Hon’ble Supreme Court judgment upholding the abrogation of Article 370 of the Constitution of India and its legal impact on Article 371A and implications upon the ongoing political negotiations
A judgment having far-reaching legal as well as political impact, the Hon’ble Supreme Court of India by a five bench constitutional bench through a unanimous decision delivered on 11-12-2023, had uphold the declaration of the President of India on 19-08-2019 in exercise of power under Article 370 (3) that the special status of the state of Jammu and Kashmir as provided under Article 370 ceased to be operative, Article 370 was abrogated and the state was bifurcated into two union territories by the Jammu and Kashmir Reorganization Act, 2019.. Article 370 was a temporary provision and which provides that the state of Jammu and Kashmir was allowed to have its own Constitution, flag, its own definition of permanent residents, the right to bar outsiders from holding property; and the privilege of not having an Indian law automatically applicable to its territory. Indian laws had to be specifically permitted by its Assembly before it could operate in J & K.
It was allowed to have its own Penal and Criminal Procedure Codes. The President was empowered to notify, from time to time, the provisions of the Constitution of India that could be extended to the State, with or without modifications etc. It is all now history with the abrogation of Article 370 and the recent judgment of the Hon’ble Supreme Court. The judgment of the Apex Court has vindicated the statement of the Hon’ble Home Minister in Parliament that India is a nation of one Constitution and one flag. The Hon’ble Prime Minister in his article after the judgment had invoked the principle of Ek Bharat Shreshtha Bharat. It may have far-reaching consequences in future with regard to the concept of asymmetric federalism as enshrined in the Constitution of India under Part XXI. Temporary, Transitional and Special Provisions and specifically Article 371A that is with regard to Special Provision to the State of Nagaland and serious political implications to the protracted political negotiations.
Nations are described as federal or unitary depending on the way in which governance is organized. In a unitary set-up, the center has plenary powers of administration and legislation with its constituent units having little authority. In a federal arrangement, the constituent units are identified on the basis of region or ethnicity, and conferred varying forms of authority or some level of administrative and legislative powers. Federalism is a system of government in which power have been divided between the center and the states. The concept of shared sovereignty is an element of federalism. It is an institutional mechanism to accommodate mainly two sets of politics, one at the central or national level and the second at the state level and recently the third, that is at the Panchayat and Municipal level.
In USA the states were independent and sovereign in their territories and declared to formed a federation. Their territories cannot be altered by the federal government, the states have their own constitutions and flags, residuary powers vested with the states etc. In India, Parliament have the power to admit new states, create new states, alter their boundaries etc. The existence of several provisions of the Constitution that allow the center to override the powers of the states. The residuary powers are vested upon parliament. In fiscal matters, the power to raise their own resources is limited, and there is a good deal of dependency on the center for financial assistance. Even though the states are sovereign in their prescribed legislative field, and their executive power is co-extensive with the legislative power, it is clear that the powers of states are no co-ordinate with the union. This is why India is often described as a quasi federal.
The main focus of administration units in India are the center and the states. But there are other forms too, all set up to address specific local, unique historical and geographical contexts. This creates a notable asymmetry in the way Indian federalism works. Symmetric federalism refers to a federal system of government in which each constituent states possesses equal power. In a symmetric federalism, no distinction is made between constituent states. This is in contrast to asymmetric federalism, where distinction is made between constituent states. India with such diversity and plurality, ethnicities and religions, calls for an arrangement that can pave the way for accommodation and integration reflected in the existing asymmetrical federalism. Indian model of asymmetrical federalism is based on the principles of weighted and differentiated equality. This principle calls for equal treatment of all states while being mindful that some states are more equal and unequal than others. The capacities to accommodate various social groups, recognizing distinctive cultural, ethnic differences yet complimentary identities, recognizing and addressing different political aspirations and their unique interests, permitting self-rule within the scheme of shared rule to territorially concentrated minorities etc. are some important characteristics of asymmetric federalism. Such functioning pertains to de facto and de jure asymmetry, where the former is abundant while the latter is limited and maintaining a balance of power of government in which the center and the states works together to achieve common goals. There is also a distinction between political asymmetry and constitutional asymmetry. The territorial and demographic sizes of the constituent units and the constitutional extension of legislative and executive powers to the constituent units.
The foremost examples of asymmetric federalism are the erstwhile Article 370 and Article 371A as enshrined under Part XXI of the Constitution of India. Some of the important highlights of the recent judgment of the Apex Court relevant for the Naga people are:
- The State of J & K does not retain any element of sovereignty after the execution of the Instrument of Accession and the issuance of the Proclamation dated 25-11-1949by which the Constitution of India was adopted. The State of J & K does not have internal sovereignty which is distinguishable from the powers and privileges enjoyed by other states in the country. Article 370 was a feature of asymmetric federalism and not sovereignty (Emphasize by the writer).
- The President in exercise of power under Article 370(3) can unilaterally issue Notification that Article 370 ceases to exist. The President did not have to secure the concurrence of the Government of the State or Union Government acting on behalf of the State Government.
III. The Constitution of India is a complete code for constitutional governance. Following the application of Constitution of India in its entirety to the state of J & K, the Constitution of the State of J & K is inoperative and is declared to have become redundant.
The probable future legal impact of the recent judgement of the Apex Court with due respect to the Hon’ble Supreme Court is that the upholding and giving legal sanction to the abrogation of one set of temporary, transitional and special provision as provided under Part XXI of the Constitution without the consent of the concern State/stakeholders has opened the scope for arbitrary abrogation/review of other similar special provisions including Article 371A without the prior consent of the affected state(s) in future. Article 371A is a special provision and whereas Article 370 was only temporary, transient provision. However, the apprehension is that the procedure already adopted and which is now a settled legal precedent may apply in future for abrogation/review of the other constitutional provisions under Part XXI. It is humbly suggested that the state government should take immediate appropriate steps and obtain a written guarantee that the government of India shall not abrogate/review Article 371A without the prior concurrence from the people of Nagaland subject to a political agreement. Also, the Hon’ble Supreme Court by implication endorsed the concept of one people, one constitution and one flag for India. The immediate constitutional and political questions for the Naga people are:
A. What shall be the status of Article 371A in future subject to political agreement?
B. Since the stand of the government of India is that India is a country of One Nation, One Constitution and One flag as endorsed by the recent judgment of the Hon’ble Supreme Court, what should be the stand of the Naga people on our just demand to recognize Naga constitution and flag?
C. Whether the proposed shared sovereignty in the ongoing political negotiations is only asymmetric federalism as provided in the Constitution of India or it is something more substantial in nature?
D. Whether any element of sovereignty is reserved for the Naga people in the ongoing political negotiation?
These questions require serious deliberations for the protection and preservation of our rights and identity as a people and towards an honorable and acceptable political solution for the Naga people.
Taka Masa Ao
Senior Advocate & Ex. MLA
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Espectro de vibracion
Dispositivos de calibración: fundamental para el funcionamiento fluido y eficiente de las máquinas.
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Para los profesionales en reparación de sistemas y los ingenieros, trabajar con dispositivos de equilibrado es esencial para garantizar el rendimiento fluido y confiable de cualquier sistema móvil. Gracias a estas alternativas avanzadas avanzadas, es posible reducir considerablemente las movimientos, el estruendo y la esfuerzo sobre los rodamientos, mejorando la tiempo de servicio de piezas costosos.
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Balanset-1A: Advanced Portable Balancer & Vibration Analyzer
Professional Dynamic Balancing Solution
Balanset-1A serves as an revolutionary solution for dynamic balancing of rotors in their own bearings, manufactured by Estonian company Vibromera OU. The device provides professional equipment balancing at €1,751, which is significantly cheaper than traditional vibration analyzers while retaining exceptional measurement accuracy. The system allows field balancing directly at the equipment’s operational location without necessitating removal, which is essential for minimizing production downtime.
About the Manufacturer
Vibromera OU is an Estonian company specializing in the design and production of devices for technical diagnostics of industrial equipment. The company is registered in Estonia (registration number 14317077) and has representatives in Portugal.
Contact Information:
Official website: https://vibromera.eu/shop/2/
Technical Specifications
Detection Parameters
Balanset-1A ensures precise measurements using a dual-channel vibration analysis system. The device measures RMS vibration velocity in the range of 0-80 mm/s with an accuracy of ±(0.1 + 0.1?Vi) mm/s. The functional frequency range is 5-550 Hz with optional extension to 1000 Hz. The system supports rotation frequency measurement from 250 to 90,000 RPM with phase angle determination accuracy of ±1 degree.
Operating Principle
The device employs phase-sensitive vibration measurement technology with MEMS accelerometers ADXL335 and laser tachometry. Two mono-directional accelerometers measure mechanical oscillations proportional to acceleration, while a laser tachometer generates impulse signals for determining RPM and phase angle. Digital signal processing includes FFT analysis for frequency analysis and proprietary algorithms for automatic computation of balancing masses.
Full Kit Components
The standard Balanset-1A delivery includes:
Measurement unit with USB interface – central module with built-in preamplifiers, integrators, and ADC
2 vibration sensors (accelerometers) with 4m cables (alternatively 10m)
Optical sensor (laser tachometer) with 50-500mm measuring distance
Magnetic stand for sensor mounting
Electronic scales for precise measurement of corrective masses
Software for Windows 7-11 (32/64-bit)
Plastic transport case
Complete set of cables and documentation
Performance Capabilities
Vibrometer Mode
Balanset-1A functions as a full-featured vibration analyzer with abilities for measuring overall vibration level, FFT spectrum analysis up to 1000 Hz, measuring amplitude and phase of the fundamental frequency (1x), and continuous data recording. The system delivers display of time signals and spectral analysis for equipment condition diagnostics.
Balancing Mode
The device supports one-plane (static) and dual-plane (dynamic) balancing with automatic calculation of corrective masses and their installation angles. The unique influence coefficient saving function permits significant acceleration of subsequent balancing of similar equipment. A specialized grinding wheel balancing mode uses the three-correction-weight method.
Software
The intuitive program interface offers step-by-step guidance through the balancing process, making the device usable to personnel without specific training. Key functions include:
Automatic tolerance calculation per ISO 1940
Polar diagrams for imbalance visualization
Result archiving with report generation capability
Metric and imperial system support
Multilingual interface (English, German, French, Polish, Russian)
Application Areas and Equipment Types
Industrial Equipment
Balanset-1A is efficiently used for balancing fans (centrifugal, axial), pumps (hydraulic, centrifugal), turbines (steam, gas), centrifuges, compressors, and electric motors. In production facilities, the device is used for balancing grinding wheels, machine spindles, and drive shafts.
Agricultural Machinery
The device offers particular value for agriculture, where continuous operation during season is critically important. Balanset-1A is applied for balancing combine threshing drums, shredders, mulchers, mowers, and augers. The ability to balance on-site without equipment disassembly permits eliminating costly downtime during peak harvest periods.
Specialized Equipment
The device is successfully used for balancing crushers of various types, turbochargers, drone propellers, and other high-speed equipment. The rotation frequency range from 250 to 90,000 RPM covers virtually all types of industrial equipment.
Superiority Over Similar Products
Economic Efficiency
At a price of €1,751, Balanset-1A delivers the functionality of devices costing €10,000-25,000. The investment breaks even after preventing just 2-3 bearing failures. Cost reduction on third-party balancing specialist services reaches thousands of euros annually.
Ease of Use
Unlike sophisticated vibration analyzers requiring months of training, mastering Balanset-1A takes 3-4 hours. The step-by-step guide in the software enables professional balancing by personnel without special vibration diagnostics training.
Portability and Autonomy
The complete kit weighs only 4 kg, with power supplied through the laptop’s USB port. This allows balancing in outdoor conditions, at isolated sites, and in inaccessible locations without additional power supply.
Versatile Application
One device is suitable for balancing the most extensive spectrum of equipment – from small electric motors to large industrial fans and turbines. Support for single and dual-plane balancing covers all typical tasks.
Real Application Results
Drone Propeller Balancing
A user achieved vibration reduction from 0.74 mm/s to 0.014 mm/s – a 50-fold improvement. This demonstrates the outstanding accuracy of the device even on small rotors.
Shopping Center Ventilation Systems
Engineers effectively balanced radial fans, achieving decreased energy consumption, removed excessive noise, and increased equipment lifespan. Energy savings paid for the device cost within several months.
Agricultural Equipment
Farmers note that Balanset-1A has become an essential tool preventing costly breakdowns during peak season. Decreased vibration of threshing drums led to lower fuel consumption and bearing wear.
Investment and Delivery Terms
Current Prices
Complete Balanset-1A Kit: €1,751
OEM Kit (without case, stand, and scales): €1,561
Special Offer: €50 discount for newsletter subscribers
Bulk Discounts: up to 15% for orders of 4+ units
Ordering Options
Official Website: vibromera.eu (recommended)
eBay: trusted sellers with 100% rating
Industrial Distributors: through B2B channels
Payment and Shipping Terms
Payment Methods: PayPal, bank cards, bank transfer
Shipping: 10-20 business days by international mail
Shipping Cost: from $10 (economy) to $95 (express)
Warranty: manufacturer’s warranty
Technical Support: included in price
Summary
Balanset-1A constitutes an ideal solution for organizations seeking to implement an efficient equipment balancing system without substantial capital expenditure. The device democratizes access to professional balancing, permitting small companies and service centers to deliver services at the level of large industrial companies.
The mix of reasonable price, ease of use, and professional functionality makes Balanset-1A an vital tool for modern technical maintenance. Investment in this device is an investment in equipment reliability, decreased operating costs, and increased competitiveness of your company.
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