Section 370 of indian constitution. Article 370: Jammu and Kashmir Reorganization Act, 2019 2022-10-27
Section 370 of indian constitution
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.
What is Article 370 of Indian Constitution: Here’s all you need to know
Â Â Â Â Â Â Â Â Â Click Above What is article 35A? If so, then why the need to abrogate Article 370? This authority lasted only until the State Constituent Assembly convened and finalized its scheme of powers. Citizenship, ownership, and Fundamental Rights were all governed by different laws and rules in the state than they were in the union. Subsequently, the authority of the Union legislature and the State with respect to matters of the Union list was specified. It was argued that on one hand, the Article was temporary in nature and hence, is no more valid and required, while on the other hand, there was continuous justification regarding repeated use of Article 370 by the Government of India. Both these governments have provided the provision of special status for certain regions. This process has been termed the 'erosion' of the Article 370.
Article 370 of Indian Constitution
Union of India, 2017 the Delhi High Court, rejected the petition stating that Article 370 was a temporary provision and the continuation of such provision is a fraud on the Constitution. The article thoroughly discusses the aspects of Article 370, such as How Article 370 was Removed, the Jammu and Kashmir Reorganization Act, 2019, What 35A is, etc. This suggests that it has temporary status. There exists a belief amongst the Kashmiris that scrapping of 370 would change the demography of their region and the same has been instilled in their minds by the political parties. Also, the people of Jammu and Kashmir will be eligible for dual citizenship. Article 35A was also recommended by the Constituent Assembly of J and K.
Article 370 of the Indian Constitution
One hundred questions and answers from Constitution of India. Conclusion The state of Jammu and Kashmir is an integral part of India. But, contrary to this, over the passage of time, the desired results did not show up. After he signed the Instrument of Accession, India acquired jurisdiction over the State and repelled the attack. Jammu and Kashmir, a section of the wider area of Kashmir,has been the subject of a dispute between India, Pakistan, and China since 1947, it is located in the northern part of the Indian subcontinent and was granted special status under Article 370 of the Indian constitution. Answer: Kashmir is a diplomatically and strategically apt location for both counties to establish their power. Was Article 370 A Temporary Provision? With the Modi government backing the move to scrape down article 35A, the Hurriyat leaders have warned that any changes in the current status of article 35A would result in dangerous consequences.
Article 370: Jammu and Kashmir Reorganization Act, 2019
In other words, the provisions of the Constitution which are applicable to other states are not applicable to the state. This provision for the abrogation of the article has been contemplated under article-368 of the Indian Constitution. Who drafted Article 370 of Indian Constitution? 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. Many states, including undivided Andhra Pradesh under Article 371D, follow the practice of domicile-based reservation in admissions and even employment. भारत का संविधान एक पवित्र दस्तावेज है इसमें विश्व के प्रमुख संविधान ओं की विशेषताएं समाहित हैं यह संविधान निर्मात्री सभा के 2 वर्ष 11 माह 18 दिन के सतत प्रयत्न, अध्ययन विचार, विमर्श चिंतन एवं परिश्रम का निचोड़ है इसे 26 जनवरी 1950 को संपूर्ण भारत पर लागू किया गया। List of 100+ Landmark Cases of Supreme Court India भारत के संविधान की प्रमुख विशेषताएं निम्नांकित हैं- 1.
Article 370 Of Indian Constitution // Examarly
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. Its leadership has defied expectations of authoritarian regimes by institutionalizing governance, including the appointment of judges. Thus, while remaining within the framework of Indian Constitution the Kashmir State virtually attained an autonomous status not enjoyed by any other state of the Republic of India. For the last five years, static or dynamic questions have been asked about topics related to Article 370 of the Indian Constitution. The disagreement between the union of India and Jammu and Kashmir regarding article 370 is indispensable and this would result in an endless existence of article 370. Article 35A of Indian Constitution prohibits non-residents from buying a property or seek government jobs or from availing any other privilege in the disputed territory. Maharaja Hari Singh asked India for help as they were not able to protect themselves.
Article 370 Constitution of India
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. Is Article 370 Similar To A Dictatorship? 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. This particular issue is not only that of a political thing but people also expressed their concerns related to the demography of the region of Jammu and Kashmir. What special rights does Jammu and Kashmir have — According to the provisions of Article 370, Parliament has the right to make laws concerning Jammu, Kashmir, about foreign affairs and communication. The ouster of Maharaja, and subsequent abolition of monarchy, further deepened the distrust of the Dogras. Article 370 of the Indian Constitutionrecognized Jammu and Kashmir's unique position in autonomy and the power to enact laws for the state's permanent citizens. Whereas the 1954 order specified that only some articles of the Indian constitution to apply to the state, the new order removed all such restrictions.
Article 370 of Indian Constitution: Know Features & Other Details
In What Year Was Article 370 Abolished? Section 32 of the J and K Reorganization Bill, 2019 authorizes the Legislative Assembly of the Jammu and Kashmir to enact laws on any subject mentioned in the state list or the concurrent list except on those issues which are related to the police and public order. 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. Presidential Orders 1995-2018 In addition to these original orders, between 11 February 1956 and 19 February 1994, 47 Presidential orders were issued, making various other articles of the Indian Constitution applicable to Jammu and Kashmir. The citizens of Jammu and Kashmir will have the same Fundamental Rights and Fundamental Duties as mentioned in the Indian Constitution. The Supreme Court further clarified in the Sampat case that this provision with the example of Sardar Vallabhai Patel has also declared Article 370 as a special provision for the State of Jammu and Kashmir keeping in view the existing relationship between the Center and the state. Here the orders of the Supreme Court of India are not valid. The responsibility for his torture and murder was sought to be avoided by the State by seeking immunity from the Protection of Human Rights Act, 1993.
Section 370 for J& K
The Constitution Bench of the Supreme Court also observed the case of Prem Nath Kaul v. To reunite Kashmir with the rest of India and incorporate it, Article 370 was removed. All these orders were issued with the 'concurrence of the Government of the State' without any Constituent Assembly. This article gave the authority to the Legislature of J and K to provide the definition of the permanent residents of the state and also provide them certain exclusive rights and privileges. Presidential Order In Article 370 1950 Presidential Order The Constitution Application to Jammu and Kashmir Order was signed by President on 26 January 26, 1950, on the same day as the Indian Constitution. It has borders with Pakistan and China. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.