Experts differ on govt's decision on A-370; some hail, others call it 'misadventure'
New Delhi: The Centre's decision to abrogate Article 370, which gave special status to Jammu and Kashmir, polarised opinion among legal experts on Monday with one section saying it is a legal, historic step and another of the view that it is a complicated move fraught with serious political consequences.
The BJP-led government, in keeping with a long-held electoral promise, abolished Article 370 and simultaneously moved a separate bill in the Rajya Sabha to bifurcate the state into two separate Union Territories of Jammu and Kashmir, and Ladakh.
As debate intensified on the move, senior advocate and constitutional law expert Rakesh Dwivedi said the decision is completely legal and there is no chance that the plea against the government's decision will succeed.
"It was a long overdue, historic step. It should go and it is no more required. It is a welcome step. Kashmir was also open for outsiders so I don't understand why there should be Article 35-A."
Article 35-A came into being in the Constitution on May 14, 1954 and allowed the Jammu and Kashmir assembly to define "permanent resident" of the state and accorded special rights and privileges to the natives.
At the other end of the spectrum, former Union Law minister and senior Congress leader and advocate Ashwini Kumar said the decision of the Union government to alter the status of the Jammu and Kashmir is "fraught with serious political consequences for the nation".
"That something was in the offing was well known for the last few days but that the government would move such a proposal in Parliament without extensive consultations with opposition parties was unthinkable," he said.
Former attorney general Soli Sorabjee was of the view that "nothing revolutionary has been done (by the government)". Laws not applicable to the state so far will now be applicable.
Sorabjee was referring to earlier provisions of Article 370, which had provided that state assembly the power to enforce or not enforce the central law in Jammu and Kashmir.
Former solicitor general and senior advocate Harish Salve termed the legal situation pertaining to Articles 370 and 35A "very complicated".
He referred to the fact that earlier Article 35A was brought into being by the government in 1954 by issuing the Constitution (Application to Jammu and Kashmir) Order instead of a constitutional amendment.
He added that several presidential orders were issued under Article 35A by successive governments.
"It is a very complicated legal situation and I have not fully analysed it. It appears what they (Centre) have superseded the old Presidential order," Salve said.
"First, parliament acting as Assembly of Jammu and Kashmir will approve the bifurcation or trifurcation and then parliament acting as parliament will consider, debate and decide the reorganisation," he said.
On the issue of possible legal challenge to the decision, he said, "Nowadays everything comes before the Supreme Court whether it should or should not."
Discussing the issue of Article 35 A, Dwivedi said historically people from other places settled in Kashmir.
"Buddhism and Islam came from outside...So why close doors of Kashmir for jobs and land now on the plea of the local population being overrun.
"The logic of protecting state subjects or permanent residents was fallacious. Kashmir had never closed its doors to outsiders. Closed-doorism is foreign to its culture. Kashmir has been a cradle where Buddhism, Hinduism and Islam all found place to thrive," Dwivedi added.
In his view, Indian citizens have a fundamental right to reside and settle in any part of the territory of India, including Jammu and Kashmir, and "this is an important feature of national integrity."
"Inclusion of Article 370 in the Constitution was never intended to create a partial accession or to perpetuate Instrument of Accession based autonomy for Jammu and Kashmir forever. They were intended to permanently unite the state in an indestructible Union," he said.
The Instrument of Accession of Jammu and Kashmir to India was executed by Maharaja Hari Singh of the then princely state on October 26, 1947.
According to Congress leader Kumar, the government's decision is bound to be challenged in the Supreme Court.
"I sincerely hope that there is no threat to law and order and peace in the country on account of this very major political decision. Some would call it a political misadventure," he said.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
