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Article 370 of Indian constitution
Article 370 of the Indian Constitution was a special provision that granted autonomous status to the state of Jammu and Kashmir. It was included in the Constitution to recognize the unique circumstances and history of the state when it acceded to India in 1947. As of my last knowledge update in September 2021, Article 370 was inoperative and had been effectively abrogated on August 5, 2019.
Here is the original text of Article 370 before its abrogation:
Article 370 – Temporary provisions with respect to the State of Jammu and Kashmir:
- Temporary provisions with respect to the State of Jammu and Kashmir: Notwithstanding anything in this Constitution,(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;(b) the power of Parliament to make laws for the said State shall be limited to:(i) those matters in the Union List and the Concurrent List, which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.(c) the provisions of Article 1 and of this article shall apply in relation to that State;(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:Provided that no such order which relates to the matters specified in the Instrument of Accession of the State to the Dominion of India shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
- Power of the President to make certain orders: The President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
- Definition of the State of Jammu and Kashmir: In this article, the expression “Constituent Assembly of the State of Jammu and Kashmir” means an Assembly elected for the purpose of framing a Constitution for the State of Jammu and Kashmir.
It’s important to note that this article was effectively abrogated, as mentioned earlier, and the special status of Jammu and Kashmir was revoked by the Indian government in August 2019. This action led to significant changes in the governance and administrative structure of the region.
Here is a brief overview of Article 370 and the events that transpired leading to its abrogation:
Article 370 (Original Provision):
- Article 370 was included in the Indian Constitution as a temporary provision, allowing Jammu and Kashmir to have a separate constitution, its own flag, and significant autonomy over all matters except foreign affairs, defense, finance, and communications.
- It was intended to be a transitional arrangement, with the expectation that over time, Jammu and Kashmir would fully integrate with the Indian Union.
Revocation of Article 370:
- On August 5, 2019, the Indian government, led by the Bharatiya Janata Party (BJP), abrogated Article 370 through a Presidential Order and passed a resolution in the Parliament to reorganize the state.
- The state of Jammu and Kashmir was bifurcated into two union territories – Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly).
The revocation of Article 370 was a highly controversial and significant development in Indian politics. Proponents argued that it would lead to greater integration of Jammu and Kashmir with the rest of India and promote economic development in the region. Critics, on the other hand, expressed concerns about the impact on the special status of the state and the potential for unrest.
The abrogation of Article 370 significantly altered the political landscape and governance structure of Jammu and Kashmir. It also prompted changes in security arrangements and administrative policies in the region. This issue continues to be a matter of debate and discussion in India and internationally.
Article 370 Original Provision
Article 370 of the Indian Constitution, when it was initially implemented, contained the following provisions:
Article 370 – Temporary provisions with respect to the State of Jammu and Kashmir:
- Temporary provisions with respect to the State of Jammu and Kashmir: Notwithstanding anything in this Constitution,(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;(b) the power of Parliament to make laws for the said State shall be limited to:(i) those matters in the Union List and the Concurrent List, which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State to the Dominion of India shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
- Power of the President to make certain orders: The President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
- Definition of the State of Jammu and Kashmir: In this article, the expression “Constituent Assembly of the State of Jammu and Kashmir” means an Assembly elected for the purpose of framing a Constitution for the State of Jammu and Kashmir.
These provisions granted special autonomy and privileges to the state of Jammu and Kashmir, allowing it to have its own constitution, flag, and significant control over its affairs. The provisions were intended to be temporary and subject to modification, as reflected in the article itself. However, as mentioned earlier, Article 370 was effectively abrogated by the Indian government in August 2019, leading to significant changes in the governance of Jammu and Kashmir.
What is article 370 of Indian constitution?
Article 370 of the Indian Constitution, as it stood before its revocation in August 2019, was a special provision that granted a significant degree of autonomy to the state of Jammu and Kashmir within the Indian Union. It was a temporary provision intended to recognize the unique circumstances under which Jammu and Kashmir became a part of India in 1947. Here are the key provisions of Article 370:
Article 370 – Temporary provisions with respect to the State of Jammu and Kashmir:
- Temporary provisions with respect to the State of Jammu and Kashmir: Notwithstanding anything in this Constitution,(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;(b) the power of Parliament to make laws for the said State shall be limited to:(i) those matters in the Union List and the Concurrent List, which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State to the Dominion of India shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
- Power of the President to make certain orders: The President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
- Definition of the State of Jammu and Kashmir: In this article, the expression “Constituent Assembly of the State of Jammu and Kashmir” means an Assembly elected for the purpose of framing a Constitution for the State of Jammu and Kashmir.
Article 370 allowed Jammu and Kashmir to have its own constitution, a separate flag, and a high degree of autonomy in all matters except foreign affairs, defense, finance, and communications. It also provided a mechanism for the state to accede to India. However, this special status was effectively revoked on August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament, leading to significant changes in the governance structure of Jammu and Kashmir.
Amendment in article 370 before revocation
Before its effective abrogation on August 5, 2019, Article 370 of the Indian Constitution had undergone several amendments and modifications. These amendments were made through Presidential Orders and resolutions of the Constituent Assembly of Jammu and Kashmir, in consultation with the Government of India. Some key amendments to Article 370 included:
- The Delhi Agreement (1952): The first significant amendment to Article 370 was the Delhi Agreement signed between Sheikh Abdullah, the then Prime Minister of Jammu and Kashmir, and Prime Minister Jawaharlal Nehru in 1952. This agreement clarified the relationship between the state and the Union of India and led to the addition of a new clause (Article 35A) to the Indian Constitution. Article 35A allowed the state government to define “permanent residents” and grant them special rights and privileges.
- Constitution (Application to Jammu and Kashmir) Order, 1954: This Presidential Order, issued in 1954, extended a significant portion of the Indian Constitution to Jammu and Kashmir. It allowed the application of provisions of the Constitution, which had originally not been applicable to the state, in areas such as citizenship, fundamental rights, and the jurisdiction of the Supreme Court.
- Constitution (Application to Jammu and Kashmir) Order, 1965: This order was issued to extend certain provisions of the Indian Constitution to Jammu and Kashmir related to the Schedules of the Constitution.
These amendments aimed to gradually integrate Jammu and Kashmir more closely with the Indian Union while respecting its special autonomous status. However, the special status of Jammu and Kashmir and Article 370 itself were effectively revoked on August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament. This decision led to the reorganization of the state into two union territories: Jammu and Kashmir and Ladakh, and significant changes in the governance and administrative structure of the region.
FAQs about article 370 of Indian Constitution
Frequently asked questions (FAQs) about Article 370 of the Indian Constitution and its abrogation:
1. What was Article 370 in the Indian Constitution?
- Article 370 was a special provision in the Indian Constitution that granted autonomous status to the state of Jammu and Kashmir. It allowed the state to have its own constitution and a high degree of autonomy in most matters except defense, foreign affairs, finance, and communications.
2. When was Article 370 abrogated?
- Article 370 was effectively abrogated on August 5, 2019, when the Indian government issued a Presidential Order and passed a resolution in the Parliament to revoke its special status.
3. What were the reasons for abrogating Article 370?
- The Indian government argued that the revocation of Article 370 would lead to greater integration of Jammu and Kashmir with the rest of India, promote economic development in the region, and bring it under the same constitutional framework as the rest of the country.
4. How did the abrogation of Article 370 impact Jammu and Kashmir?
- The abrogation of Article 370 led to the reorganization of the state into two union territories – Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). It also resulted in changes in the governance and administrative structure of the region.
5. Was the abrogation of Article 370 a popular decision in Jammu and Kashmir?
- The decision to abrogate Article 370 and the subsequent reorganization of the state was met with mixed reactions in Jammu and Kashmir. While some welcomed the move, others expressed concerns about the potential consequences and the impact on the region’s special status.
6. Did Article 35A also get abrogated along with Article 370?
- Yes, Article 35A, which was introduced through a Presidential Order in 1954, was effectively abrogated when Article 370 was revoked. Article 35A had granted special rights and privileges to the permanent residents of Jammu and Kashmir.
7. What are the implications of the abrogation of Article 370 on the region’s governance and politics?
- The abrogation of Article 370 led to changes in the political landscape, governance structure, and administrative policies of Jammu and Kashmir. It also impacted the representation and participation of the region in the Indian political system.
8. Is there any legal challenge to the abrogation of Article 370?
- There have been legal challenges and debates surrounding the abrogation of Article 370, including petitions filed in the Indian Supreme Court. The legal aspects of this issue continue to be a subject of discussion and judicial review.
9. What was the role of the Constituent Assembly of Jammu and Kashmir in the abrogation of Article 370?
- The Constituent Assembly of Jammu and Kashmir had a role in making recommendations regarding the future of Article 370. However, it ceased to exist in 1957, and the recommendations it made have been debated in the context of the abrogation.
10. How has the abrogation of Article 370 impacted the security situation in the region? – The abrogation of Article 370 has had implications for the security situation in Jammu and Kashmir, and there have been adjustments in the security and law enforcement policies in the region.
Please note that the situation regarding Article 370 is dynamic and may have evolved since my last knowledge update in September 2021. It’s essential to refer to the latest developments and official sources for the most current information on this topic.