Section 370 of indian constitution. Article 370 Of Indian Constitution // Examarly 2022-10-19
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Section 370 of the Indian Constitution is a temporary provision that grants special autonomous status to the state of Jammu and Kashmir. This provision, which was inserted into the Constitution through a Presidential Order in 1954, granted the state a unique status within the Indian Union, with the power to draft its own laws on a wide range of issues, including citizenship, ownership of property, and fundamental rights. The state also had its own Constitution and enjoyed a degree of autonomy in the administration of justice, public order, and taxation.
The main purpose of section 370 was to protect the distinct cultural and political identity of the state of Jammu and Kashmir, which has a predominantly Muslim population and a history of conflict with the central government. It was seen as a way of building trust between the state and the rest of India, and as a means of promoting integration and harmony within the country.
However, over the years, section 370 has become a source of controversy and tension, with some arguing that it has been used to discriminate against non-residents and to perpetuate corruption and nepotism within the state. Critics also argue that the provision has encouraged separatism and militancy in the region, and that it has hindered the development of the state and its integration with the rest of India.
In August 2019, the Indian government made the controversial decision to revoke the special status granted to Jammu and Kashmir under section 370. The move, which was accompanied by a widespread crackdown on dissent and the imposition of strict security measures, was met with widespread protests and condemnation from human rights groups and regional powers.
The revocation of section 370 has been seen by many as a major blow to the autonomy and integrity of Jammu and Kashmir, and as a clear violation of the principles of federalism and the rights of the people of the state. It has also raised serious concerns about the future of the region and the prospects for peace and stability in South Asia.
Section 370 for J& K
The first question to be taken into consideration here is whether article 35A is void because it was not placed for discussion before the parliament before being passed. Thus, at the Commencement of the Constitution only two Articles namely Article 1 and Article 370 applied to the State. Government of Jammu and Kashmir. Was Article 370 A Temporary Provision? There are a number of legislations that do not apply to the State since consultation with the State Government failed or there was no concurrence. The very founder of Pakistan, Mohammad Ali Jinnah, had by the logic of the majority Muslim population in Kashmir assumed that it would become a part of Pakistan.
Presidential orders When Article 370 was originally created, only two articles of the Indian Constitution applied in full to Jammu and Kashmir. The Committee is of the opinion that it is high time that finality in this respect should be reached and the relationship of the State with the Union should be expressed in clear and precise terms. Usage of content and images on this website is intended to promote our works and no endorsement of the artist shall be implied. Maharaja Hari Singh, the then ruler of Jammu and Kashmir acceded to the Dominion of India by signing an Instrument of Accession on 26th October, 1947. Study the Why were the Changes Required in Article 370? Â Abrogation of Article 370- For and Against The abrogation of article 370 is a highly discussed and debatable matter, one can conclude that the arguments for and against the abrogation of the article stand equally balanced. Also, Kashmir is rich in natural resources, which is why Pakistan wants Kashmir to be part of their country Question 4. The citizens of Jammu and Kashmir will have the same Fundamental Rights and Fundamental Duties as mentioned in the Indian Constitution.
Answer: To prevent civil unrest and cross border terrorism, the Indian Army has deployed soldiers in high numbers in sensitive regions of Kashmir Filed Under:. Sadar-i-Riyasat The purged Constituent Assembly, with 60 of the original 75 members, unanimously adopted on 6 February 1954, the recommendations of its Basic Principles Committee and the Advisory Committee on Fundamental Rights and Citizenship. Such developments further mounted pressure on Hari Singh to decide the course of action for the future of Kashmir. As this article 370 of the Indian constitution essay in being written, a curfew is imposed all over the state of Jammu and Kashmir, for over a year now, to prevent unrest and violence in the state as a result of the abrogation of article 370. It was in 1954 that article 35 was brought into effect in the Indian Constitution.
Article 370: Jammu and Kashmir Reorganization Act, 2019
However, Article 370 and its provisions continued to govern the relationship between the state and the center in the interregnum. The residents of Ladakh and Kashmir do not express much of objection to the repealing of article 370, and in fact, Ladakh wants to become a union territory. In 2019, article 370 was abrogated by the Central government and turned the state of Jammu and Kashmir into two union territories namely, a union territory of Jammu and Kashmir and Union territory of Ladakh, Leh and Kargil. The entire population of the state has been bereaved of the economic development that the rest of the country has achieved. The order stated that all the provisions of the Indian Constitution applied to Jammu and Kashmir. The Supreme Court of India in its landmark judgment of Keshavananda Bharati v.
Article 35A was first introduced by a presidential order in 1954. It can declare emergency in the state only in case of war or external aggression. Both these governments have provided the provision of special status for certain regions. The Instrument of Accession which was signed by Hari Singh was the same as that signed by the rulers of other Princely States. All these orders were issued with the 'concurrence of the Government of the State' without any Constituent Assembly. Minority Hindus and Sikhs do not get 16 per cent reservation in Kashmir. Immediately after placing the Presidential Order 2019 before the Rajya Sabha, Home Minister 370.
Under the provisions of the Jammu and Kashmir Reorganization Bill, 2019, this is the first time in the history of India that a state has been converted back into a union territory. Why this heaven has turned into a hell and a land of terror? This provision was the one which extended the citizenship status to the people of Jammu and Kashmir, making them the state subjects. N Gopalaswami Ayyangar was the first person to introduce the draft constitution for the state of Jammu and Kashmir under article 306 A. Conclusion Jammu and Kashmir are crucial components of India. After the Constituent Assembly dispersed on 17 November 1956, adopting a Constitution for the State, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished. On 21st June, 2003, Mohan Lal, a rikshaw puller, became a victim of custodial death.
The main basis of the temporary provision under the Article is to determine the relationship between the state and the country by the Constituent Assembly of the state itself. Article 370 of Part 21 relating to temporary, transitional and special provisions in the How did India merge? Calls for abrogation In 2014, as part of However, in October 2015, the In 2019, as part of Since its formation in 1990, the Kashmiri Hindu organisation The 2019 actions Presidential order of 2019 Main article: On 5 August 2019, Home Minister The Constitution Application to Jammu and Kashmir Order, 2019 C. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. Currently, the state of Jammu and Kashmir has 6 Lok Sabha seats which will be divided among the union territories of Jammu and Kashmir and Ladakh in the ratio of 5:1. At that time the people of Jammu and Kashmir were given some special rights under Section 370 to carry out this task. This goes on the showcase the robust and unfettered power which the centre has in terms of governance of the state of Jammu and Kashmir. Article 370 gave the authority to the constituent assembly of the Jammu and Kashmir to decide on the articles of the Indian constitution which would be applicable in the state of Jammu and Kashmir.
After the judgment in 2018, the Apex Court held that Article 370 is a permanent provision since the Constituent Assembly of the State has ceased to exist. Maharaja Hari Singh asked India for help as they were not able to protect themselves. The Centre has no power to declare financial emergency under Article 360 in the state. It further opined that if the Article is the permanent feature of our Constitution then it cannot be amended and also will be part of the basic structure. In March 1961, a five-judge Supreme Court bench was deciding on the case of Puranlal Lakhanpal v. Basically, it granted a high amount of autonomous powers to the Jammu and Kashmir legislature.
What is Article 370 of Indian Constitution: Here’s all you need to know
Who among the following holds office during the pleasure of the President? This means that the state of Jammu and Kashmir will not be able to have a separate Anthem, Constitution or a Flag. Many states, including undivided Andhra Pradesh under Article 371D, follow the practice of domicile-based reservation in admissions and even employment. The state is part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since the partition of the subcontinent in 1947. When the constitution of the state was first drafted, the constituent assembly of the J and K was dissolved immediately. In 2010, the Permanent Residents Disqualification legislation was reintroduced in the state's legislative houses, with support from the two main state-based parties. The content and images used on this site are copyright protected and copyrights vests with their respective owners. One hundred questions and answers from Constitution of India.
Article 370 of Indian Constitution: Know Features & Other Details
Answer: Special powers will be taken away from the government of Jammu and Kashmir and the state will be obligated to abide by all the clauses in the Indian constitution Question 2. While India saw development in the fight for independence from the British rule, a similar uproar was found in Kashmir to fight against autocracy under the leadership of Sher-i-Kashmir Sheikh Mohammad Abdullah. Now the question which should be taken into consideration is not that of how the abrogation can be affected but whether the abrogation can be made at all and the answer to this question is not positive. However, in other matters, the concurrence of the State Government is mandatory. Again, the Protection of Human Rights Act, 1993 is excluded from its application with respect to the subjects enumerated in the State List. Hence, carrying forth the status in accordance with the treaty agreed upon becomes a significant step and the furthermore, thinking on the flip side of it, the fact that the provision was made for a temporary period of time, and hence, now is the right time to repeal the article plays a balanced emphasis on this matter, same is expected to be followed in order to maintain peace and tranquillity in the disputed region of Jammu and Kashmir.
