According to constitutional expert rajiv dhavan, article 370 cant be abrogated because if the government does away with it, the very basis of accession will be in jeopardy. The constituent assembly of jammu and kashmir, after its establishment, was empowered to recommend the articles of the indian constitution that should be applied to the state or. Since presidential order has extended all provisions of the constitution to jammu and kashmir, including the chapter on fundamental rights, the discriminatory provisions under article 35a will now be unconstitutional. Article 3703 proviso states that article 370 itself is to be. Article 370 of the constitution of india expressed that parliament of india and the union government ward stretches out over constrained issues as for state of jammu and kashmir. An essay on article 370 and special status of jammu and. Article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. Article 370 was the legal provision with which kashmir was assured of autonomy. In a move that will have massive repercussions for kashmir, the centre has decided to repeal article 370 and article 35a of the constitution that grants special status to the state. Pdf article 370 of constitution of india tarunjyoti.
Compendium on article 370 of the indian constitution article 370 and gender biasedness article 370 is written to be gender neutral, but the definition of permanent residents in the state constitution based on the notifications issued in april 1927 and june 1932 during the. The constitution of the state was brought in to force on 26 january 1957. Sep 27, 2019 article 370 is a permanent and not temporary provision of the constitution that assures jammu and kashmir autonomy. Articles 371a through 371j were incorporated subsequently. The decision taken by the centre has been appreciated by several political parties, leaders, celebrities and majority of general public. Article 370 of the indian constitution provided special rights to the indian state of jammu and kashmir. As evident from the title of the part, it was supposed to be a temporary provision and its applicability was projected to last till the. Article 370 of the constitution of india for the state. What is article 370 and why is it politically significant. Under this article, all the provisions of indian constitution are not applicable to the state of jammu and kashmir. Subscribers please login to access full text of the article. Article 370 of the constitution is a temporary provision which promises to grant autonomous status to jammu and kashmir and limits parliaments powers to make laws for the state.
Article 370 of the constitution of india wikipedia. Pdf created with fineprint pdffactory pro trial version. Article 35a was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under article 370 of the indian constitution. It gave most of the power to the government of this state. Compendium on article 370 of the indian constitution. We dont have authentic source regarding the abovementioned quote of dr. Calls to scrap it are based on a misinterpretation. Revoking article 370 of indias constitution was one of the promises made by prime minister narendra modis ruling party ahead of recent elections. Article 1, which defines india, and article 370 itself. On 26 january 1950, the constitution of india came into force with a unique provisionarticle 370. Act, 1975, the constitution fortieth amendment act, 1976, sections 2, 3 and 6 of the constitution fiftysecond amendment act, 1985 and the constitution sixtyfirst amendment act, 1988 which, in addition to article 1 and article 370, shall apply in relation to the state of jammu and kashmir and the.
When india gained independence, the then ruler of kashmir, maharaja hari singh was left with an option of annexing with either india or pakistan. Article 370 of indian constitution research papers. The new union home minister, amit shah, has made a detailed statement on article 370. The constitution of india conceded extraordinary status to jammu and kashmir among indian states, and it was the main state in india to have a different constitution.
Aug 07, 2019 article 371 of the constitution includes special provisions for 11 states, including six states of the northeast. Article 3703 proviso states that article 370 itself is to be amended by the concurrence of the constituent assembly. The main object of the indian independence act 1947 was to set up two. Oct 24, 2019 article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. Terms of the article have remained mired in controversy owing its unequal dispensation within. Aug 05, 2019 revoking article 370 of indias constitution was one of the promises made by prime minister narendra modis ruling party ahead of recent elections. According to constitutional expert rajiv dhavan, article 370 cant be abrogated because if the government does away with it, the very basis of accession will be in. Article 370 would cease to exist from the date president of india issues a notification in this regard, after the recommendation of the arliament. The provision was incorporated in part xxi of the constitution. The centre on monday scrapped article 370 of the constitution that grants special status to jammu and kashmir, with an order saying it shall come into force at once. Long and short essay on article 370 of indian constitution in. This book presents documents on the fivemonth long negotiations which preceded its enactment on 17 october 1949. It shows that it was inserted for short term and it may be repealed or abrogated or modified in accordance with the situations in the state when need arises to repeal this article.
The state was reserved the right to convene a separate constituent assembly was convened in 1951. Nehru, however, said in lok sabha on november 27, 1963 that article 370 has eroded. According to the article, the following applies to the indian government. With the increase in subversive and terrorist activity in the state of j. Article 370 of the indian constitution gave special status to jammu and kashmir a region located in the northern part of indian subcontinent which was administered by india as a state from 1954 to 31 october 2019, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan, and china since 1947. Article 370 is a temporary provision of the indian constitution which gives autonomous status to the state of jammu and kashmir. Speech on article 370 of constitution of india article 370 is an article in the constitution of india which gives special status to the northern state of jammu and kashmir. On 5th august 2019, president of india in the exercise of the powers conferred by clause 1 of article 370 of the constitution had issued the constitution application to jammu and kashmir order, 2019. Article370, as we all know, accords special status to the state of jammu and kashmir.
As govt moves to repeal article 370, a look at what. An essay on article 370 and special status of jammu and kashmir. The special status accorded to the state of jammu and kashmir in the article meant that its people lived under a different set of laws while being part of the indian union. Article 370 has recently been scrapped making it a historic event that is expected to change the face of the state for good. Subversives and commandos trained in pakistan have infiltrated into the state and there. Article 371 of the constitution includes special provisions for 11 states, including six states of the northeast.
Aug 05, 2019 the constitution application to jammu and kashmir order, 2019 c. Article 35a is a set of laws which relate to equality, equality of opportunity in matters of public. Article 370 of the constitution of india 1950 further 1 framing of indias constitution. In november 1956, it completed the task of framing the constitution of the state. Dec 17, 2017 article 370 of indian constitution, article 370 advantages and disadvantages, article 370 explanation, article 370. Studyiq article 370 indian history free pdf download. The government on monday moved a resolution in the rajya sabha to repeal article 370 of the constitution which accords special status to jammu and kashmir. It explains the significance of the article, describes how it was eroded, and traces the constitutional evolution of the. And on the direction of nehru, gopal swami ayyangar had drafted that. Article 370 is a constitutional provision that gave jammu and kashmir its special status. Temporary provisions with respect of the state of jammu and kashmir notwithstanding anything in this constitution.
View article 370 of indian constitution research papers on academia. Article 370 is a permanent and not temporary provision of the constitution that assures jammu and kashmir autonomy. Through this, government of india has made modifications in article 370 itself not revoked it with this, the government of india has dramatically altered the relationship between the state. Artical 370 and artical 35a removed from jammu and kashmir. The constitution of india administered the accession of a state and. Article 370 and 35a of the constitution of india point ias.
Article 370 of the indian constitution 1 temporary provisions with respect to the state of jammu and kashmir. Articles 370 and 371 were part of the constitution at the time of its commencement on january 26, 1950. Article 370, federalism and the basic structure of the. The article is drafted in part xxi of the constitution. Long and short essay on article 370 of indian constitution. Article 370 of indian constitution, article 370 advantages and disadvantages, article 370 explanation, article 370. Article 35a of the constitution is a derivative of article 370, which allows the jammu and kashmir assembly to define who is a permanent resident, who is eligible to vote and work for the state, who can own land and get admission in colleges. Article 370 of the indian constitution is an article that gives special status to the state of jammu and kashmir. The new union home minister, amit shah, has made a detailed statement on article 370 after.
This collection of documents on article 370 of the constitution of india contains temporary provisions with respect to the state of jammu and kashmir. Article 370 of indian constitution research papers academia. R ambedkar refused to draft article 370 as part of indian constitution, shaikh abdullah approached nehru. Advantages and disadvantages 400 words introduction. Announcing the move, home minister amit shah also decided to bifurcate the state into two union territories jammu and kashmir, which will have a legislature, and ladakh, which will be without a. Article 370 of the indian constitution gave special status to jammu and kashmira region located in the northern part of indian subcontinent which was administered by india as a state from 1954 to 31 october 2019, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan, and china since 1947 conferring it with the power to have a separate.
Temporary provisions with respect to the state of jammu and kashmir. Article 35a, which originates from the provisions of article 370 stands null and void. Article 370 of the constitution of india pramesh elib. A brief history of why article 370 of the constitution was framed in a certain manner and the importance of the text of the article from the viewpoint of the people of jammu and kashmir. Article 371 special provision with respect to the states of maharashtra and gujarat 2 notwithstanding anything in this constitution, the president may by order made with respect to the state of maharashtra or gujarat, provided for any special responsibility of the governor for a the establishment of separate development boards for. Press information bureau government of india government. Gk, general studies, optional notes for upsc, ias, banking, civil services. When india gained independence, the then ruler of kashmir, maharaja hari singh was left with. Article 370 of the indian constitution jammu and kashmir. Article 370 of the indian constitution that gave special power to the state of jammu and kashmir was annulled on 5 th august 2019. Article 3701 allows the president with the concurrence of the government of jammu and kashmir more on that in a moment to amend or modify various provisions of the constitution in relation to jammu and kashmir. Its content may have been hollowed out but it remains important for the people of kashmir. The constituent assembly of jammu and kashmir, after its establishment, was empowered to recommend the articles of the indian constitution that should be applied to the state or to abrogate the article 370 altogether.
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