Transformative Legislations to Pave the Path of Viksit Bharat

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In unanimously upholding the abrogation of Articles 370 and 35 (A) by the Modi government, the Supreme Court has delivered a historic judgement vindicating the stand of the Bharatiya Janta Party since Jansangh days. The stand that Article 370 was a temporary provision in the Constitution and a hindrance to the complete integration, progress, and development of the people of Jammu and Kashmir has found echo in the landmark judgement of the Supreme Court, which has upheld the exercise of presidential power to issue a constitutional order abrogating Article 370 of the onstitution. While saying that Article 370 was a temporary provision, the Supreme Court has also said that the Constituent Assembly of J&K was never intended to be a permanent body. The SC has also upheld the creation of the Union Territory of Ladakh. It is to be noted that the SC has also made it clear that the erstwhile Jammu and Kashmir state did not have any internal sovereignty different from other states of the country after it became part of India. While the Supreme Court has affirmed what was constitutionally obvious, the conspiracy by some forces to undermine the constitution at the behest of separatist elements now stands exposed even more than ever. It was under the bold and decisive leadership of Prime Minister Shri Narendra Modi that Articles 370 and 35(A) were abrogated and a new chapter of progress and development through grass-roots democratic exercise began in the state. The result is that while terrorism is getting wiped out in the state, Jammu and Kashmir is witnessing a new dawn of peace, progress, and stability.

The Winter Session 2023 will be recorded in the annals of parliamentary history for successfully passing a number of transformative legislations that will pave the path for realising the vision of Viksit Bharat. While the Jammu Kashmir Reservation (Amendment) Bill, 2023, secures reservation in jobs and admission in professional institutions to members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes, the Jammu Kashmir Reorganisation (Amendment) Bill, 2023, increases the number of seats in assembly to 114 from 107, and three seats are reserved for nominations. The Bharatiya Nyaya Smahita, 2023; the Bharatiya Nagrik Suraksha Sanhita; and the Bharatiya Sakshya Samhita, passed by the parliament, not only decolonize the legal system but also reform the criminal justice system of the country. These laws are set to revolutionise the legal system of the country, rescue the entire criminal justice system from the mindset of the colonial era, and reform it in line with the democratic aspirations of the people.

It was under the bold and decisive leadership of Prime Minister Shri Narendra Modi that Articles 370 and 35(A) were abrogated and a new chapter of progress and development through grass-roots democratic exercise began in the state. The result is that while terrorism is getting wiped out in the state, Jammu and Kashmir is witnessing a new dawn of peace, progress, and stability

These bills not only secure the protection of women and children and introduce certain new offences to tackle contemporary social challenges while regulating the procedures of arrest, investigation, inquiry, and trial of offences and establishing new rules for handling evidence for a fair and just criminal justice system rooted in Bharatiyata. Apart from these, the Advocates (Amendment) Bill, 2023, and the Central Universities (Amendment) Bill, 2023, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Services, and Term of Office) Bill, 2023, and the National Capial Territory of Delhi Laws (Secial Provison Amendment) Bill, 2023, are some of the landmark legislations of this session.

While the nation was witnessing the heralding of transformative reforms through legislation in the Parliament, the opposition led by Congress continued with its negative approach of running away from the debates and discussions by resorting to senseless disruption in the house. The defeat of the Congress and its allies in recently concluded elections has resulted in their undemocratic and intransigent conduct in the parliament, which is being condemned across the nation. As the nation marches towards its vision of realising the goals of Viksit Bharat, it moves forward with new resolve and dynamism.

                                         shivshaktibakshi@kamalsandesh.org