government of PV Narasimha Rao:

PM Narasimha Rao makes a statement in parliament assuring that Article 370 will not be abrogated. He reiterates that J&K is an integral part of India and that he wants president`s rule to end.

JKLF (Jammu Kashmir Liberation front):

In his paper “Movement in protest: A study of Jammu and Kashmir Liberation Front”, Farrukh Faheem, a Kashmiri scholar writes that Amanullah Khan and Maqbool Bhat formed JKLF as an “offshoot “of the J&K Plebiscite Front in Pakistan-occupied Kashmir in the mid- 1960s.While the party had negligible presence in Kashmir for more than a decade after that, it started to articulate a vision of an independent J&K in 1980s. That is when Malik began his journey as a young political activist, arrived on the scene. He was heading a Islamic students of league, a newly created youth movement, when the muslim United Front decided to contest a elections against the National Conference-Congress alliance.

The league announced its support to MUF. Young Malik campaigned for MUF candidate Mohammad Yusuf Khan. But the election were rigged and despite having won, Shah was declared to have lost and national conference-Congress alliance was declared the winner. Both Shah and Malik were jailed.

Once out of jail, Shah crossed the LoC and would later become United Jehad Council chief Syed Salah-ud-Din-Malik was among the first few youth to cross the border for arms training. On his return, he along with three others, Hamid Sheikh, Ashfaq Majeed Wani and Javed Ahmad Mir, formed the ‘core group’ – HAJY.

But it was on December 8, 1989 that JKLF came into the limelight when the outfit kidnapped Rubiya Sayeed, daughter of then Union home minister Mufti Muhammad Sayeed. She was released on December 13 in exchange for five militants. By then, Kashmiri youth were crossing the LoC in large numbers for arms training. The JKLF was their natural destination.

As the armed rebellion swept Kashmir, Malik was arrested in August 1990. The following years saw the outfit’s militants either getting killed or captured, and the group gradually yielded space to the Hizbul Mujahideen, which strongly advocated the merger of Kashmir with Pakistan.

After his release in May 1994, Malik declared a ceasefire and announced that he would pursue non-violent means for azadi. “On persuasion of US, UK and European envoys I took the most unpopular decision of unilateral ceasefire endangering my and lives of my colleagues… but despite all odds by Indian forces to push me back on the path of violence, I stood firm to my decision,” Malik wrote in an open letter to the US on July 1, 2017. “More than 600 of my colleagues were gunned down by Indian forces after this but no one from the international community intervened.” Malik’s call for peaceful struggle was, however, unacceptable to Khan, who removed him as the president of the JKLF. In return, Malik expelled Khan from the chairmanship.

In the letter, Malik talked about his meeting with then Prime Minister Manmohan Singh in February 2006. He also talked about his subsequent visits to the US and meetings with top White House officials, and later his parleys with then Pakistan prime minister, in his “efforts” to gather support for a Kashmir resolution.

In 2007, Malik travelled across the length and breadth of Kashmir as part of his campaign ‘Safar-i-Aazadi (Journey of Freedom)’ to emphasize the need to include the people of J&K in the dialogue process. “I and my colleagues propagated peaceful struggle through this historic signature campaign…which resulted in historic transformation in 2008 when people of J&K as a nation transformed its struggle from a violent to a non-violent outlook,” Malik wrote.

Married to Pakistani artist Mushaal Hussein Mullick, Malik has emerged as a key separatist leader in the Valley and has been at the centre of efforts for unity among Hurriyat leaders. Along with Syed Ali Shah Geelani and Mirwaiz, Malik is part of the grouping named Joint Resistance Leadership which has been issuing programmes since the 2016 uprising in Kashmir.

Old cases, fresh trouble

Soon after Malik was arrested, the Central Bureau of Investigation approached the J&K high court seeking to shift the trial in two cases – kidnapping of Rubaiya Sayeed and killing of four Indian Air Force (IAF) personnel in Srinagar – in which Malik and others are accused to Jammu.

The IAF case dates back to January 25, 1990, when militants gunned down Squadron Leader Ravi Khanna, Corporal D.B. Singh, Corporal Uday Shankar and Airman Azad Ahmad when over 40 IAF personnel were waiting for their morning bus at Rawalpora Chowk in Srinagar.

The Srinagar wing of the court had in April 2009 stayed the trial in a designated TADA court in Jammu in both cases, and directed that proceedings before the trial court shall remain in abeyance. In 1996, India banned JKLF.

Farooq Abdulla Period:

As time never stops for anyone, there was a change in time in Kashmir. In Sept, 1996 Assembly elections held in Kashmir and Farooq Abdulla forms a government. In Nov, 1996 Center appoints a committee to study the issue of autonomy to J&K. In 1997, national human rights commission sets up a J&K chapter to investigate human rights violation there.

Kargil War:

In June 1999, India and Pakistan go to war over Pakistan`s infiltration in Kargil. Till now it is looking like that the end of 19s comes with a lot of bad news. In Dec, 1999 Indian Airlines flight, IC-814, from Dehli to Kathmandu hijacked by militants. India releases three militants in exchange for the flight and the passengers on the board to be brought back safely to Delhi.

Era of Attack

In Oct 2001, the legislative assembly in Srinagar is attacked. Armed militants attack Indian Parliament in New Dehli. This year of 2001 has registered as an unsafe year of India. Parliament is the safest place for any country and here attack was happened. How this was started? In the morning of 13 Dec, 2001 all was running regular manner. After the parliament over on the discussion of topic Kargil scam. It was around 11:35 then suddenly firing started in Parliament. There were 5 militants who was firing and throwing a granets, and trying to enter in the building. They came in ambassador car with red siren. In the cross firing all was died. But this represents the loopholes of security. This attack has registered as lesson for India because if this attack became successful then anything can happen. Later on, Afzal Guru was also arrested for this attack and hanged on 2013 for conspiring against state.

Entry of BJP in Kashmir:

In March, 2015 The BJP forms a government in J&K with People`s Democratic Party for the first time. In April 2016, Mehbooba Mufti becomes chief minister after the death of Mufti Mohammad Sayeed, her father. In June, 2016 Burhan Wani, another young militant killed in shootout woth armed forces. J&K state erupts in massive protests, curfew imposed for several months.

URI Attack:

Armed militants attack Indian army base in Uri, J&K. The army retaliates with surgical strickes across LOC.

Amarnath Attack:

Thousands of residents of J&K take to the streets to commemorate Burhan Wani`s dealth. Militants attack piligrim on their way to the reversed Hindu Shrine of Amarnath (Hindu Pilgrim).

In 12 July, 2017 militants attacked on the bus of the passengers who was going to Srinagar to Jammu.The bus driver Salim came as hero in the picture he ran the bus without taking care of anyone and saved the life of many lifes. His name was also nominated for Geeta Award.

Era of Distubance:

In June 2018, BJP government pulls out of alliance with PDP. In Nov, 2018 Governor Satya Pal Malik dissolves constituent assembly. In Dec, 2018 Center rule declared on the state. In May 2019, BJP returns to power for the second term. It came with promise to abolish Article 370. In July 2019, US President Donald Trump offers to mediate the Kashmir issue between India and Pakistan. But both countries denied there envolment.

ABOLISHMENT OF ARTICLE 370:

Prominent Kashmiri leaders, including former chief minister Omar Abdulla and Mehbooba Mufti, placed under house arrest. Internet and mobile services curtailed and section 144, which prevents a gathering of more than four people in public spaces, imposed. Home minister Amit Shah proposes a presidential order to repeal Article 370 and 35A. J&K to be bifurcated as two union territories of Ladakh (centrally administered) and J&K (with its legislative assembly). Opposition parties protest in parliament; complete shutdown in Kashmir valley.

Why article 370 was eminent to Scrapp:

Since the constituent assembly was not in power and BJP gets it opportunity to impose presidential laws so that presidential ordinance (article 123) could be revoked and constituent assembly of J&K would be suspended. There place BJP fair move just to Scrapp article 370 and 35A for the following good benefits:

Whether it’s about education Kashmiries to get admission in all across the county

The problem with Kashmiries that they are being discriminated, tonted and the allegations of terrorism.
Indian democratic framework or structure seeise everyone equal in eye of law.
Just to protect each and every citizen of our country whether it is belong from Kashmir or any region of our sovereign country.

J&K and Ladakh becomes separate UTs :

India will now have 1 state less and 2 UTs as presidential proclamation of Aug 9 the bifurcation of J&K into 2 territories comes into effect.
The total number of states in the country will now be 28, while the total UTs will go up to nine.
The UT of Jammu and Kashmir will have a legislature like Pondicherry while Ladakh will be a UT without legislature like Chandigarh. Both UTs will be headed by lieutenant governors (LG), under the Jammu and Kashmir Reorganisation Act, 2019.
The UTs of Jammu and Kashmir and Ladakh will be headed by lieutenant governors G C Murmu and R K Mathur, respectively.
Murmu is a former bureaucrat from PM Narendra Modi’s home state of Gujarat.
The swearing-in ceremony will be first held in Leh where Mathur would be administered oath of office. Murmu will take oath in Srinagar.
The two LGs will be sworn-in by Chief Justice of the Jammu and Kashmir High Court Gita Mittal
The Constitution of Jammu and Kashmir and the Ranbir Penal Code will cease to exist from Thursday.
The Centre will be in direct control of the police and law and order in Jammu and Kashmir from Thursday when it becomes a UT. Land will be under the purview of the elected government there.
The new UTs come into existence on National Unity Day to mark the birth anniversary of Sardar Vallabhbhai Patel who was India’s first home minister and a freedom fighter.

Advantages and disadvantages of repealing Article 370 and Article 35A

Attempts to unite Kashmir with other states of India.
Propagates one nation one constitution slogan.
Open doors for growth and development in the valley
Private investors can invest and boost the economy of the state.
Better medical and education facilities can be provided to the residents of the Valley
Central government can curb corruption since it is a UT now.
Authorities are in a better position to curb terrorism and instill peace in the Valley.

SOME IMPORTANT INITIATIVES LAUNCHED BY MODI GOVERNMENT:

Ø PM-KISAN (Pradhan Mantri Kisan Samman Nidhi) Scheme

Main purpose: This scheme promises to pay all poor farmers (small and marginal farmers having lands up to 2 hectares) Rs 6,000 each every year in 3 installments through Direct Bank Transfer. It would reportedly benefit around 14.5 crore farmers all over India.

Ø Pradhan Mantri Kisan Pension Yojana:

Main purpose: To address the problems of farm sector distress, the Modi 2.0 Cabinet has approved a proposal to provide small and marginal farmers with a minimum Rs 3,000 per month fixed pension, costing Rs 10,774.5 crore per annum to the exchequer.

The eligible farmers in the 18-40 years age group can participate in this voluntary and contributory pension scheme.

Once the beneficiary of the pension dies, the spouse will be entitled to receive 50% of the original beneficiary’s pension amount.

Ø Mega Pension Scheme

Main purpose: A Mega Pension Scheme has been approved for the traders, shopkeepers, and self employed persons (whose GST turnover is less than Rs 1.5 crore).

The scheme guarantees a minimum assured pension of Rs 3,000 per month for around 3 crore small traders, self employed persons, and shopkeepers, once they attain 60 years of age.

Ø New Jal Shakti Ministry

Main purpose: It aims at providing piped water connection to every Indian household by the year 2024. Reports say that the ministry will now be able to formulate plans to address the issue of water management.

Ø Jan Dhan Yojana

Main purpose: Pradhan Mantri Jan Dhan Yojana is a National Mission on Financial Inclusion which has an integrated approach to bring about comprehensive financial inclusion and provide banking services to all households in the country. The scheme ensures access to a range of financial services like availability of basic savings bank account, access to need based credit, remittances facility, insurance and pension.

Ø Skill India Mission

Main purpose: The Mission has been developed to create convergence across sectors and States in terms of skill training activities. Further, to achieve the vision of ‘Skilled India’, the National Skill Development Mission would not only consolidate and coordinate skilling efforts, but also expedite decision making across sectors to achieve skilling at scale with speed and standards.

Ø Make in India

Main purpose: PM Narendra Modi launched the ‘Make in India’ campaign to facilitate investment, foster innovation, enhance skill development, protect intellectual property & build best in class manufacturing infrastructure.

‘Make in India’ has identified 25 sectors in manufacturing, infrastructure and service activities and detailed information is being shared through interactive web-portal and professionally developed brochures. FDI has been opened up in Defence Production, Construction and Railway infrastructure in a big way.

Ø Swachh Bharat Mission

Main purpose: On 2nd October 2014, Swachh Bharat Mission was launched throughout length and breadth of the country as a national movement. The campaign aims to achieve the vision of a ‘Clean India’ by 2nd October 2019.

The Swachh Bharat Abhiyan is the most significant cleanliness campaign by the Government of India.

Ø Sansad Adarsh Gram Yojana

Main purpose: It is a rural development programme broadly focusing upon the development in the villages which includes social development, cultural development and spread motivation among the people on social mobilization of the village community.

Ø Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM)

Main purpose: It is a voluntary and contributory pension scheme, under which the subscriber would receive the following benefits:

Minimum Assured Pension: Each subscriber under the PM-SYM, shall receive minimum assured pension of Rs 3000/- per month after attaining the age of 60 years.
- Family Pension: During the receipt of pension, if the subscriber dies, the spouse of the beneficiary shall be entitled to receive 50% of the pension received by the beneficiary as family pension. Family pension is applicable only to spouse.
- If a beneficiary has given regular contribution and died due to any cause (before age of 60 years), his/her spouse will be entitled to join and continue the scheme subsequently by payment of regular contribution or exit the scheme as per provisions of exit and withdrawal.

Ø Beti Bachao Beti Padhao

Main purpose: The goal of this scheme is to make girls socially and financially self-reliant through education.

Ø Hridaya Plan

Main purpose: To take care of world heritage sites and to make these sites economically viable.

Ø PM Mudra Yojna

Main purpose: Pradhan Mantri MUDRA Yojana (PMMY) is a scheme launched by the Hon’ble Prime Minister on April 8, 2015 for providing loans up to 10 lakh to the non-corporate, non-farm small/micro enterprises.

To create an inclusive, sustainable and value based entrepreneurial culture, in collaboration with our partner institutions in achieving economic success and financial security.

Ø Ujala Yojna

Main purpose: State run Energy Efficiency Services Ltd (EESL) has distributed over 30 crore light emitting diode (LED) bulbs across country under zero-subsidy Unnat Jyoti by Affordable LEDs for All (UJALA) scheme.

PERTINENT QUESTIONS RAISED

How Modi Governmet did Resolved this issue?

Scrapping Article 370 of the Indian Constitution was an election promise of the Bharatiya Janata Party. The Article grants special status to Jammu and Kashmir, which basically meant laws enacted by Parliament could not be enforced in the state without the approval of its government.

Two months after its poll victory, the BJP government moved two resolutions in Parliament on Monday, neither of which scrap Article 370 and yet effectively end the state’s special status. It did so without having to pass a Constitutional Amendment, which would have otherwise required a two-thirds majority in both Houses. Instead, a simple majority sufficed.

How exactly did the Modi Government pull this off?

The answer is actually something that happened outside of the Parliament and not within it. Before Home Minister Amit Shah even tabled the resolution to hollow out Article 370, a Presidential Order was issued to amend Article 367 of the Indian Constitution.

How was this amended through an order and not an act of Parliament? We will get to that later. First it is important to understand Article 367.

Article 367 is meant to act as a guide, it helps the interpretation of certain laws. If you are able to alter Article 367, in some case you can change other provisions without having to do so directly, because you simply change their interpretation.

It is to this Article that the Presidential Order adds a new clause to help interpret provisions applicable to the state of Jammu and Kashmir. This clause alters the interpretation of Article 370, switching out the words “constituent assembly” with “legislative assembly” in the proviso to clause 3 of Article 370.

Why does this matter?

Clause 3 of Article 370 made it clear that if the President wishes to change anything within Article 370, he needs the recommendation of Jammu and Kashmir’s Constituent assembly. But the J&K constituent assembly was dissolved in 1957, so it could not possibly give a recommendation.

Monday’s Presidential Order changes that language to make it the legislative assembly, rather than the constituent assembly. Still, the clause mandates that the President get the approval of the legislative assembly – but Jammu and Kashmir doesn’t have one right now, since it was dissolved in 2018 and replaced with first Governor’s Rule and later, President’s Rule. So

How did the government get around that?

When a state is under President’s rule, the power to make laws for the state is vested in the Indian Parliament. Jammu and Kashmir is currently under President’s rule. So effectively, the government’s move allows Parliament to act on behalf of the Jammu and Kashmir assembly to change the character of the state. This, however, raises several questions on the effect of such amendments on federalism.

AMMENDMENT OF THE CONSTITUTION

Now we come back to the question at the start:

Can the Indian Constitution, for the purposes of being applied to Jammu and Kashmir, be modified by the President by using a Presidential Order? Would it not require a Constitutional Amendment Bill with two-thirds voting in its favour in Parliament?

This question has been answered by the Supreme Court in 1961 in its Judgement in Puranlal Lakhanpal vs The President Of India And Others . The court said the term “modification” as it appears in Article 370 (1) gives the President powers to effect substantial modification to the provisions of the Indian Constitution that apply to Jammu and Kashmir.

This quirk of Indian law means that the Constitution can actually be changed without having to pass a Constitutional Amendment, as long as it only deals with Jammu and Kashmir. The changes introduced on Monday apply to Jammu and Kashmir alone and not to other parts of the country as such a Presidential order is in effect an inclusion to Jammu and Kashmir Constitution. The state is governed by its own Constitution to which provisions of the Indian Constitution are applied from time to time.

One final question may arise.

If the Constitution, as it applies to Jammu and Kashmir, can be changed without a Constitutional Amendment Bill in Parliament, why not just use that method to change Article 370?

This is because the one exception to this Constitutional quirk is that it cannot be used to change Article 370 directly, only other provisions. Or in other words, the government used powers under Article 370 to alter Article 367 which then, in effect, allowed it to hollow out Article 370.