December 11,Monday 2023: The Supreme Court on Monday ruled the former state of Jammu and Kashmir did not have any ‘internal sovereignty’ that was distinguishable from the powers and privileges enjoyed by other states in the country.
A five-judge bench headed by Chief Justice D Y Chandrachud said while there was a clear absence in the Constitution of Jammu and Kashmir of a reference to sovereignty, in contrast, the Constitution of India emphasises in its Preamble that the people have resolved to constitute India into a sovereign, socialistic, secular, democratic republic.
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‘The State of Jammu and Kashmir does not have ‘internal sovereignty’ which is distinguishable from the powers and privileges enjoyed by other States in the country,’ it said.
The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, said that all states in the country have legislative and executive power albeit to differing degrees.
‘The Constitution accommodates concerns specific to a particular State by providing for arrangements which are specific to that State. Articles 371A to 371J are examples of special arrangements for different States. This is a feature of asymmetric federalism, like Article 370 which became applicable to Jammu and Kashmir on the adoption of the Constitution,’ the bench said.
CJI Chandrachud, who penned a 352-page verdict on behalf of Justice Gavai and Surya Kant, said, in asymmetric federalism, a particular state may enjoy a degree of autonomy which another state does not.
‘The difference, however, remains one of degree and not of kind. Different states may enjoy different benefits under the federal setup but the common thread is federalism,’ it said.
Justices Kaul and Khanna wrote separate but concurring verdicts on the issue of abrogation of Article 370 which accorded special status to the erstwhile state.
The bench said the Instrument of Accession (IoA) executed by Maharaja Hari Singh in 1947 provided that nothing in it would affect the continuance of the sovereignty of the Maharaja in and over the State.
‘On November 25, 1949, a proclamation was issued for the State of Jammu and Kashmir by Yuvraj Karan Singh. The declaration in this Proclamation that the Constitution of India would not only supersede all other constitutional provisions in the State which were inconsistent with it but also abrogate them achieves what would have been attained by an agreement of merger,’ the bench said.
It added that the Proclamation reflects the full and final surrender of sovereignty by Jammu and Kashmir, through its sovereign ruler, to India to her people who are sovereign.
‘Neither the constitutional setup nor any other factors indicate that the State of Jammu and Kashmir retained an element of sovereignty. The Constitution of Jammu and Kashmir was only to further define the relationship between the Union of India and the State of Jammu and Kashmir. The relationship was already defined by the IoA, the Proclamation issued by Yuvraj Karan Singh in November 1949 and more importantly, by the Constitution of India,’ it said.
The top court said residual legislative powers cannot be equated to residual sovereignty as it reflects the value of federalism and the federal underpinnings of the Constitution of India.
‘Neither Parliament nor any of the States have the unrestricted power to make laws. Each has its own sphere of legislation, as demarcated by the three lists in the Seventh Schedule to the Constitution. Each is supreme in its own sphere. The States have the plenary power to enact laws but this alone cannot be taken as a sign of sovereignty of individual States,’ it said.
The bench said it is true that many commentators refer to these aspects of federalism as ‘internal sovereignty’ but by whatever name so called, it is clear that all states in the country have legislative and executive power albeit to differing degrees.
‘If the position that Jammu and Kashmir has sovereignty by virtue of Article 370 were to be accepted, it would follow that other States which had special arrangements with the Union also possessed sovereignty. This is clearly not the case,’ the bench said.
It said the people of Jammu and Kashmir, therefore, do not exercise sovereignty in a manner which is distinct from the way in which the people of other states exercise their sovereignty.
Chennai, Dec 5,2023: Tamil Nadu Chief Minister M.K.Stalin, who has been periodically reviewing the Cyclone situation, said the present cyclonic storm was the worst in recent memory that resulted in more incessant downpour than the 2015 floods.
He said due to systematic and comprehensive structural preparations efforts loss of lives were prevented.
Mr Stalin, who had deputed senior Ministers and IAS offcials to various districts to monitor the situation and assist in relief, said the rescue and relief works in all the affected districts were going on on a war footing.
He also exuded confidence that with people’s power the effects of natural calamities will be eliminated.
Mr Stalin also appealed to the people who have done charity, to join hands with the government to alleviate the suffering of fellow human beings.
In a social media post, the Chief Minister said “We are facing the worst storm in recent memory.”
“More than the 2015 flood, ‘ #CycloneMichaung ‘ has resulted in more incessant downpours”, he said.
“We have reduced/prevented loss of life to a great extent due to systematic improvements and comprehensive structural preparations”, he added.
“Rescue and relief work is going on at a wartime pace. Our government will always support the people who are suffering”, he said.
“We will overcome the party differences and with the help of people’s power, we will quickly eliminate the effects of natural calamities”, Mr Stalin said, adding “A miracle of nature… Let’s win with the support of man!”.
“I call on all the people who have done charity to join hands with the government to alleviate the suffering of fellow human beings. May mankind win! #ChennaiRains #ChennaiFloods”, he said.
Gaza/Jerusalem, Dec 2,2023: The death toll of journalists and media workers since the escalation of the Palestinian-Israeli conflict on October 7 has reached 61, the Committee to Protect Journalists (CPJ) said in a statement.
“As of December 1, CPJ’s preliminary investigations showed at least 61 journalists and media workers were among the more than 16,000 killed since the war began on October 7—with some 14,800 Palestinian deaths in Gaza and the West Bank and 1,200 deaths in Israel,” the CPJ said.
It said the deadliest day of the conflict for journalist deaths was October 7, with six journalists killed; and the second-deadliest day occurred on November 18, with five killed.
Ankara, Dec 2,2023: Turkish forces on Friday evening carried out airstrikes against 16 targets of the outlawed Kurdistan Workers’ Party (PKK) in cross-border operations in northern Iraq, Türkiye’s Defense Ministry said.
In a statement, the ministry said the operations were carried out in the Gara, Metina, Hakurk and Qandil regions to prevent PKK members from infiltrating Türkiye to stage attacks.
The airstrikes hit caves, bunkers, shelters, and warehouses which were believed to be housing PKK ringleaders, it said.
A large number of “terrorists” were “neutralized” in the operations, during which Turkish-made munitions were used, it added.
Turkish authorities often use the term “neutralize” in their statements to imply that the alleged “terrorists” have either surrendered, been killed, or been captured.
The Turkish forces frequently carry out ground operations, airstrikes, and artillery bombardments in northern Iraq against the PKK, especially in the Qandil Mountains, the main base of the group.
The PKK, listed as a terrorist organization by Türkiye, the United States and the European Union, has rebelled against the Turkish government for more than three decades.
Dec 2,2023: The Israel Defence Forces (IDF) said on Saturday that it had struck over 400 targets linked to Palestinian movement Hamas throughout the Gaza Strip, including arms storage facilities and infrastructure.
“Over the past day, the IDF struck over 400 terror targets throughout the Gaza Strip,” the IDF said on Telegram.
The military added that it had struck a weapons storage compound, Hamas infrastructure, and “a mosque used by the Islamic Jihad as an operational command centre.”
The air forces also struck 50 targets in the area of Khan Yunis in the south of the enclave overnight, the IDF said.
On Friday morning, the Israel Defence Forces said that the Palestinian movement Hamas had violated the truce between Israel and Hamas that had been in effect since November 24.
As a result, the Israeli military resumed fighting in the enclave.
On October 7, Hamas launched a large-scale rocket attack against Israel from the Gaza Strip and breached the border.
Israel launched retaliatory strikes and ordered a complete blockade of Gaza, cutting off supplies of water, food, and fuel.
On October 27, Israel launched a ground incursion into the Gaza Strip with the declared goal of eliminating Hamas fighters and rescuing the hostages.
Nov 30,2023:In a landmark development towards peace in the northeast region, the oldest militant group of Manipur, the United National Liberation Front (UNLF) on Wednesday signed a peace agreement with the central government.
Calling it a historic achievement, Union Home Minister Amit Shah said in a post on X, ”A historic milestone achieved!!! Modi govt’s relentless efforts to establish permanent peace in the Northeast have added a new chapter of fulfillment as the United National Liberation Front (UNLF) signed a peace agreement, today in New Delhi.”
Shah called it a step towards all-inclusive development and a better future for the youth in the northeast region of the country.
He said the UNLF, the oldest Meitei armed group of Manipur, has agreed to renounce violence and join the mainstream.
He welcomed the UNLF for the democratic processes, extending best wishes in the journey on the path of peace and progress.
Lamjingba Khundongbam, representing UNLF talking to a news agency in New Delhi said, “We have signed a ceasefire agreement with the Government of India today….”
The representatives of the UNLF were in New Delhi for signing the ceasefire agreement with the government.
Earlier this month, the government had declared nine Meitiei extremist organisations as unlawful associations for a period of five years, which also included UNLF and its armed wing, the Manipur Peoples’ Army (MPA).
Manipur Chief Minister N Biren Singh said on X, “The oldest armed group of Manipur has chosen the path of peace, renouncing violence to join the mainstream and embrace democracy. The United National Liberation Front (UNLF) has signed a peace agreement in New Delhi, marking a significant milestone in our relentless pursuit of permanent peace in the Northeast. The unwavering support and vision of Hon’ble PM Shri @narendramodi Ji for a brighter and peaceful North-East has made this possible. May this collaborative effort contribute to a harmonious and prosperous future for Manipur and the entire region.”
Kiev, Nov 30,2023: The NATO-Ukraine Council (NUC) held its first meeting at the foreign ministers level on Wednesday, the Ukrainian Foreign Ministry reported.
At the meeting, foreign ministers of Ukraine and the North Atlantic Treaty Organization (NATO) endorsed the substructure of the NUC and its work program for 2024, the NUC said in a statement published on the ministry’s website.
According to it, NATO and Ukraine are already working on a broad range of issues, including interoperability, energy security, innovation, cyber defense, and resilience.
Besides, NATO continues to provide Ukraine with urgently needed non-lethal assistance, the statement said.
The NATO allies remain steadfast in their commitment to stepping up political and practical support to Ukraine, it said.
NATO’s Comprehensive Assistance Package(CAP) for Ukraine will be transformed into a multi-year program to help rebuild the Ukrainian security and defense sector and to support the country’s defense in the long term, the NUC said.
The NUC was set up at the NATO summit in Vilnius in July.
Nov 29,2023: The Centre has decided to extend the Prime Minister Garib Kalyan Yojana (PMGKAY) to provide food grains free of cost to over 800 million Indians for five more years, Union minister Anurag Thakur announced on Wednesday.
At a cabinet briefing, Thakur said the extension will cost the exchequer Rs 11.8 trillion. The extension will be applicable from January 1, 2024. A decision in this regard was taken in the meeting of the Cabinet, chaired by Prime Minister Narendra Modi, on Tuesday.
Earlier this month, the food ministry announced the extension of the PMGKAY scheme for one year starting January 1, 2023.
In December last year, the Centre decided to subsume the PMGKAY, launched in 2020 to provide additional food grains free of cost, with the National Food Security Act (NFSA).
Under the NFSA, up to 75 per cent of the rural and 50 per cent of the urban populations are covered under two categories — Antyodaya Anna Yojana (AAY) and priority households.
While AAY households, which constitute the poorest of the poor, are entitled to 35 kg of foodgrains per family per month, priority households get 5 kg per person per month.
“The Central Government fully bears the food subsidy for procuring, allocating, transporting and delivering the foodgrains to the designated depot in the States with the help of the two food subsidy schemes, namely, Food Subsidy to FCI and Food Subsidy to Decentralized Procurement (DCP) States,” the ministry had then said.
These two food subsidy schemes have been subsumed as PMGKAY for effective and uniform implementation of the NFSA and to strengthen the country’s food security network.
“Under this scheme, free foodgrains are being distributed through Targeted Public Distribution System (TPDS) from January 1 2023. The additional cost of making food grains free of cost to the NFSA beneficiaries is being borne by the Government of India,” the statement said.
Shillong, Nov 24,2023: Meghalaya Deputy Chief Minister in-charge Home, Prestone Tynsong, has reiterated that the top leaders of the outlawed Hynñiewtrep National Liberation Council (HNLC) should take part in the next round of peace negotiations, even as he promised a safe passage to the two leaders who are in Bangladesh.
“This time we really wanted to reach the conclusion. Therefore, we requested (top HNLC leadership) to come, and we assure you that if you want to come, safe passage will be given,” Tyngsong said.
“If you (HNLC) feel that it is not safe within Meghalaya, we are ready to talk anywhere else, be it Kolkata or any other place. Both the central and state governments are open-minded and serious about the peace talks going forward,” he assured.
“My request to the top leaders of the HNLC is very clear – the door is still open, and we would request them to kindly come back for talks and we are ready to talk across the table,” Tynsong said.
In a joint statement, HNLC chairman Bobby Marwein and general secretary-cum-publicity secretary Sainkupar Nongtraw set conditions for the next round of negotiations.
“We have clearly stated that unless all pending cases against us are withdrawn or a framework agreement for a ceasefire is signed, the HNLC chairman or general secretary cannot participate in the discussions,” Marwein and Nongtraw had said.
However, Tyngsong reiterated that Marwein and Nongtraw need to come forward and participate in the next round of talks.
“I have seen the statement made by the HNLC recently, but my request again to the HNLC is like this, please come back for talks because until and unless we talk face-to-face about what you really want, we will not reach anywhere. We have been sincere enough, not less than three-four months; we have taken care of their cadres; we have taken care of them be it safety, and there was no such arrest also, why are you having that apprehension?” Tynsong asked.
Jerusalem/Gaza, Nov 22,2023: Israel and Hamas on Wednesday confirmed their agreement on a Qatar-mediated proposal for a ceasefire in Gaza.
In exchange for Hamas to release hostages, the Israeli side agreed to release Palestinian prisoners and allow more humanitarian aid to enter the besieged enclave, said the Israeli government in a statement.
Under the deal, at least 50 hostages, mainly children and women, would be freed for the release of about 150 female and teen Palestinian prisoners from Israeli prisons, said the statement from Israeli Prime Minister Benjamin Netanyahu’s office.
The hostages will be released in smaller groups over a span of four days, during which “there will be a full ceasefire in the fighting,” it said.
Israel is pressing for freeing more children. The ceasefire would be extended for an extra day for every additional 10 hostages released by Hamas, it said.
Hamas confirmed the four-day ceasefire agreement with Israel on Wednesday under a Qatari-Egyptian mediation after 46 days of bloody conflict in the besieged coastal enclave.