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USAF B-1 Bomber Contract for Boeing Home > News > Homeland Security > Article 370: The untold story

Homeland Security

Article 370: The untold story

323 votes cast By Maj Gen Sheru Thapliyal Issue Vol 26.1 Jan-Mar 2011 | Date : 27 May , 2014

Troops patrol in Kashmir

It is often not realized that among the causes of Kashmir problem – inclusion of plebiscite in the Instrument of Accession, reference of Kashmir to UN, halting Indian offensive when it was poised to drive out the invaders from Kashmir, Article 370 has played no less a part in preventing J&K from becoming an integral part of the Indian Union. Not many people are aware as how and why this Article was formulated and included in the Indian Constitution despite grave misgivings of Sardar Patel and indeed a large number of the members of Congress Working Committee and Constituent Assembly.

Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K is concerned. “Why should a state of the Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists, Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370 is done away is better.” While it was Mountbatten who persuaded Nehru to take the J&K issue to the UN, it was Sheikh Abdullah, who, driven by his ambition to be ruler of an independent Kashmir and his hatred for the Maharaja, persuaded Nehru to give special status to J&K. Among his reasons were – occupation of one third of J&K by Pakistan, reference to the UN and plebiscite. The most sinister aspect of proposed Article 370 was the provision that any changes could be brought about in it only by the concurrence of J&K assembly. Nehru’s promise that Article 370 was a temporary provision and will get eroded over a period of time has turned out to be a chimera. The first thing that Sheikh Abdullah got done was to abolish hereditary monarchy and redesignate him as Sadar-e-Riyasat who was to be elected by the Assembly. The accession of J&K State into Indian Union was approved by J&K Assembly only in 1956.

Dramatis Personal

Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom movement. Babu’s choose heir and darling of the masses, he had a fatal flaw. He cared for personalities rather than issues and institutions, be it selection of Lord Mountbatten as the first Governor General of free India, retaining a senior British officer as the Commander-in-Chief of India Army or backing Sheikh Abdullah to the hilt – his choices were unfortunate. Finally the Chinese aggression of 1962 shattered his image of a world statesman.

Sardar Patel The Iron Man of India — silent, strong and pragmatic with a complete hold on congress party organization — rightly credited with creating a unified India by integrating 565 princely states in it — he would have included Kashmir also in it if allowed to do so by Nehru. The only blot on him was the insinuation that he failed to protect his beloved Bapu. The slur only hastened his end in Dec 1950. Nehru’s promise that Article 370 was a temporary provision and will get eroded over a period of time has turned out to be a chimera.

Sheikh Mohammed Abdullah Charismatic Kashmiri leader who never let go of his dream of ruling an independent Kashmir even while masquerading as a secularist — architect of Article 370 along with Nehru. He must share with Nehru the grave consequences. Lion of Kashmir brought Nehru under his spell from 1938 onwards to the extent that in May 1947 when he was arrested by the Maharaja for sedition, Nehru represented Sheikh as his lawyer and was even arrested in Jun 1947 by the Maharaja while trying to enter J&K. Finally Nehru had to eat the humble pie by arresting Sheikh Abdullah for sedition on 9 Aug 1953.

Maharaja Hari Singh The Maharaja saw an opportunity at the end of British Raj to keep Kashmir as the Switzerland of the East. Trying to repeat history when his ancestors – Maharaja Gulab Singh and Ranbir Singh gained handsome dividends by keeping aloof during the Sikh War and Great Mutiny, Hari Singh tried to sign a standstill Agreement with India and Pak at the time of independence, Pakistan signed, India declined. Maharaja died a lonely man, forced to abdicate and exiled from his beloved land.

The Drama Unfolds

Having finalized the text of Article 370 with Sheikh Abdullah, Nehru brought in Gopalaswamy Ayyangar, IAS, as a minister without portfolio to help him deal with Kashmir portfolio and plead the case of Article 370 in the Constituent Assembly. Gopalaswamy Ayyangar had been prime minister of Kashmir for six years with Maharaja Hari Singh. When Sardar Patel expressed his misgivings, this is what Nehru had to say on Dec 27, 1947.

“Gopalaswamy Ayyangar has been especially asked to help in Kashmir matters. Both for this reason and because of his intimate knowledge and experience of Kashmir, he had to be given full latitude. I really do not know where the States Ministry (Sardar Patel’s ministry) comes into the picture except that it should be kept informed for the steps taken. All this was done at my instance and I do not propose to abdicate my functions in regard to matters for which I consider myself responsible. May I say that the manner of approach to Gopalaswamy was hardly in keeping with the courtesy due to a colleague.” It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”.

The Sardar thereupon resigned and the matter fell in Gandhiji’s lap to bring the two colleagues together. During this period, V Shankar, IAS was the personal secretary to Patel and had maintained a record of all events. It is clear from these records that Nehru finalized the draft of Article 370 alongwith Sheikh Abdullah without even informing Patel. Thereafter it fell to Gopalaswamy Ayyangar to get the draft passed in the Constituent Assembly discussions. The proposal was torn to pieces by the Constituent Assembly and also Congress Party Executive.

Nehru, who was abroad at the time, swallowed his pride and rang up Patel and requested him to get the Article 370 approved It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”. V Shankar, in his record has described the meeting of the Congress Executive Committee “The meeting was one of the stormiest I have ever witnessed barring the party meeting which discussed the proposition relating to Rajaji becoming the first President of Indian Republic. The opinion in opposition to Gopalaswamy’s formula was forcefully and even militantly expressed and the issue even brought in the sovereignty of the Constituent Assembly to draw up the Constitution without being tied down to the apron-strings of the Kashmir State Constituent Assembly. In such a situation even Maulana Azad was shouted down.

The Party was in uproar. The Sardar had to plead that because of the international complications, a provisional approach alone could be made leaving the question of final relationship to be worked out according to the exigencies of the situation and mutual feelings and confidence that would have been by then created. Once the Sardar had taken charge, all opposition to the draft was silenced” And how Nehru responded to this great act of loyalty on part of Sardar? On 24 July 1952, after Sardar was no more, Nehru made a detailed statement on Kashmir in the Parliament on slow integration of Kashmir into India Union and mentioned that “Sardar Patel was all the time dealing with these matters.” Even Gopalaswami Ayyangar was dismayed at this blatant lie and mentioned to V Shankar “It is an ill return to the Sardar for the magnanimity he had shown in accepting Panditji’s point of view against his better judgment.”

Consequences of Article 370

Article 370 has been the biggest impediment to integration of J&K State into Indian Union. That it was incorporated in the Indian Constitution by the machination of two individuals – Shiekh Abdullah and Nehru is all the more regrettable. Nehru had to eat the humble pie when he had to arrest the Sheikh for his divisive and anti national stance on 8 Aug 1953 but he did not let go of his concept of keeping J&K a separate entity. In 1957, some top leaders of National Conference led by Mr Qasim split the party and formed a group called Democratic National Conference (DNC). Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years.

It had abrogation of Article 370 on its agenda. Nehru would not brook any opposition to his policy of keeping J&K a separate entity. He told the leaders that a new threat (China) is emerging and it is an inopportune time to raise this issue and forced them to drop their demand. Nehru thereafter decided to withdraw the Kashmir conspiracy case against Sheikh Abdullah. This case had been going on since May 21, 1958. The formal orders however were issued by Govt of India on 8 April 1964.

It is often forgotten that J&K state is not a homogeneous entity. Apart from Valley Muslims, Jammu has a predominantly Hindu population while Ladakh has a mix of Buddhist and Muslims. Then you have the Gujjars & Bakarwals. Why is Article 370 detrimental to the full integration of J&K state into Indian Union. Firstly the Central Govt can make laws only with concurrence of the State govt, practically giving it the Veto power. Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in Kashmir. While a citizen of India has only Indian citizenship, J&K citizens have two citizenships. Anti Defection Law is not applicable to J&K. No outsider can buy property in J&K state.

The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President. State of J&K can refuse building of any cantonment on any site or refuse to allot land for defence purposes.

Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years. In fact whenever someone mentions this, vested interests raise an outcry that legitimate rights of Kashmiris are being trampled upon. Stated agenda of National Conference is return to pre 1953 status. Why should a state of Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists, Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370 is done away is better.

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Article 370 of the Constitution of India

Temporary Provisions with respect to the State of Jammu & Kashmir

1. Notwithstanding anything in this constitution:

(a) The provisions of Article 238 shall not apply in relation to the State of Jammu & Kashmir.

(b) The power of Parliament to make laws for the said state shall be limited to

(i) those matters in the Union List and the Concurrent List which in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State and

(ii) Such other matters in the Said Lists as, with the concurrence of the Govt of the State, the President may, by order specify.

1. Explanation. For the purposes of this Article, the Govt of the State means the person for the time being recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of the council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifty day of March 1948.

(d) Such of the other provisions of this Constitution shall apply in relation to that State Subject to such exceptions and modifications as the President may by order specify;

Provided that no such order which related to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (1) shall be issued except in consultation with the govt of the State.

Provided further that no such order which relates to matters other than those referred to in the last proceeding proviso shall be issued except with the concurrence of the Govt of the State.

(2) If the concurrence of the Govt of the State referred to in para (ii) of Sub Clause (b) of Clause (1) be given before the Constituent Assembly for the purpose of framing the Constitution of the State is concerned. It shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding the anything in the foregoing provisions of the article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify.

Provided that the recommendation of the Constituent Assembly of the State referred to in Clause (2) shall be necessary before the President issues such a notification.

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References

1. India Betrayed – The Role of Nehru -Brigadier BN Sharma 2. Lost Decades -Nani Palkhiwala 3. Atish-E-Chinar -Sheikh Abdullah 4. Partition Plan -Alan Campbell Johnson 5. Correspondence of Sardar Patel -Durga Das 6. Kashmir 1947 - Rival Versions of History -Prem Shankar Jha 7. My Frozen Turbulence in Kashmir -Jagmohan 8. My Reminiscences of Sardar Patel -V Shankar 9. Appendix A – Article 370

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Article 370 and Nation-Building: A Reality Check

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Maj Gen Sheru Thapliyal

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78 thoughts on “Article 370: The untold story”

1. MC on June 10, 2014 at 9:26 pm said:

Thanks Major.

I really hope people get to read your page instead of show-off media bereft of any real content or details.

Seeing the complexities of a democracy like this with so many mind games and deceptions played over for more than a century now, by so many different groups and people, I sometimes don’t have much hope. But then miracles can happen any time.

My best wishes to you !

Kind Regards, MC

Like(0) Reply ↓ Report Abuse 2. ashok kumar on June 10, 2014 at 7:34 pm said:

The mistakes done by Pt J L Nehru are serious in nature. Due to these mistakes the whole nation are suffering till date. In other hand, he also introduced good policies which were in the welfare of people were also worked as base of our growing economy as well as developing country. If we are getting benefits from the policies run by him and his leadership so we will also have to be suffer from his wrong policies and leadership because we are the people who elected him and given the right to take decisions on such issues.

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3. Ravinder Kumar on June 6, 2014 at 3:54 pm said:

Respected Sir You have given much detailed information on the Article 370 by throwing light from historical perspective as to how this provisional arrangement of Article 370 came into being. But you haven’t even made a mention as to how even being chairman of the drafting committee of constitution, Dr. B.R. Ambedkar refused to constitute any such provision under article 370 on the advice of Pt. Nehru. He didn’t even participated in the discussion on this article in constituent assembly even when he discussed other articles. That day all the answers regarding this article 370 were given by Gopalaswamy Ayyanggar. Thanks!

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4. Anand Shahi on June 4, 2014 at 7:38 pm said:

Article 370 is curse for India’s democracy as wellas security. It is very ridiculous that it has been ignored for such long time. Basically due to lack of political will. To get smoothness with pakistan China and terrorism it is ezsential that Indian Government should get hold o J&k. It should be discussed in parliament along with views of Army and experts.

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5. Bidyotpal Gogoi on June 4, 2014 at 1:09 pm said:

Article 370 was a lack of foresight of Pandit Nehru, who got influenced by Sheikh Abdulla, into getting this article drafted in the Constituent Asembly. It was a collosal failure of Nehru, who had only dreamt of curving out an International Image for himself. His move was wisely opposed by the then Law Minister, Baba Saheb Ambedkar, who minched no words in saying that it would be treaserous on his part to sign off in such an Anti India article. Nehru took the help of Sardar Patel to convince the Constituent Assembly , who against his own judgement decided to bail Nehru out of the mistrust the former Premier faced in the floor of the house. Nehru lacked foresight not only in his dealing in Kashmir, but also his Pancheel agreement with China leading to the Himalayan Blunder.

Article 370 needs to be scrapped since J&K is an integral part of India, and in the interest of a Sovereign undivided India, the article 370 should be scrapped for good. Like(0) Reply ↓ Report Abuse

6. MAHESWAR DEKA on June 4, 2014 at 6:12 am said:

Jammu and Kashmir became a part of India because the then the Maharaja of Kashmir Hari Singh signed the treaty to join the union of India. As such Kashmir is just an Indian state like other states.Therefore,there is no justification to make Kashmir a special state. Hence, article 370 of the Indian constitution should be abrogated

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7. kanu on June 1, 2014 at 8:33 pm said:

Kashmir is part of India ,why we have to discuss about 370 all Indian have same right do not make different Hindu, Muslim etc. who love Hindustan he have right who hit Bharat he have no any right dozen matter he is Hindu.

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8. Thangavelan Sivakumar on May 31, 2014 at 2:51 am said:

Nehru’s himalayan blunder in seeking UN intervention in December’48, at the very time Indian forces were gaining the upper hand & pushing back the Pakistani soldiers disguised as tribals, continues to bleed India dry nearly 70 years later ! Had Nehru exercised some patience and reined in his desire to be world statesman, the whole of Kashmir would’ve been Indian ! Nehru in his vainglorious bid to appease all, followed up with the Article 370, which remains an ugly scar on the face of India and goes against the very grain of a United India….One India ! One Nation !

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9. Bharatheeyan on May 31, 2014 at 12:33 am said:

India and Indians are paying the price for Nehru’s wicked machinations. The best India can do is to ensure that Nehru’s decedents or the party he represented never gets to rule India again

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10. V. Janardhanan Menon on May 30, 2014 at 9:09 pm said:

I can’t understand why so much fuss is being made of the procedure for abrogation of Article 370. Let us get it clear. Article 370 is a part of the Constitution of India. This means that the rules for amendment of the constitution invariably applies to this Article also.. Article 370 says Article 238 (repealed in 1956) does not apply to J&K – hence irrelevant It restricts the power of the parliament to make laws for the state but does not state that the Article itself cannot be repealed! Hence to delete the Article 370, all that is required is a constitution amendment bill introduced in the parliament and passed by a majority of not less than two-thirds of the members of each House present and voting and a majority of the total membership of each House. As someone rightly said – It is difficult to conceive a simpler method of amending the Constitution! But then, it is equally difficult to convince the majority in the parliament since it is always party’s interest over that of the Nation.

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11. Kishore on May 30, 2014 at 6:11 pm said:

Nehru was an elitist but equally to blame is Gandhi because he is the one who let Nehru become PM. Salutations to Sardar, what a great son of India!

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12. Rahul Pariihar on May 30, 2014 at 5:47 pm said:

It’s really unfortunate that why, the govt. of that was not able to solve the issue. it’s just like that you had given the candy in child’s hand, and now asking to return back……if the things are in the hand of J&K assembly, and Rajya & Lok sabha….how it will get sorted out because J&K parties are already against it. and another question arises that “whats the need to given special treatment to J&K, why can’t we treat it as normal”?

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13. Abc on May 29, 2014 at 11:26 pm said:

It is all Nehru blunders that India is paying for, for past 65 years. It must be stopped once and for all. Nehru has betrayed this nation in all his acts. He was a “Democratic Dictator” for most critical 17 initial years after the independence. And he masterly screwed up.

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Manoj on May 30, 2014 at 10:50 am said:

Yeah, Nehru was such a short sighted person. He took many wrong decisions just to fulfill his selfish motives.

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Bharatheeyan on May 31, 2014 at 12:39 am said:

The entire Nehru family has been a liability for India and the country took over 65 years to realize it. Let us hope the legacy is buried, once and for all

Like(0) Reply ↓ Report Abuse 14. Anshul Jain on May 29, 2014 at 8:42 pm said:

Thanks Maj Gen Sheru Thapliyal for this brief article and helping us understand Article 370. I understand that the dirty politics of current India is a process of evolution which started with the first government of Independent India and the secular man Jawaharlal Nehru. Its unfortunate that loyal and Men of honor like Sardar Patel are forgotten for their incomparable contributions.

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15. DrRCRout on May 29, 2014 at 8:38 pm said:

It is unjust for our vast and powerful country

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16. Santy on May 29, 2014 at 7:17 pm said:

If we cant remove article 370, then we must include some laws which dilute it.

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17. Dr.H.D.Waikar on May 29, 2014 at 6:59 pm said:

Fantastic article.Worth reading to understand Article 370,and betrayal by Nehru & Sheikh Abdullah

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18. shyamsunder on May 29, 2014 at 4:59 pm said:

we should create jammu including laddakh as separate state and kashmir another state with separete state assembly and other requirment as andhra has been divided . artcle 370 is is an unwisdom act of our ancester for which we are paying the price in terms of life and state.let 370 operate only in kashmir.it requires iron will on the part of republic.

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19. Sapna on May 29, 2014 at 2:12 pm said:

We need to apply all Indian Rule on Kasmir make force for apply we are with you !

Like(4) Reply ↓ Report Abuse 20. MS Gharat on May 29, 2014 at 1:05 pm said:

My question is does PoK has a similar special status article ? Which I am sure they do not have, why should Kashmir have it ? Another reason Article 370 has become redundant, as this was a “TEMPORARY” provision, so it should have been done away years ago.

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21. A R C Varma on May 29, 2014 at 12:39 pm said:

The people of Kashmir who tend to oppose Article 370 do not understand it fully. Once this is abolished, there will be tremendous progress in Kashmir. Instead of living on Indian Money they will earn a lot on their own. They will also get respect from Pakistan and also from the terrorist in POK.

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22. Indian on May 29, 2014 at 11:50 am said:

A370 has to become history. Please do not view this as anti muslim debate or political browny points issue. This is an issue of our Indian interests. When we speak day and night like a parrot that Kashmir is an integral part of India then why this article. Why it has to be treated differently from any other states of India. Kashmiri politicians have been fooling Kashmiris for the last 70 years. They talk of Kashmiriyat but they never talk about the Hindus that had to leave the state because of terrorism. Why they could not be protected. Nobody even talk about re-settling them. Their homes have been looted and burnt in Kashmir. We have to come together to support them. Lets bring backtheir long due respect. We have played in the hands of terrorists instead of giving them a tough answer. Jai Hind!!

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Rohit on May 29, 2014 at 11:55 am said:

Agree. Jai hind… India First…. Sabse pehle Hindustan.

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23. Raj on May 29, 2014 at 10:30 am said:

Thank you Maj ThapliyaI. It is high time that we had an open debate on Article 370 in the parliament. Those who believe abrogating it would mean trampling over the rights of the Kashmiris, present your case. Never in the history was such a foolish arrangement made jeopardizing national security of over a billion people by a handful based on politics. Sixty years have gone by since this document was created, despite the fact that it was considered a temporary agreement when signed. Look over the damages of this idiotic act. Article 370 has facilitated an anti- Indian governance in the state where each political party shouts out political, religious and ethnic separation from India, louder than the next one. The enemy across the border has found this to be a perfect arrangement for infiltration and subversive activities. The Indian government seems to be powerless, continues to pump enormous doles from the exchequer to keep the state afloat and has nothing to show for all the investments. Kashmir state laws preventing ownership of property by people from outside the state have essentially guaranteed the economic development near zero. On a broader scale, India’s Pakistani sponsored terrorism has been rooted in Article 370. It has legitimized Pakistani agents in Kashmir under the cover of ‘separatist’ who are funded and fueled by the enemy. It is disingenuous on part of Omar Abdullah to turn his back on India on the matter of abrogation of Article 370. For India to move forward, national integration from North to South and East to West is a fundamental necessity. The debate to abrogate Article 370 must proceed full steam ahead, lawfully and openly, in the halls of the parliament. If a constitutional amendment is required for abrogation, so be it. The Indian state of Kashmir is not just a piece of geography in the far North, it is a frontier where India faces eye-ball to eye-ball, not one but two mortal enemies of the largest secular democracy in the world

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24. akash on May 29, 2014 at 9:23 am said:

I totally agree to all the information you have given in this article and even i was known to most of it, but i could not understand one thing that why our own PM (nehru ji) was trying to destruct our future. Why “we” the people of this country always choose such persons to be our leaders who do such wrongful acts. Its been more than 60 years since we got our independence but more than 80% of our political leaders were corrupt or pervert. Why is it that anyone who comes into power is proven to be wrong choice?

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25. Daljit Singh on May 29, 2014 at 9:14 am said:

JAWAHAR LAL NEHRU FUCKED UP EVERYTHING IN INDIA JUST TO BE PRIME MANISTER OF INDIA.

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26. asit guin on May 29, 2014 at 9:06 am said:

Article-370 is an integral part of the constitution, which has made Kashmir an integral part of India. Attacking this article is an anti-national act, because this is equivalent to attack the constitution. War does not start in the battlefield. War starts in politics. This is impossible and absurd, that union ministers will declare civil war against Kashmir and Kashmir ministers will control it. Those who are declaring civil war against Kashmir everyday, in the form of attacking article-370, they have to come forward to take the load of civil war, including load of refugees.

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27. Naren on May 29, 2014 at 6:56 am said: After so many wars over J&K and the decision of people of the J&K region to stay on the India side of the de facto border, has made the referred to article irrelevant after the wars. Wars have decided which parts of J&K are integral part of India, and the PoK part with the occupiers should be taken back by India if there are any moves made against India by anyone.

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28. Arun Rawat on May 29, 2014 at 1:04 am said:

sir the whole article is full knowlegde, untold truth. after reading this whole article and even before reading this article one question arises in my mind that is what would happen if indian govt forcefully integrate the jammu and kashmir and make a part of indian union? what stops indian govt in doing so? please answer

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atish dixit on May 29, 2014 at 3:25 am said:

It will only weaken India’s image at the International stage, we will be called a aggressive invader. I totally agree that article 370 should be demolished as soon as possible, but we must try to get it done through democratic and parliamentary ways, and must refrain from any type of violence. It will be great if Govt.Of India officially launches some programme (through TV, Newspapers,city-village level conferences and debates) both in J&K and India to explain, educate and convince people that how article 370 has only hindered growth and prosperity in J&K, and how state will do much better after its truly complete integration with India. Also we must make sure that NC & PDP people dont use this issue as a political rhetoric.

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29. Manish on May 29, 2014 at 12:45 am said:

Opposition to Article 370 in the Indian Constitution : Ambedkar was against Article 370 in the Constitution, which gives a special status to the State of Jammu and Kashmir, and it was put against his wishes. Balraj Madhok reportedly said, Ambedkar had clearly told Sk. Abdullah: “You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it.” Then Sk. Abdullah went to Nehru, who directed him to Gopal Swami Ayyangar, who approached Sardar Patel asking him to do something as it was a matter of prestige of Nehru, who has promised Sk. Abdullah accordingly. Patel got it passed when Nehru was on foreign tour. On the day this article came up for discussion, Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Krishna Swami Ayyangar

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30. A. K. Sharma on May 28, 2014 at 8:00 pm said:

General, there was no IAS in 1947. This article, therefore, not based on thorough research and is thus not infallible.

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R L Ramakrishnan on May 28, 2014 at 10:19 pm said:

Sir, IAS was formed in 1946. Please check en.wikipedia.org/wiki/Indian_Administrative_Service

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31. Anshul on May 28, 2014 at 5:33 pm said:

Why kashmiri muslims do not want to live with kashmiri pandits ?

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32. babu ram on May 28, 2014 at 3:46 pm said:

As long as we have Art 370 J and K will remain an open issue and Pak will keep raising this issue at different fora. like rest of the country Indian Constitution should prevail here too.

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33. line on May 28, 2014 at 9:27 am said:

article 370 drafted with MAL intention to kill 5 lakh kashmiri pandits kill the maharaja of kashmir. and agaist indian democracy rule, abdullas dynasty want to rule for ever join hands with pakisthan ( create terrotists) and attack india every often..

first scrap this 370 and protect india..

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34. ashraf on May 26, 2014 at 8:37 pm said:

sir, for a person as old as you are….you really have your facts twisted ….but kudos for your lively imagination….it has really made the article an interesting read!!

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Ayan on May 28, 2014 at 1:47 pm said:

continue enjoying the special status ,and keep supporting paki bastards while being fed Indian food!! works for your breed,huh sucker??? Like(16) Reply ↓ Report Abuse

35. Azim on May 26, 2014 at 3:51 pm said:

Its all about accession of land to the so called democratic Indian Nation, but nobody is willing to know what people of that land want. Nations are creates by the people and are destroyed by the people as well.

Abrogate Article 370 (destroys Kashmir) Keeping it (Saves it)

. As for as author of this volume is concerned. He is a die hard Indian, their is no way he would be thinking for the benefit of Kashmiris. Better keep ur (Indian’s) ass on ground rather being kicked of from Kashmir.

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Ayan on May 28, 2014 at 1:45 pm said:

“As for as author of this volume is concerned. He is a die hard Indian”… yes,he is and a proud one at that, you are nothing but a leacher sucking off the blood of this nation and licking the boots off the other one. its’ YOU and the likes of you who should be kicked off the face of the land coz your breed belongs nowhere,,neither in India nor in Pak!!

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J on May 28, 2014 at 3:10 pm said:

If referendum is really what you seek then first bring back all the Kashimiri Pandit’s and Buddhist back to their land and then we will see the result.

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yash on May 28, 2014 at 5:41 pm said:

The letter ofaccession by the king of kashmir was given to the Republic of India…so there is no question offering its people their opinion…Nehru made a blunder…well as we saw many blunders…historically, culturally and geographically kashmir was, is and will be a part of India…as mentioned in the Indian constitution itself, article 370 is a temporary provision… Just because the population is majority Muslim and genocide carried out on kashmir pundits doesn’t make it a Pakistan state…

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36. Himanshu Gandhi on May 25, 2014 at 4:10 pm said:

For real progress in Jammu & Kashmir… few ducks have to fall in to place, with… 1. concerted efforts to better integrate J & K into the overall fabric of India… and… for that to be accomplished…

2. fabric of India, overall, needs to be strengthened by rejuvenating what is means to be an Indian… defining progress as not just more “bells and whistles” carried over from the west… but strong emphasis on virtues and core values espoused in all faiths… and for that to happen…

3. political establishments across the nation need to unified in pursuit of such goal… and for that happen…

4. each and every one who calls for India to be a strong entity… needs to embrace such value system in their own daily lives… and make concerted effort to live by the same.

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37. Amit upadhyay on May 23, 2014 at 11:21 am said:

How disgusting ….!mr.j.l.nehru was the only victim of article 370.

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38. Sankar on April 8, 2014 at 6:27 am said:

“The Maharaja saw an opportunity at the end of British Raj to keep Kashmir as the Switzerland of the East” – this is just this author’s imagination. I have read somewhere (also in Dalvi’s book?) the Maharaja insisted at the time of partition that Sialkot must belong to India, otherwise he could not join the Indian Union. The reasoning was obvious, at that time all the railroad connection to Kashmir passed through Sialkot. Without Sialkot, road communication with Delhi would disappear. There is a parallel here – right after partition the connection to Assam was by air-link only (food supply etc). It took time for India to build road linking Assam to the mainland. Obviously, without Sialkot in Indian hands the Maharaja was left in lurches.

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39. Dr. kaushik chaudhary on March 21, 2014 at 1:34 pm said:

Oh god what to tell this power hungry and bogus Naheru.. He ruined this country and still no body is coming to tell this openly against the contry.. How long we will be misrepresented by such a domish polititian and his ancestrors.. Pleasr please… someone make a film showing Sardar Patel and Naheru’s roll in the post independence the issues… Atleast now country’s this generation must know who was the hero and who was the villain?

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40. daya sagar on March 3, 2014 at 8:00 pm said:

Those who have called Art-370 as a bridge to link J&K with India need to know that Jammu Kashmir Rajay acceded with India through Instrument of Accession as signed by Maharaj Hari Singh and not through any thing like Art-370. Maharaja Hari Singh has no where said in the accession document that it is being done after taking consent of the people of Jammu Kashmir ( ‘Kashmir Ghati’) and there was also no condition in the Indian Independence Act 1947 for such consent. In part-XXI of Constitution of India Art-370 is mentioned as Temporary Provisions wrt the State of Jammu and Kashmir, so do those who plead that Art-370 can not go or can not be amended mean to say that the Authors of Constitution of India had temporarily included J&K in territory of India? In case they opine so then any fair mind would surely take pity on them.It should also be understood that at Art 370( 1-c) it has been mentioned that the provisions of article I and of this article shall apply in relation to that State and it is not because Art-1 applies through Art-370 but Art-1 has been mentioned along with Article -370 there to demonstrate that Art-1 is totally an Indian Union subject ( Union subject) and no any clarifications / interpretations are to be made concerning any matter pertaining to Article-1 as has otherwise been made regarding other subjects to be seen as subjects of Union or State list. And there is no reference of grant of Special Status or Autonomy to J&K in article-370 or in any other chapter / article of Constitution of India. Had such issues been clarified in 1950s, there would have been no much controversies about J&K. Any how still corrections could be applied. As far as I know Sheikh was not appointed interim Prime Minister of J&K in 1947. daya sagar senior coloumnist / social activist [email protected]

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41. ajay kumar goel on December 7, 2013 at 1:48 am said:

WELL WRITTEN-SPEAKS VOLUME–TREAT FOR EYS AND YEARS

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42. Murali Ravi on December 6, 2013 at 8:27 pm said:

Sardar patel was also equally responsible for the mess if he indeed as the article suggests, decided to convince the parliament of the usefulness of article 370. Sardar should have said no to Nehru.

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43. omnamo on December 5, 2013 at 10:58 pm said:

This is a populist article. The article is not properly referenced therefore not believable.

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Sankar on April 8, 2014 at 6:12 am said:

I fully agree with you !

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44. Dr.Balpreet on December 5, 2013 at 4:24 pm said: Please share the source of information (give references)to make it authentic.

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45. MCS on December 5, 2013 at 9:51 am said:

Maj Thapliyal’s comments are thought provoking. Why is India in this mess? Article 370 was a strategy debacle when the constitution was created. It has given special status to Kashmir for the last sixty years with no end in sight. Whether we accept it or not, it is being interpreted by the other side that India will turn Kashmir over to Pakistan when the time is ripe. The political parties in Kashmir are nothing more than agents of the enemy playing second fiddle to this notion. The appalling reality is that the duly elected members of the Indian government by their kowtowing the separatist are signaling Pakistan and the terrorists to continue on their terrorism path until Kashmir is handed over to them. We need a new direction and it cannot come from the foggy headed dhoti-prassads occupying the inner sanctum of the Delhi government

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46. sanjay on December 4, 2013 at 4:10 am said:

This is startling, This raises question on Pandit Nehru’s integrity?

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47. M.Padmanabhan on December 3, 2013 at 8:11 pm said:

Congress appeasement of minorities have run amok. Kashmir has enjoyed special treatment for the last 66 years. Make it a part of integral India by scrapping Article 370. Nowhere in the world this kind of lop sided blind support of a particular region is possible or even evident. Just because Mr. Nehru was born in Kashmir and he wanted to have it a sa part of India, he has to resort to this dastardly act. India can protect and save Kashmir even with out the Article 370.

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48. SIDDHRAAJ on December 3, 2013 at 7:45 pm said:

SAB LOGO KE PAS AAPKE VICHAR TABHI JAYENGE JAB AAP ISE HINDI ME LIKHENGE… PLEASE WRITE IN HINDI IF POSSIBLE

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49. Devendra Sharma on December 3, 2013 at 6:21 pm said:

It is good starts to talk about the article 370 Which the people will have benefit or not…… Like(0) Reply ↓ Report Abuse

50. Mchand on December 3, 2013 at 9:52 am said:

Article 370 was the most divisive idea of the foolish minds who were entrusted with the writing of the constitution. India today is reaping the misfortunes. Pakistan and China will continue to terrorize, brutalize and marginalize a nation of 1.2 billions because the nation is leaderless and article 370 is the excuse for terrorism in Kashmir. The first priority for India is to remove article 370 for the sake of national unity and security. This is an internal matter for India and no foreign nation can have any say. The people of Kashmir must be treated under the same constitution with individual freedom and rights as the rest of the nation. There is no basis for creating a separate status for a state of India that is one of the most strategic part of the nation in terms of defense, water source and national boundaries.

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51. shashank k mehta on December 2, 2013 at 11:27 pm said:

Since independence India has spent billions of rupees on and thousands of her brave soldiers have lost their lives to keep Kashmir with India. Nehru was neither a man with vision nor competent to lead a nation of the size of India.

Perhaps India would not have remained a bagger and a loser state had Nehru and his clan not been at the helm.

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52. S. Suchindranath Aiyer on December 2, 2013 at 11:43 am said:

Like so many other evils, Article 370 was born, like partition itself, and that symbol of Indian sado-masochism: “Aurnagzeb Road” in the fevered imaginings and ambitions of the progenitor of the Post-Independence Indian National Khangress. Shri Jabberlal Neck-screw: It is not entirely correct to say that Kashmir was aloof during the Sikh Wars. It was, in many ways, a product of those tumultous times that is so well captured in”Soldiers Sehebs” by Charles Allen.

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53. Raja on December 1, 2013 at 11:51 pm said:

@ for the purposes of this Article, the Govt of the State means the person for the time being recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of the council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifty day of March 1948……..

What is the relevance of this explanation when the institution of Rulers was abolished and Art. 366(22) was amended by the 26Th Amendment to the constitution ? Or do you think as for as J& K, Mr. Karan Singh still remains as the Maharaja for the limited purpose of Art. 370 ?

Like(0) Reply ↓ Report Abuse 54. PUNEET on November 21, 2013 at 3:11 pm said:

Really useful article, sir. Highly appreciate it.

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55. K R SUBRAMANIAN on September 29, 2013 at 7:52 pm said:

Dear Sir,

I had to read about Article 370 for a law course assignment and found this to be very clear and lucid. I suggest you get this printed in main line newspapers in Hindi/ English and also the southern languages so that all Indians come to know about the real story behind Kashmir and the festering wound that it is …

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56. Prashant Sharma on July 19, 2013 at 11:53 am said:

Maj Gen saab let me take this honor to thank you for sharing such a crisp and precise piece of information which as a reader I have been longing to read for long. Our readings and TV watching sessions are governed by the govt. We read and view only what they want us to read and view.

I have been listening about Article 370 since when I was kid, Wikipedia also provided very technical information about it, which as a lay man is hard to understand in terms of its consequences but your article was indeed an eye opener.

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57. RAJA DR. ASHOK K. THAKUR on July 11, 2013 at 10:32 am said:

When all Princely States falls within the territory of India merged in India after 1947 then why we all are giving different type of facility to Kashmir. Treat Kashmir like other states of India. Article 370 is curse for India, so omit it for the unity and integrity of India. All citizens of India also want no more article 370 for Kashmir. Modern politics is enjoying article 370 and using the same as weapon for vote which is very very dangerous.

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58. Mchand on July 6, 2013 at 10:49 pm said:

Article 370 is a dagger aimed at the heart of a democratic nation of 1.2 billion Hindus, Muslims, Christians, Siks and others. In retrospect, it is hard to imagine any rationale or justification for taking a part of India and assigning, in perpetuity, means for undoing the unity of the nation. Political expediency, lack of strategic view of the unfolding environemt, appeasing a small minority whose allegiance had been in question all along, were factors singularly or combined to explain what may have gone through the minds of the Indian Congress leaders at the time of partition. The result today is a time-bomb ticking away which can reverberate devastatingly through the rest of India if ignited. The smartest and the brightest need to rise to undo the harm. The following are some thoughts on this: First, open a public dialogue to inform, educate and consul the population that this is a national matter, and not an issue dealing with a small corner effectiing a minority population. Second, make a case based on national security of India to do away with article 370. Regardless of the possible push back from the Pakistani sympathizers in the Valley, the Indian government must move forward. The security of India cannot be bartered away to appease a small minority population in the most strategically important part of India. Third, present policies and programs to provide benefits, political freedom and rights to all the citizens of Kashmir same as any other Indian state. If a minority resists to such a change they should be allowed to contest their positions in the Indian courts of law same as any other state. If after the courts have spoken, whether the extremist accept the verdict of the courts or not, the Indian law enforcement agencies should plan to enforce the laws of the nation. It is only India, not UN and not Pakistan or its allies who will decide what is required to maintain the defence and integrity of India

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59. Brig A M Sharma,Retd on July 2, 2013 at 5:58 pm said:

Clear , lucid and to the point. Very informative. Must read for all who do not want the muddle to be spread around.

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60. Pankaj on June 30, 2013 at 9:35 pm said:

Dear Sir . Article 370 is a Useful TOOL for India for answering to Pakistan’s Friends Namely the OIC ie whenever they raise ” concerns ” over the Situation in Kashmir . Similarly The White Christian West through their Numerous Agencies who cry for ” Human Rights ” while USA kills Millions in Afghanistan and Iraq will come down heavily on India if we abolish Article 370 . India has NO friends really We have to be always careful . For those who criticise Article 370 must remember that As long as Muslims are in a MAJORITY in Kashmir Valley The Pro Pakistan feelings will always remain . We have to deal with it and live with it

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dipak patel on July 2, 2013 at 12:00 am said: Sorry to say but your argument in favor of #370 is stupid. Yes it is totally STUPID. Country can not run with the fear and national interest must be prime of the nation and nation should not compromise for that matter.

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deshbhakt on September 17, 2013 at 10:45 am said:

Dear pankaj I want to tell you that you are highly dumb and timid. Because people like you india always remains on the backfoot. Get rid of such pessimism if you want to see india as a real superpower. We cannot think of appeasing a single community when our soldiers are being butchered at the loc. We have to take strong steps internally and externally to be seen as a fearless nation, which unfortunately is not the case right now because of such attitude.i would really like to see some bold steps by the indian government and article 370 to be abolished.

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61. Pankaj on June 30, 2013 at 9:02 pm said:

Dear Sir . The Really Important Question is that Can the Indian State provide Security to Non Muslims from Other Indian States if Article 370 is abolished and if some Non Muslims wish to settle in Kashmir . We have NOT been able to resettle Kashmiri Pandits back in the valley . So blaming Article 370 is NOT right

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62. Sangwan on June 28, 2013 at 6:28 pm said:

Grandiose dreams of international statesmanship at the cost of motherland.

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63. Col AK Verma (AEC) on April 3, 2013 at 9:18 pm said:

Sir, got to go through your informative writings and felt like conveying honest appreciation. Specially so – the expression of the Sardar Patel – “Jawahar Lal royega”, is found something to be of a true depiction of the conviction of courage that the great man enjoyed in all its pure rawness. May you be blessed with continuity with the gift of effective writing! Good luck and regards: Ashok

Like(1) Reply ↓ Report Abuse 64. Anand Purohit on March 19, 2013 at 11:46 pm said:

Article 370 violated the Instrument of Accession between Indian Government and the Kingdom of Kashmir which was signed by Maharaja Hari Singh in 1947. Check out at http://www.bharatiyaanand.com/2013/03/jammu-and- kashmir-series-part-ii.html

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65. CSM on December 3, 2012 at 12:25 am said:

CSM on December 1, 2012 at 9:44 am said:

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66. kuldeep sharma on July 15, 2012 at 1:19 pm said:

देश क एक बढ़ आबाद ,जो क हद बेहतर बोल,लख व समझती है और आपके आटकल क कदरदान है पर उसक दकत ये है क वो इंगलश म अपने यूज़ एसेस नहं कर पाती और इसक वजह से आप और अधक व बेहतर वचार व सुझाव से वंचत रह रहे ह ! कृ पया मेरे जैसे आदमी को भी कु छ योगदान करने का अवसर दिजएगा – एक हद सैशन अपनी साईट पर बना के ! बहुत कु छ हैमेरे पास भी शेयर करने को । कु लदप शमा Like(7) Reply ↓ Report Abuse

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