Lifting up restrictions from Jammu and Kashmir a gesture of goodwill by Indian government or a UNHRC

Restrictions from the Jammu and Kashmir are lifted today on September 11,did upliftment of the Restrictions by Indian government,a gesture of good will or respecting the request of UNHRC? .

Let's get in to the details and look up on the matter.

-Restrictions were lifted from most parts of the Kashmir,on September 11,and some parts of the Srinagar even witnessed traffic jams. -Public transport,schools remain closed,but Srinagar witnessed a huge flow of private vehicles that eventually lead to traffic jams at Karan Nagar-Batamaloo-Lal Chowk-Dalgate axis. -Restrictions were first imposed in the state of Jammu and Kashmir on August 5th 2019,due to President Ram Nath Kovind passed an bill revoking article 370 &article 35A. -Since then,the three former Chief Ministers Farooq Abdullah,Omar Abdullah and Mehbooba Mufti were detained or house arrested as a preventive measure,to maintain the law and order in the state. What is article 370 and article 35A?. -Jammu and Kashmir enjoyed special status under Article 370 of the Constitution of India. -This Article describes it as a temporary provision and that it will cease to be operative if the President issues a public notification to that effect. However, prior to that, a recommendation is necessary from the Constituent Assembly of Jammu and Kashmir. -As a result of Article 370, Jammu and Kashmir had its own Constitution, and all laws passed by Parliament will not be applicable to the State. -The laws passed by parliament will not be applicable,unless the State government gives its concurrence. -Further, the President also listed a set of exceptions under Article 35A of the Constitution (this Article does not figure in the text of the Constitution of India, but figures only in the J&K’s Constitution). -While the 1954 presidential order constituted a founding legal document for Jammu and Kashmir, Article 35A protected the exclusive laws – such as the bar on outsiders buying property and women marrying non-Kashmiris losing their property rights - of the State. -These special measures can be altered only on the recommendation of the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers, or by the “Constituent Assembly” of that State. As of now, there is no “Constituent Assembly”. This is how Modi government revoked the article 370 and article 35A, ending the special status to Jammu and Kashmir. 1. President Ram Nath Kovind issued a presidential order under Article 370 (1) of the Constitution. This clause enables the President to specify the matters which are applicable to Jammu and Kashmir. As it can be issued only with the Jammu and Kashmir government’s concurrence, the notification uses the words “with the concurrence of the Government of the State of Jammu and Kashmir”. This presumably means the Governor, who is now administering the State under President’s Rule, has given his concurrence on behalf of the State government. 2. The Order supersedes the 1954 Order. This effectively means that all the provisions that formed the basis of a separate “Constitution” for Jammu and Kashmir stand abrogated. The Order declares that all the provisions of the Constitution of India, shall apply to Jammu and Kashmir too. 3. However, some special measures were still needed for the scrapping of Article 370 altogether. Therefore, a few clauses were added to Article 367 of the Constitution. Article 367 contains “Interpretations”. They contain guidance on how to read or interpret some provisions. The new clauses say, when applicable to Jammu and Kashmir, all references to the ‘Sadar-i-Riyasat’, acting on the aid and advice of the Council of Ministers, will be construed as references to the Governor of Jammu and Kashmir. All references to the State government shall mean “the Governor”. And most importantly, the reference to the “Constituent Assembly” in a proviso to Article 370 (3) has been amended to read “Legislative Assembly of the State”. This is the proviso that says the President can declare that Article 370 is no more operative only on the recommendation of the Constituent Assembly. As there is no Constituent Assembly in existence now, there is no body to “recommend” the demise of Article 370. Therefore, the State Assembly has to play that role. The issuance of the Presidential Order has set the stage for the abrogation of Article 370. Here, the government has made use of the fact that Jammu and Kashmir is under President’s Rule. Under the Proclamation issued under Article 356 of the Constitution, by which the President takes over the administration of a State, Parliament usually performs the legislative functions of the State Assembly. For instance, when a State is under Central rule, the budget allocations for that State are voted in Parliament in the absence of the Assembly. The Union Home Minister introduced two statutory resolutions, one, to recommend that the President issue a notification rendering Article 370 inoperative, and two, to accept the Jammu and Kashmir Reorganisation Bill. The passage of the former resolution will enable the President to declare that Article 370 has ceased to operate. The Bill envisages converting Jammu and Kashmir into a Union Territory with a legislature, and carve out Ladakh region as another Union Territory, but without a legislature. Pakistan's response: -Federal Aviation Minister of Pakistan denied the use of Pakistani airspace to Indian President Ram Nath Kovind for his flight to Iceland. -The reason being stated behind the denial is India’s continued aggression in the Kashmir issue and oppression against the Kashmiri people. -The Pakistani Minister said that India continued to flout international laws and was least bothered about its conduct in Kashmir. -Pakistan is also considering not to allow any of the Indian airlines to use their airspace. -After the Balakot airstrikes, India and Pakistan had closed their respective airspaces to each other. Pakistan kept the ban in place for nearly five months. -After the Jammu and Kashmir Reorganisation Bill, Pakistan had partially shut its airspace to India. -However, Pakistan allowed Prime Minister Narendra Modi to use its airspace for his visit to France in August 2019 as a goodwill gesture.