Terms of the article have remained mired in controversy owing its unequal dispensation within. Article 370, federalism and the basic structure of the. What was the legal and constitutional status of kashmir prior to the revocation of article 370. Gk, general studies, optional notes for upsc, ias, banking, civil services. It explains the significance of the article, describes how it was eroded, and traces the constitutional evolution of the.
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. Revoking article 370 of indias constitution was one of the promises made by prime minister narendra modis ruling party ahead of recent elections. However, such an order must be introduced before the. This book presents documents on the fivemonth long negotiations which preceded its enactment on 17 october 1949. Article 370 of the indian constitution page 18prof. Temporary provisions with respect of the state of jammu and kashmir notwithstanding anything in this constitution.
Calls to scrap it are based on a misinterpretation. 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. Under this article, all the provisions of indian constitution are not applicable to the state of jammu and kashmir. Article 370 is a temporary provision of the indian constitution which gives autonomous status to the state of jammu and kashmir. With the increase in subversive and terrorist activity in the state of j. Article 370 of indian constitution, article 370 advantages and disadvantages, article 370 explanation, article 370. When india gained independence, the then ruler of kashmir, maharaja hari singh was left with. According to the article, the following applies to the indian government. Article 370 limited the application of the provisions of the indian constitution to the state of jammu and kashmir. 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. 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.
Article 371 of the constitution includes special provisions for 11 states, including six states of the northeast. Article 370 of the constitution of india pramesh elib. 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 indian constitution that gave special power to the state of jammu and kashmir was annulled on 5 th august 2019.
Article 370 is a constitutional provision that gave jammu and kashmir its special status. Subscribers please login to access full text of the article. Long and short essay on article 370 of indian constitution. An essay on article 370 and special status of jammu and. Presidential co 272 uses the power of the president under article 3701, to indirectly amend article 3703, via a third constitutional provision. Pdf article 370 of constitution of india tarunjyoti.
Pradeep kulshrestha school of law sharda university, greater noida india abstract article 370. 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. The provision was incorporated in part xxi of the constitution. 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. The constitution of india administered the accession of a state and. Moreover, there is a debate over whether article 370 is a part of basic structure of the constitution and whether it can be amended. Article 370 of the constitution of india 1950 further 1 framing of indias constitution. Article 370 of the constitution of india for the state. In november 1956, it completed the task of framing the constitution of the state. This collection of documents on article 370 of the constitution of india contains temporary provisions with respect to the state of jammu and kashmir. What is article 370 of the indian constitution explain.
Article 370 of the indian constitution international journal of law. The new union home minister, amit shah, has made a detailed statement on article 370. 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. Articles 371a through 371j were incorporated subsequently. Temporary provisions with respect to the state of jammu and kashmir.
Article 370 of the constitution of india wikipedia. Article 3703 proviso states that article 370 itself is to be amended by the concurrence of the constituent assembly. Its content may have been hollowed out but it remains important for the people of kashmir. Article 1, which defines india, and article 370 itself. The state was reserved the right to convene a separate constituent assembly was convened in 1951. Article 370 of the constitution of india is described. Articles 370 and 371 were part of the constitution at the time of its commencement on january 26, 1950. The article is drafted in part xxi of the constitution. Article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. 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.
Under article 370, the president can, with the constitution application to jammu and kashmir order 1954, decide provisions of the indian constitution which could be applied to jammu and kashmir with or without modification. Advantages and disadvantages 400 words introduction. Article 370 of indian constitution research papers. Article 370 was the legal provision with which kashmir was assured of autonomy. 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. 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. 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 permits revocation of the law by presidential order. Compendium on article 370 of the indian constitution. 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. Constitution application to jammu and kashmir national portal of. What is article 370 and why is it politically significant. View article 370 of indian constitution research papers on academia. Article 370 would cease to exist from the date president of india issues a notification in this regard, after the recommendation of the arliament.
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