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Jammu and Kashmir occupy a unique position in modern Indian history and politics. The disagreement between India and Pakistan over Jammu and Kashmir extends back to the early years of Indian independence, as is widely known. Jammu and Kashmir was the only princely state with a Hindu king and a Muslim majority population. It was the only one of the three princely kingdoms that had not decided whether to join the Dominion of India or Pakistan by August 15, 1947. In October 1947, however, a group of Pakistani tribesmen attacked the state, compelling Maharaja Hari Singh, the ruler of Jammu and Kashmir at the time, to sign the Instrument of Accession.
People’s Rage Against Article 370
Since July 2016, there has been increased protests and violence in Indian-administered Kashmir. The assassination of Burhan Wani, the head of the militant organisation Hizbul Mujahidin, by security forces earlier that month was the catalyst. The ‘Line of Control,’ as the boundary between Indian-administered Kashmir and Pakistan-administered Kashmir is known, has seen multiple conflicts between Indian and Pakistani armed forces. Armed organisations have continued to infiltrate Indian-administered Kashmir from Pakistan-administered Kashmir. More than 40 Indian troops were killed in an ambush in Pulwama in February 2019.
Article 370 sparked a slew of opposing viewpoints. On the one hand, the Article was transient and, therefore, no longer legal and necessary. Yet, on the other hand, there was continuing justification for the Government of India’s frequent use of Article 370. In the Sampat case, the Supreme Court explained this clause using the example of Article 21. According to the Court, the right to life, as defined by Article 21 of the Constitution, entails the right to live in dignity. This article also includes the right to privacy. Similarly, the term “temporary” in the title of Part XXI was ruled not to indicate “temporary”.
Jammu and Kashmir’s constitution was adopted on November 17, 1956, and went into force on January 26, 1957. It was the country’s only state with its constitution and individual standing compared to the other Indian states. However, Article 370 and its provisions remained to control the state and the central relationship during the interregnum. It should also be highlighted that Article 370 does not create the Constituent Assembly of J&K. Instead, it acknowledges the importance of the Constituent Assembly as a representation of the desire of the people of Kashmir and its unique position.
Revocation of Article 370 and its consequences
In 1949, India’s Constitution was amended to include Article 370. It gives Jammu and Kashmir its constitution, flag, and complete autonomy in all areas except foreign affairs, defence, and communications. In recent decades, this autonomy has been substantially reduced in practice.
The Bharatiya Janata Party, led by Prime Minister Narendra Modi, vowed to repeal Article 370 during recent national elections, which was easily won. Except for one phrase to which the government has no objection, this was done by Presidential Decree on the 5th of August.
The Jammu and Kashmir Reorganisation Act, 2019, Is Constitutionally Valid
The Jammu and Kashmir Reorganisation Act, 2019 (“the Reorganisation Act”) is unique. It is the first time a state has been divided into two independent Union territories since the establishment of Union territories in place of Part C States in 1956. This section will look at the Reorganisation Act’s legality from two perspectives.
Bifurcating a State Under President’s Rule
Article 3, as applied to the State of Jammu and Kashmir (before the issue of C.O. 272), needed the “permission” of the State’s Legislature for any change in the State’s area, name, or boundaries, in contrast to the necessity of ascertaining opinions vis-à-vis all other States. This would suggest that dividing the state without the agreement of the state legislature would be a violation of Article 3.
Scope of Judicial Review
The Union of India has submitted in its counter-affidavit filed before the Court in response to various written petitions challenging the constitutionality of the aforementioned legal measures that the desirability and wisdom of the President and Parliament’s decisions are not subject to judicial review. In light of this argument, a discussion of the scope of judicial review, in this case, is required.
Conclusion
Due to the intricate legal problems and policy implications at stake, the Court’s ruling, in this case, is probably one of the most anxiously awaited of recent times. The long-running dispute about the constitutionality of Article 370 in the absence of a Constituent Assembly in Jammu and Kashmir may finally come to an end. More particular, the Court would have to decide whether or not the method outlined in Article 370 clause (3) may still be used, and if so, how. As a result, even if C.O. 272 is knocked down entirely, the Court’s findings on Article 370 clause (3) will not be purely academic. Still, they will instead assist in clarifying the legal framework for a prospective appeal.
Prime Minister Narendra Modi visited Ireland on September 23, 2015. It was the second time an Indian Prime Minister had visited Ireland. The first being Jawaharlal Nehru’s visit in 1956. Ireland is an island nation located in Northwestern Europe and surrounded by the North Atlantic Ocean.
The Prime Minister of Ireland, Enda Kenny, had hosted PM Modi during his visit. The PM was attended by other dignitaries such as the Minister of Foreign Affairs and Trade, Charles Flanagan, and Ireland’s Ambassador to India, Feilim McLaughlin. The main aim of the visit was to create stronger ties and improve trade and cultural relations. Described below is the impact of the PM’s Ireland visit.
Impact on trade and commerce
India and Ireland have strong bilateral trade and business relations. Before the PM’s visit, trades with Ireland were valued at €650 million in business in 2014. This included exports worth €248m and imports worth €402 million.
The indigenous exports increased from €32 million in 2012 to €55 million in 2014. In 2019, the total bilateral trade was around €1.2 billion. The exports and the imports have also increased to €636 million and €480 million respectively. Currently, the total trade between India and Ireland is valued at €4.2 billion. This resulted from improved bilateral ties between the two nations, owing to Prime Minister Modi’s visit to Ireland.
Indian Companies in Ireland
Many Indian companies carry out trade and commerce in Ireland. They provide services to Irish markets and consumers across various industries. Pharmaceutical giants such as Reliance Genemedix and Amneal Pharmaceuticals operate in Ireland. Major IT companies such as Wipro, Infosys, TCS, and HCL also have a strong presence in the country. The trade relations were bolstered after Indian Prime Minister Narendra Modi visited Ireland.
Other companies like Crompton Greaves, Deepak Fasteners, Jain irrigation systems, and Shapoorji Pallonji provide consumer goods and services. Likewise, many Irish companies conduct their business in the Indian market. These companies include pharmaceutical and nutrition players like ICON and Glanbia, IT firms like Globoforce and other companies like Keventer, CRH Taxback Group, and Connolly Red Mills.
Impact on Education
Ireland has been a coveted destination for higher education for Indian students. Over 5000 Indian students have enrolled for higher studies in various institutions in Ireland. The students are admitted to engineering, technology, medicine and management colleges. More than 30 research agreements have been signed between the two nations that allow institutes in both countries to collaborate.
Many reputed institutes like Trinity College, Dublin, and Thapar University, Patiala, have signed MOUs for engineering and science disciplines programmes. Thus, Ireland is an essential collaborator in graduate and doctoral research. This collaboration is also considered an impact of the PM’s Ireland visit.
Indian Community in Ireland
Ireland is diplomatically significant for India also due to the large number of Indian citizens residing there. The Indian origin population is approximately 45,000 people, of whom 18,500 are Non-Resident Indians (NRI), and others are Persons of Indian Origin (PIO). The majority of the residents are working professionals employed in engineering, healthcare and management positions.
It has helped in establishing many policies for the Indian origin population. Two such policies in practice are wearing hijab as a part of the police uniform and the non-requirement of obtaining an additional work permit for the spouse or the partner of Critical Skill Employment Permit holders.
Cultural Impact
As a result of a large population of Indian origin citizens in Ireland and the relationship between the two nations, Ireland promotes Indian culture in various forms. One such example is the celebration of Diwali in Ireland since 2008. The event is organised every year in collaboration with Irish and Indian committees.
Further, an annual contemporary film festival is also a part of the celebration of Indian culture. The promotion of such events indicates the importance of cultural exchange between the two nations. The Irish communities also take a keen interest in conventional practices such as cultivating and consuming Indian herbs and spices. This connects the agricultural practices between the two nations. The cultural ties between the countries were strong, and Prime Minister Modi’s visit to Ireland helped strengthen them further.
Another significant practice is the celebration of International Yoga Day in Ireland. The Irish communities have accepted Yoga as a form of a healthy lifestyle. The practice is similar to the Indian tradition.
Tourism
India attracts around 44,000 Irish tourists every year. Indian tourists too visit Ireland in similar numbers. This was facilitated by the introduction of the common British-Irish visa scheme. This scheme allows the tourists to visit the U.K. and Ireland under one visa, rather than applying for two separate visas. It is valid for short stays. India also extended its Electronic Tourist Visa facility to Ireland to digitally facilitate visa approval and generation. The impact of the PM’s Ireland visit was such that it has also helped establish the tourism sector in both countries.
Conclusion
The diplomatic ties between Ireland and India have been impacted positively after Prime Minister Modi visited Ireland in 2015. It was an essential step toward strengthening the bilateral relationship between these two nations. India and Ireland have been important to each other since the 1900s.
In 2010 and 2017, two honorary consulates were established in Chennai and Kolkata. Later in 2019, a formal and fully functional consulate general in Mumbai. Ireland and India have also shown their allegiance to fighting terrorism after the Pulwama attack. India has also hosted several Irish dignitaries on various occasions. These visits were directed toward engagement in business, education, health and tourism.
Further, many agreements were signed to provide opportunities for employment to people of both countries. Prime Minister Modi’s visit to Ireland helped revive relatively stagnant relations between these two nations. Several cultural and historically similar instances bind these two nations. From Yeats and Tagore to cricket and Diwali, the cultural semblance between these two nations has helped create a strong tie between them.
