Abrogation of article 370 kashika mahajan bhartiyavidyapeeth college, b. Publication 370, production recommendations for greenhouse. Ebscohost serves thousands of libraries with premium essays, articles and other content including labor liabilities in purchases, acquisitions and mergers. Implications of abrogating article 370, 35a for the people.
International reaction to abrogation of article 370. List the future effective date the merger is to take effective if the merger is not to take effect on the date of filing articles of merger with this office. In witness whereof, this agreement and plan of merger and reorganization, having first been duly approved by resolution of the boards of directors and stockholders of corporation and subsidiary, as applicable, has been executed on behalf of each of said two corporations by their respective duly authorized officers. Article 370 and article 35a talks about special status given to residents of jammu and kashmir and who are permanent residents of that state and provide them. It is not just article 370, the presidents order has also amended article 367, changing the substantive character of an important provision besides abolishing the entire constitution of jammu. Mar 31, 2010 mergers and acquisitions and successor liabilities. On this edition of the big picture we will analyse the implications of abrogation of article 370.
It the level l j,s 12 based on article 171 i and 3 and article 166 litl, any profits realized by gls upon the merger of gus and els should benefit from the participation exemption regime. Article 35a which was introduced after the adoption of article 370 in the constitution, specifically deals with the rights and privileges of the permanent residents of jammu and kashmir. Pdf abrogation of article 370 and indias crackdown in. Compendium on article 370 of the indian constitution. Any railroad company operating in the commonwealth that submits an application to the federal government for consolidation, merger, abandonment, or discontinuance shall, contemporaneously with such application, notify the commission and the governor of such action.
Narendra modi abrogated article 370 and 35a in respect of the indianheld state of jammu and kashmir. Surya prakash said that the order of august 5, 2019, abrogating article 370, was constitutionally valid as article 370. More over there is a debate over whether article 370 is a part of basic structure of the constitution and whether it can be amended. Transactional real estate reverse triangular mergers and non. Abrogation of article 370 and 35a by india peshawar. Vicechancellor of damodaram sanjivayya national law university dsnlu s. Com transactional real estate reverse triangular mergers and nonassignment clauses by peter e. Acquisition of control of or merger with domestic insurer. On 5 august, india abrogated article 370 from its constitution through presidential order.
Hubers precipitated calcium carbonate business huber pcc 2 was one of the. A series of presidential orders has substantially eroded article 370. Our pdf merger allows you to quickly combine multiple pdf files into one single pdf document, in just a few clicks. Their views are tilted green rather than to 3 colour. External affairs, defense and communications, by the state to the dominion of india. The abrogation of article 370 will ensure that do not lose their rights on land and property even if they get married to any indian in any state. Download entire publication pdf 6 mb chapter 1 using pesticides in ontario. This article examines recent trends in reverse mergers by. Article 35a was not added to the constitution by following the procedure prescribed for amendment of the constitution of india under article 368.
The abrogation of the provisions of article 370, which granted special status to erstwhile jammu and kashmir, has now become a fait accompli leaving sole option to. Article 35a of the indian constitution was an article that empowered the jammu and kashmir. One of the biggest myths is the belief that the autonomy as envisaged in the constituent assembly is intact. The steep fall in oil prices improves indias manoeuvrability to address an economic recession. Article 370 was seen as discriminatory on the basis of gender, class, caste and place of origin. It is all about providing space, in matters of governance, to its people. Article 370 mohan krishen teng first published 1990 published by anmol publications 43784b, ansari road, daryaganj, new delhi 12. For the purposes of amendment, the provisions of the constitution fall under three categories. Article 370 was the constitutional provision through which the special status that kashmir has historically held under the indian constitution was. According to constitutional expert rajiv dhavan, the article 370 cant be abrogated because the government do away with it. It was no longer a call for independence, or even merger with pakistan.
Pdf created with fineprint pdffactory pro trial version. Abrogation of article 370 a very complex affair, say legal. A primer on protecting tax losses from a section 382. Terrorism in kashmir very low after abrogation of article. This will instil the feeling of unity among all citizens of india. This course is designed for individuals at all professional levels seeking to tap into and enable creative thinking for themselves and others in the workplace to do the hard work that innovative problem solving requires. Merger or consolidation of domestic and foreign corporations.
If the answer is no, the duplicate copies of the articles of merger may not be delivered to the secretary of state until after 30 days following the mailing of a copy of the plan of merger and of the notice of the right to dissent to the shareholders of each merging subsidiary corporation. According to him, obtaining the opinion of the supreme court is a must before going ahead with the abrogation of article 370. Past representations are no guarantee of future outcomes. It allows the assembly to define permanent residents of the state, and the assembly can also alter the definition of a permanent resident by twothirds. Abrogation of article 370 has now become fait accompli. Introduction imagine you are a successful business owner and, in order to expand your business, you want to acquire the assets of another company machinery, inventory, etc. Carey and the reit as amended or restated through the date hereof, the merger agreement in the manner and on the.
The bjp governments motives for its recent moves in kashmir lie less in the reasons professed governance and development than they do in the ideological direction it is taking the country. The complete merger of jammu and kashmir with indian union did not happen with the existence of article 370, amit shah added. There are doubts over whether article 370 is a part of the basic structure of the constitution or not. Essay on article 370, gd topics, article 370 advantages. However, the governments decision to increase the excise duty on fuel betrays an attempt to appropriate for itself the benefits that may have otherwise accrued to the citizens. What is article 370 article 370 was created with a view that its existence would be temporary. Surya prakash said that the order of august 5, 2019, abrogating article 370, was constitutionally valid as article 370 3. Helplessness in communicationsince abrogation of article 370, kashmir valley has experienced continuous media and communication blackouts. Labor liabilities in purchases, acquisitions and mergers. In the view of the author, the abrogation of article 370 was a necessary as it was hampering the development of the state and security of the citizen of the state of jammu and kashmir as well as india. Gk, general studies, optional notes for upsc, ias, banking, civil services. The questions that need be addressed to, in particular, could be 1. Jan 26, 2006 483001p published january 26, 2006 department of the treasury internal revenue service 26 cfr part 1 td 9242 rin 1545ba06 rin 1545bd76. Now, the truth is there arent any thousands or crores protesting but a few hundred.
President ram nath kovind lists benefits of article 370. According to al jazeera, there are multiple protests going. Much has been written regarding the proper theories of successor liability. New york business corporation law section 907 merger or. In a move that will have massive repercussions for kashmir, the centre has decided to repeal article 370 and article 35a of the constitution that grants special status to the state. Abrogation of article 370 international journal of. Five big questions confronting the narendra modi government soli sorabjee, subhash kashyap,faizan mustafa,colin gonsalves and shadan farasat tell. Carey and the reit, being the parties to these articles of merger, have agreed to merge the merger pursuant to that certain agreement and plan of merger, dated as of february 17, 2012, by and among w.
The retort to this objection lies in the article 370 3. As govt moves to repeal article 370, a look at what the. One is bound to ponder on whether article 370 is responsible for all these ills of the state. The ruler of jammu and kashmir signed the instrument of accession whereby only three subjects were surrendered i.
Revocation of the special status of jammu and kashmir. The abrogation of the provisions of article 370, which granted special status to erstwhile jammu and kashmir, has now become a fait accompli leaving the. This research paper talks about abrogation of article 370 and article 35a of indian constitution. It will give right to muslim women against triple talaq as is available in other states.
Berg in some jurisdictions, this reprint may be considered attorney advertising. Article 45 of the eu merger regulation allows notifying parties to request the referral to the commission of a concentration that has no eu dimension. The aim and the spirit of the regulation has to be considered. Union home minister amit shah on saturday said the abrogation of article 370 enabled the complete integration of jammu and kashmir with the indian union. If this article 370 is unilaterally revoked by the indian parliament without the concurrence of jk legislative assembly, jk legally drops off india. Abrogating provisions of article 370 would cause india in jeopardy, because nature of accession of jammu and kashmir to india is totally different from merger of all other small and even big states. Nov 12, 2019 the united states, the brady handgun prevent bill was struck down as unconstitutional because it forced state officials local police officers to enforce a federal regulatory scheme. A merger may also occur, as is more often the case, when an undertaking is absorbed by another. Article ii, section 3 responsibilities of the executive. Article 370 of the indian constitution gave special status to jammu and kashmir a region. Beyond the scope of this simple guide are controversies that arise between the ec and member states over their respective authorities to act on mergers. The politics of vote bank has looted the youth of the.
Terrorism in kashmir has been at a minimum level after the repeal of article 370, union minister prakash javadekar said saturday, describing the first six months of. Article the current state of successor liability in michigan and why the michigan supreme courts clarification is necessary alex m. Article 35a of the indian constitution was an article. Article 370, an advantage or a disadvantage indian constitution is one of the most efficient written constitution that any country has ever produced. Article 370 does not anywhere confer on the president legislative or executive powers so vast that he can amend the constitution or perform the function of parliament. Important features of article 370 of indian constitution. In a 52 decision in fizzano brothers concrete products v. Islamic state is videos and imagery began to influence young men in kashmir. Provide the address of the limited liability company where the agreement of merger is on file. Guest name satya prakash, legal editor, the tribune, j. Article370 can be abrogated by an amendment to the constitution of india as contemplated by article368, the only requirement being the nondestructive nature of the amendment as regards basic structure of the constitution. The third question is whether article 370 has been retained in its organic form. The abrogation move may bolster the governments ability to make the fruits of indias economic progress directly available to kashmir.
Declaration under article 370 3 of the constitution, 2019 c. A merger within the meaning of article 31a of the merger regulation occurs when two or more independent undertakings amalgamate into a new undertaking and cease to exist as separate legal entities. An agreement of merger has been approved and signed by each limited liability company that is party to the merger. Article 370 of the indian constitution gave special status to jammu and kashmira region located in the northern part of indian subcontinent which was administered by india as a state from 1954 to 31 october 2019, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan, and china since 1947 conferring it with the power to have a separate. With the abrogation of article 370 and 35a, the law of the land will apply. It is a mixture of various other constitutions, the constitution makers had to be very prudent. Prime minister nehru himself agreed that article 370 would be rendered obsolete by the passage of time. It is high time that the new government takes a bold step and scraps article 370, which continues to keep the state in isolation. The politics of vote bank has looted the youth of the state for over 70 years.
We list down the pros and cons of abrogation of article 370 in an objective manner. Mar 21, 2017 a look at market trends in reverse mergers march 21, 2017, 2. But it is perhaps a bit too clever as the abrogation of article 370 was a historical promise. The court listed various reasons for striking down the bill, one of which was the role of the executive as the only branch responsible for executing the law. How the events of 2016 paved way for eventual abrogation of article 370. Abrogation of art 370 led to complete integration of jk. Describing the abrogation of article 370 in jammu and kashmir as a violation of the constitution, former judge of supreme court justice gopal. Article 370 of the indian constitution gave special status to jammu and kashmira state in india, located in the northern part of the indian subcontinent, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan and china. Further on, it should not be possible to exclude either forms of dominance, but both sole and joint dominance are possible to be included under the article. Article 35a of the constitution of india wikipedia. The centre on monday scrapped article 370 of the constitution that grants special status to jammu and kashmir, with an order saying it shall come into force at once. History of kashmir make it clear that it was never a part of pakistan, even if it didnt merge with india during independence but was a part. Any 2 or more domestic corporations organized under this act or under title, chapter 81 may merge into one of such corporations pursuant to a plan of merger approved in the manner provided in this act.
Abrogation of article 370 is constitutionally valid. The article conferred power on jammu and kashmir to have a separate constitution, a state flag and autonomy over the. Abrogation of article 370 to develop the region is a good and bold step by the government. Why should article 370 be amended modified repealed. Please feel free to interpret them the way you want. Article 370 of the constitution of india wikipedia. Abrogation of article 370 led to breakdown of law and. Announcing the move, home minister amit shah also decided to bifurcate the state into two union territories jammu and kashmir, which will have a legislature, and ladakh, which will be without a. Pdf on sep 15, 2019, ishfaq majid and others published in the aftermath of abrogation of article 370 find, read and cite all the research you need on researchgate. After a plan of merger is approved as provided in code section 1411903, the surviving limited liability company or other business entity shall deliver to the secretary of state for filing articles of merger setting forth.
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