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	<title>Comments on: The Hindu Questions</title>
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		<title>By: ali hasan</title>
		<link>https://kushmanda.com/index.php/the-hindu-questions-3/#comment-26258</link>
		<dc:creator>ali hasan</dc:creator>
		<pubDate>Tue, 25 Nov 2014 09:42:40 +0000</pubDate>
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		<description>Article 370 lies at the heart of Jammu and Kashmir&#039;s Constitutional relationship with India. over the years, there are series of presidential orders which have made most of union laws applicable to the state. There is virtually no institution of Republic of India that does not include J&amp;K within its scope and jurisdiction. 
Article 370 was and is about providing space, in matters of governance, to the people of state of J&amp;K. It was about empowering people, making people feel that they belong, and about increasing accountability of public institutions and services. India also has provisions for other states which are listed in Article 371 and Article 371 -A to 371-I. There are many youth which are discontended due to lack of employment and investments in J&amp;K and there is also a probability of turning the youth towards anti-national activities. 
Keeping in point of view of safety, Security , growth and human development of J&amp;K, Article 370 can be checked and revoked. But this should be done in the will of State Consitutional aseembly as mentioned in the article itself . Along with State Constitution assembly, it is also to be put to vote for the people of state . This should be done without revoking special rights provided to permanent residents of the state.</description>
		<content:encoded><![CDATA[<p>Article 370 lies at the heart of Jammu and Kashmir&#8217;s Constitutional relationship with India. over the years, there are series of presidential orders which have made most of union laws applicable to the state. There is virtually no institution of Republic of India that does not include J&amp;K within its scope and jurisdiction.<br />
Article 370 was and is about providing space, in matters of governance, to the people of state of J&amp;K. It was about empowering people, making people feel that they belong, and about increasing accountability of public institutions and services. India also has provisions for other states which are listed in Article 371 and Article 371 -A to 371-I. There are many youth which are discontended due to lack of employment and investments in J&amp;K and there is also a probability of turning the youth towards anti-national activities.<br />
Keeping in point of view of safety, Security , growth and human development of J&amp;K, Article 370 can be checked and revoked. But this should be done in the will of State Consitutional aseembly as mentioned in the article itself . Along with State Constitution assembly, it is also to be put to vote for the people of state . This should be done without revoking special rights provided to permanent residents of the state.</p>
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		<title>By: v.shruty</title>
		<link>https://kushmanda.com/index.php/the-hindu-questions-3/#comment-26257</link>
		<dc:creator>v.shruty</dc:creator>
		<pubDate>Tue, 25 Nov 2014 09:40:18 +0000</pubDate>
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		<description>PIL is any litigation in the court of law filed in the general interest of the public. PIL in India came about as a result of judicial activism, by relaxing the locus standii requirement, hence enabling the court ( suo-motu) or pvt parties to litigate to protect or promote public interest.
PIL was seen as a powerful tool to make justice accessible to those people who did not have the means or the literacy and awareness to do so on their own. The process of filing PIL is simple and cheap however it must be done in a bona-fide manner and not to further pvt interests. PIL has played an important role in Indian jurisprudence and has protected the rights of many people which had been encroached by the executive.
However, recent trends ahve seen the PIL being used to further private interests or to harass people with the threat of litigation. It has also become a tool to settle political scores. Since PIL has the potential to affect the rights of a third party, it needs to exercised with caution and mala-fide or frivolous PIL should not be entertained.
The PIL has also been used as a platform for judicial legislation and has often been criticised as a facilitator of judicial encroachment in policy decisions which is the preserve of the executive (the Vishaka judgement for example).
Despite its misuse, there is no doubt that PIL in India has made justice accessible to many poor and ignorant and has shaken the executive, at times, of its lethargy or arbitrage. The higher judiciary must act as a check against frivolous, mala-fide PILs in order to strengthen the credibility of this enabling provision of Indian judiciary.</description>
		<content:encoded><![CDATA[<p>PIL is any litigation in the court of law filed in the general interest of the public. PIL in India came about as a result of judicial activism, by relaxing the locus standii requirement, hence enabling the court ( suo-motu) or pvt parties to litigate to protect or promote public interest.<br />
PIL was seen as a powerful tool to make justice accessible to those people who did not have the means or the literacy and awareness to do so on their own. The process of filing PIL is simple and cheap however it must be done in a bona-fide manner and not to further pvt interests. PIL has played an important role in Indian jurisprudence and has protected the rights of many people which had been encroached by the executive.<br />
However, recent trends ahve seen the PIL being used to further private interests or to harass people with the threat of litigation. It has also become a tool to settle political scores. Since PIL has the potential to affect the rights of a third party, it needs to exercised with caution and mala-fide or frivolous PIL should not be entertained.<br />
The PIL has also been used as a platform for judicial legislation and has often been criticised as a facilitator of judicial encroachment in policy decisions which is the preserve of the executive (the Vishaka judgement for example).<br />
Despite its misuse, there is no doubt that PIL in India has made justice accessible to many poor and ignorant and has shaken the executive, at times, of its lethargy or arbitrage. The higher judiciary must act as a check against frivolous, mala-fide PILs in order to strengthen the credibility of this enabling provision of Indian judiciary.</p>
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