WebThe abrogation of 370 thus rectifies an egregious trespass on the basic tenets of Indias democracy, constitution and national integrity. In addition, the Jammu and Kashmir Reorganisation Act, 2019 was passed by the parliament, enacting the division of the state of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The substance and context of Professor Keanes argument is entirely different, however a strong parallel can be drawn for this with the use of Article 370 by the political dynasties of Jammu and Kashmir- wherein democratic way of life and civil rights of Kashmiris were presented as being cocooned in the protective sheath of Article 370 alone, without which all would fall into disrepair. Web235 likes, 0 comments - Kashmir Crown (@kashmircrown) on Instagram: "National Conference president and Member Parliament from Srinagar Dr Farooq Abdullah Troops on both sides of the so-called line of control regularly fire volleys at each other. There is a need for a unified all of government approach. But it is still too early to celebrate. Devoted to an objective analysis of important contemporary and current Asian affairs, it covers theoretical, empirical, historical and policy issues from a wide range of perspectives and critical appraisals within a multidisciplinary framework. The mutation of Indias constitutional ethos caused by this provision precipitated in the only instance of large-scale ethnic cleansing in independent India. the Indian government decided to permanently incorporate the territory it controls into the rest of India, firing airstrikes near the town of Balakot, Pakistani and Indian fighter jets engaged in a skirmish over Indian-controlled territory, Mr. Trump told reporters that Mr. Modi had asked him to help mediate the Kashmir dispute, become a close ally and financial patron of Pakistan, Indias Supreme Court ruled that Article 370 could not be abrogated. UPDATED Updated August 5, 2019. [73] According to Cottrell, the autonomy and special status granted to the state of Jammu and Kashmir makes it possible "for it to have rather lower standards of human rights". But on Monday, the Indian government decided to permanently incorporate the territory it controls into the rest of India. Although we have ensured a strong posture along the Line of Control, reinforced with security grids in the hinterland, the chances of a lone wolf attack or a suicide bombing case, like the one in the Pulwama, is always imminent and could easily push us into operational brinkmanship again. Lt General Satish Dua is a former Corps Commander in Kashmir, who retired as Chief of Integrated Defence Staff. Article 370 of the Indian Constitution states that J&K is covered only by Articles 1 and 370. The Constitution Order of 1950 outlined the themes on which the Union Parliament would have the authority to adopt legislation for Jammu & Kashmir in accordance with the Instrument of Accession; 38 topics from the Union List were included.. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible. Please upgrade your browser. Jammu and Kashmir previously had a special status that was lowered as a result of article 370. Jammu and Kashmir was exempted from the Indian constitution by Article 370 of the Indian constitution, which was enacted on October 17, 1949, as a temporary clause, allowing the state to create its own constitution and restricting the legislative authority of the Indian Parliament in the territory. A total of 23 petitions were presented to the Supreme Court of India, challenging the central government's decision to abrogate Article 370 of the Constitution, which has constituted a five judge bench for the same. [92][93][94], Since its formation in 1990, the Kashmiri Hindu organisation Panun Kashmir had repeatedly criticised Article 370 and supported its abrogation, along with Article 35A. (PTI File). LIBERTY of thought, expression, belief, faith and worship; China, meanwhile, has become a close ally and financial patron of Pakistan. However, it has now descended to a status below normal and been designated a union territory. There is a need to build a national narrative one that is credible, robust, factual narrative and based on developments and progress which can only be achieved through an all-government approach. However, there is not too much displeasure over sidelining of some political leaders and the marginalisation of separatists. Q) Who proposed the concept for Article 370? This is how the IJAA was born. Most of all, people are able to live without the constant fear of the gun. [30], The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. Here's why, Mohammed Saud Mansuri: Controversies around Taarak Mehta Ka Ooltah Chashmah really sad, OTT shows told to put anti-tobacco warning; makers ask for data to prove the impact, Driver in Tamil Nadu kisses steering wheel, hugs bus on day of retirement, 7 arrested over mob attack on police in Bihars Madhepura. National Conference leaders Farooq Abdullah and Omar Abdullah, and PDP leader Mehbooba Mufti, joined hands and held meetings after their release in 2020 from house detention in August 2019. After Article 370 of the Indian Constitution was repealed, Article 35 A lost all of its effects. Muslim militants have frequently resorted to violence to expel the Indian troops from the territory. Save my name, email, and website in this browser for the next time I comment. India's BJP-led government is hailing its decision to strip the state of Jammu and Kashmir of autonomy after seven decades, characterising it as the correction of a "historical blunder". "Why did Kejriwal support the BJP during the abrogation of Article 370? But UPSC numbers dont tell the whole truth, India & US close to mega defence deal: Pact for fighter jet engines 1st, ship engines likely next. The books launch coincides with the third anniversary of the abrogation of Article 370 the constitutional provision that conferred special status on the erstwhile state of Jammu and Kashmir by the ruling Bharatiya Janata Party government. One of the main reasons cited by the BJP for the revocation of Article 370 on August 5, 2019, was that the law was an impediment to the development of Jammu and Kashmir. of November, 1956, do HEREBY ADOPT, ENACT AND GIVE Now, outsiders can buy land in Jammu and Kashmir if it is not an agricultural land. 272) under Article 370, superseding the Constitution (Application to Jammu and Kashmir) Order, 1954. WebThe abrogation of Article 370 to end the special status of Jammu and Kashmir was a long-standing demand of the BJP. Also Read: There is a strange silence in Kashmir and it spells only misery for students, businesses. It had its own penal code, called the Ranbir Penal Code. The Abdullahs were released in March 2020, and Mufti was freed in the second week of October last year. The Kashmiris were abruptly forced to accept this decision after being locked inside their homes. Critics of Monday's move are linking it to the economic slowdown that India is currently facing - they say it provides a much-needed diversion for the government. Although Article 370 is still a part of the constitution, the Indian government declared it to be "inoperative" in order to get around this legal hurdle. The Abrogation of Article 370 was on 5 August, 2019 by the Indian government. In four years, only 37 per cent of this grant was utilised. India has raised a full-fledged force, namely, the Rashtriya Rifles to counter terrorism, and has created a robust anti-infiltration grid on the LoC, replete with fences and sensors. 370 were eliminated from the constitution during a time when there was no state assembly. The prince signed an agreement for the territory to become part of India. [72], Preamble and Article 3 of the erstwhile Constitution of Jammu and Kashmir stated that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Both they and Indians have the right to be a part of Kashmir. [87] After winning the elections, attempts were made by the party along with its parent organisation, the Rashtriya Swayamsevak Sangh (RSS), for the abrogation of Article 370. Laws related to union and concurrent list in J & K can be passed only after consultation with the state government. While the legality of the move appears well catered to due to the natural state of Jammu and Kashmir being integral to India, and the unquestionable primacy of the parliament of India in framing laws of the land, it is its logic which is more pressing, and the opposition to which by some, more distressing. [107] The president of India appointed a Lt. WebThe Economic Times on Instagram: "Like the abrogation of Article 370, which was "'beyond the imagination" of people, the BJP government led by Narendra Modi will keep its pledge to "liberate" Pakistan-occupied Jammu and Kashmir (PoJK), Union Minister Jitendra Singh said on Sunday. They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. When Article 370 was originally created, only two articles of the Indian Constitution applied in full to Jammu and Kashmir. Although it was intended to be temporary, Article 370 says that it can only be abrogated with the consent of the legislative body that drafted the state constitution. But most of the speculation was that Article 35A of the Indian constitution, which gave some special privileges to the people of the state, would be scrapped. Governor for the Union Territory of Jammu and Kashmir and a Lt. US-based NGO takes down AI chatbot on preventing eating disorders. Request Permissions. Kashmir has not known that for a long time now. Land prices will rise, enabling Kashmiris to make significant gains. The Abrogation of Article 370 was on 5 August, 2019 by the Indian government. The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of Indias democracy, constitution and national integrity. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. Your email address will not be published. After discussions, the 1952 Delhi Agreement was reached. #9YearsOfModiGovernment 1) Abrogation of Article 370 2) Ram Mandir 3) Rejuvenation of Hindu religious sites like Kashi and Ujjain 4)Financial Inclusiveness (#jandhan #mudra #upi 5) Massive improvement in railways Show more. 273", Full text of document on govt.s rationale behind removal of special status to J&K, Sardar Patel was actually the architect of Article 370: Historian Srinath Raghavan on Kashmir, Stop With the Fake News, Article 370 Was NOT a Temporary Provision, https://en.wikipedia.org/w/index.php?title=Article_370_of_the_Constitution_of_India&oldid=1155277025, All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Short description is different from Wikidata, Wikipedia indefinitely semi-protected pages, All Wikipedia articles written in Indian English, Wikipedia neutral point of view disputes from August 2019, All Wikipedia neutral point of view disputes, Creative Commons Attribution-ShareAlike License 3.0. As a result, Hindus in the Jammu region launched counter-agitations against this roll back. Governor for the Union Territory of Ladakh. We cant hurry the process. It exempted the State from the complete applicability of the Constitution of India. To attend to the case at hand, the abrogation of Article 370 is a case much simpler. Sir Narasimha Gopalaswami Ayyangar proposed the concept for Article 370. Despite reservations on this piecemeal approach to adopting provisions, the Central Government acquiesced, leading to the Presidential Order of 1952. 'He will be first choice in most teams but': Australia coach Vettori claims India may drop star bowler for WTC Final, CM Siddaramaiah announces roll-out of five poll guarantees in Karnataka. When you speak to the people, you realise that they feel emotionally attached to Article 370. The abrogation of Article 370 to end the special status of Jammu and Kashmir was a long-standing demand of the BJP and its precursor, the Jan Sangh, whose leader Syama Prasad Mookerjee died in custody in Jammu and Kashmir while leading an agitation against the provision. RT @ShefVaidya: 9 reasons why I feel my vote for @narendramodi was worth it! (PTI File) By Prabhash K Dutta: With a resolution and a bill, In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. The representatives of Jammu and Kashmir were, The negotiations were held at the residence of Home minister. It began with the coming together of the Rashtriya Janata Dal (RJD) and the Janata Dal-United (JDU) in Bihar. The Article 370 forbids the citizens of other states from buying any property in the territorial limits of Jammu & Kashmir. The immediate cause was the Feb. 14 suicide bombing by a young Islamic militant, who blew up a convoy of trucks carrying paramilitary forces in Pulwama in southern Kashmir. The 'residual powers' continued to rest with the State rather than the Union. [78] Under the state laws, the Jammu and Kashmir High Court quashed the appointment of Susheela Sawhney in 1979 a Kashmiri-born woman, as assistant professor in the Government Medical College because she was married to a man outside of Kashmir. All these orders were issued with the 'concurrence of the Government of the State' without any Constituent Assembly. The Indian Constitutions Article 370 was viewed as a temporary and ineffective provision that needed to be repealed. The President, in consultation with the state government, was to make the decision about the application of Other Articles. The representatives to the Indian Constituent Assembly[b] requested that only those provisions of the Indian Constitution should be applied to the state as corresponding to the original Instrument of Accession, and that the state's constituent assembly would decide on the other matters. Diplomatically, the response of the global community to the dilution of Article 370 has been muted, giving strength to the argument that it is an internal issue. Webmanishsiq Published On February 8th, 2023 Table of Contents Article 370 Meaning Article 370: After Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, The Central Government will not require permission from the states government to implement laws once Article 370 has been successfully abrogated. The phrase "State government" shall include the Governor. Web235 likes, 0 comments - Kashmir Crown (@kashmircrown) on Instagram: "National Conference president and Member Parliament from Srinagar Dr Farooq Abdullah on Monday sa" Fighting quickly broke out, and both countries eventually sent in troops, with Pakistan occupying about one-third of the state and India two-thirds. In proviso to clause (3) of article 370 of the Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State". In the draught constitution, it was proposed as Article 306A by Sir Narasimha Gopalaswami Ayyangar. The government is also moving to break up the state into two smaller, federally administered territories. The law now grants Kashmiris the right to receive a quality education from institutions located in the state. "Why did Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election manifesto. Any high visibility incident can trigger violent reactions in the Valley. It amended the Article 370, replacing the phrase "recognised by the President as the Maharaja of Jammu and Kashmir" by "recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat". Future generations will realise what a grave mistake this house is making today," he said. However another constitutional expert, AG Noorani, told BBC Hindi it was "an illegal decision, akin to committing fraud" that could be challenged in the Supreme Court. For decades, an uneasy stalemate has prevailed, broken by occasional military incursions, terrorist attacks and police crackdowns. You can email the site owner to let them know you were blocked. [35][36][34], Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till 1957, but that it was abandoned afterwards. Although the meeting was focused on how to end the war in Afghanistan, Mr. Trump told reporters that Mr. Modi had asked him to help mediate the Kashmir dispute. 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. "Why did Kejriwal support the BJP during the abrogation of Article 370? Ans. [84] It again attracted criticism that "such bills have no sanction in the legal and constitutional history of the state or in Article 370".[79]. Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly. Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications. Lemieux makes a generalised statement that national interest is, at best, meaningless, going on to state that national interest can only have an authoritarian meaning. [32], Article 370 embodied six special provisions for Jammu and Kashmir:[33][34], Once the State's Constitutional Assembly convened on 31 October 1951, the State Government's power to give `concurrence' lapsed. There has been violence in the Indian-administered side - the state of Jammu and Kashmir - for 30 years due to a separatist insurgency against Indian rule. ThePrint with exceptional reporters, columnists and editors is doing just that. Brief Background of Article 370: The Kashmiris would be able to choose the state administration after article 370, but their rights will not be the same as they are now. Any opposition to annulment of this retrograde provision, inherently antithetical to democracy and the uniform rule of law, therefore is scarcely understood but for political expediency. According to him, Article 370 was "the only way" of taking the Constitution of India into Jammu and Kashmir, it is a tunnel through which "a good deal of traffic has already passed and more will". [45][46] Arguably, it went further than the Delhi Agreement in some respects. As I have written before in a Wion article, there have been shortcomings in building a good narrative, a space that was quickly filled up by the other side with a narrative of hate. [31] (2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. The State's custom duties were abolished. Two years is too little a time. This website is using a security service to protect itself from online attacks. The Indian Journal of Asian Affairs (IJAA), founded in 1988, is an independent, peer-reviewed, scholarly journal which is published in June and December. There are many impacts of abrogation of Article 370 on Jammu and Kashmir and the whole of India. The experiment was called Mahagathbandhan, the grand alliance. First, it unshackles Ladakh from the dynamics of J&K. She is a great philanthropist who is always ready to extend the hand of help to every needy who comes into her contact. Thus when Nehru deemed it fit, he did not allow constitutional guarantees to come in the way of his decisions- relying certainly on the subservience of individual provisions to the larger structure and purpose of the constitution. Jammu and Kashmir has a special position in terms of autonomy and the ability to create laws for the states permanent residents, which is highlighted in Article 370 of the Indian Constitution. 27 May 2023 The youth raise slogans for azadi without even understanding what they want azadi from. Article 370 A Constitutional History of J&K:- Download PDF Here The legal term "permanent residents" replaced the term "state subjects" in earlier laws. WebRT @ShefVaidya: 9 reasons why I feel my vote for @narendramodi was worth it! This presents a conundrum to the opponents of the move- first in pressing for interpretation while looking at the constitution of J&K in linking it to Article 370, and then in opposing interpretation while pressing for letter of the law of the Indian constitution in an attempt to de-link it from its right to remove it. Muhammad Ali Jinnah, the founder of Pakistan, on the countrys first day as a nation. And why was there inadequate development in the state in previous years? Chinas biggest ally, Pakistan, feels some relief at the tying down of Indian Armed Forces and national attention in Ladakh, rather than continue with strident statements about Pakistan Occupied Kashmir (PoK). Many Kashmiris believe that the BJP ultimately wants to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to buy land there. We have to be patient. Article 370 was brought into force in 1949. Even if some of these reflect a positive sign, the dynamic is too complex to take heart only from the empirical data that shows improvement. WebArticle 370 In this article, UPSC aspirants will get to know what is Article 370 and Article 35A, important dates, controversies associated with Article 370 and its revocation. There is a 100% possibility that new educational institutions would open in the valley as a result of investors investments in Kashmir; this will educate children, particularly girls. However, when the growth story of India was taking a leap in the nineties, the security situation in J&K was bad enough to scare away even the most stout-hearted. And anyway, it has to be done to show the people of Jammu and Kashmir, the rest of India, and the world, that everyone will lead a better life in this new order. The Indian government claimed it was attacking a training camp for Jaish-e-Mohammed, the terrorist group that claimed responsibility for the bombing. Article 35A restricted such a purchase to permanent residents only. The Basic Principles committee of the Constituent Assembly recommended the abolition of the monarchy, which was unanimously approved by the Assembly on 12 June 1952. August 5 is the day when Jammu and Kashmir was bifurcated into two Union territories of Jammu & Kashmir and Ladakh in 2019. Gurugram - 122002. Do we run the risk of a repeat this time around? Meeting the growth aspirations of youth, as anywhere else, needs private sector participation. The Modi government disagrees and says the president of India, who is beholden to the ruling party, has the power to revoke the article. Jammu has achieved 100 per cent household electrification according to the NITI Aayog Sustainable Development Goal (SDG) India Index, 2020-21 report, about 53 per cent of rural households have access to drinking water, which is close to the national average of 51 per cent. In the first few days of August, there were signs of something afoot in Kashmir. Ultimately, it is the people of Kashmir who have to give up the idea of azadi or support to Pakistan. [63][64] Home minister Gulzarilal Nanda (19631966) opined that the terms for the "special status" granted to Jammu and Kashmir in this Article included a "very simple" process to amend, by an Executive Order of the President of India, whereas the powers of all other states could only be amended by the "normal process of (constitutional) amendment [] subject to stringent conditions". Sir Narasimha Gopalaswami Ayyangar proposed the concept for Article 370. This law applied only to the female descendants of Kashmir subjects, and does not apply to the male descendants. The 'concurrence' was only provisional. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. Lincoln, the saviour of the integrity of the American union and a veritable hero of history for championing democracy and civil rights, was assailed throughout his presidency as being a dictator, a despot and a tyrant. The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 soon after the sub-continent was divided up at the end of British rule. The State was conferred the power to have its own constitution. Mrs. Manju Jain is a moving spirit behind the Indian Journal of Asian Affairs. Pakistan quickly returned the pilot, easing the diplomatic tensions. The laws for reservation of assemblies and government seats are also not applied in the state which comparatively leads to a domination by most Kashmiris in state government exams. [106] The bill became an Act after it was signed by the president. They accepted the Constitution of India as their own constitution. It is considered cheating because the public was informed that 10,000 troops had been sent to the Kashmir Valley because there was a possibility of a terrorist attack. [39], According to scholar Bodh Raj Sharma, at this stage, "235 articles of the Indian Constitution were inapplicable to the state of Jammu & Kashmir, 9 were partially applicable, and 29 were applicable in a modified form".[40]. Could he not see that a state was being broken into three Union Territories?" The administration of Prime Minister Narendra Modi revoked Article 370 of the Indian constitution, a 70-year-old provision that had given autonomy to the state of Jammu and Kashmir, which includes the Hindu-majority area of Jammu and the Muslim-majority Kashmir valley. Chinas statements were measured in suggesting that both countries should sort out things amicably, but its actions in Ladakh point to a convergence of interests with Pakistan, whether coincidental or intentional. [59] According to the Basic Principles Committee: While preserving the internal autonomy of the State, all the obligations which flow from the fact of accession and also its elaboration as contained in the Delhi Agreement should find an appropriate place in the Constitution. It explained that the clause (3) of the Article conferred power to the State's Constituent Assembly to recommend to the President on the matter of the repeal of the Article. Mr. Modis moves to integrate Kashmir into India are likely to be popular in much of the country. Article 370 was added to the Indian constitution shortly after the partition of British India to give autonomy to the former princely state of Jammu and Kashmir until a decision was made about its rule. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Temporary provisions with respect to the State of Jammu and Kashmir[28], (1) Notwithstanding anything contained in this Constitution,. The formation of Gupkar alliance: In the early hours of August 5, hundreds of political leaders and workers - including three former chief ministers Mufti, Omar Abdullah and his father Farooq Abdullah - were detained. The Union List of ninety-six subjects, including defence, military and foreign affairs, major transport systems, commercial issues like banking, stock exchanges and taxes, are provided for the Union government to legislate exclusively. The politics over this move would be better placed if it focuses on ways of bringing succour to the Kashmiri people, undoubtedly under stress, as early as possible. Kashmiris now have the right to know everything because the nation would be under one flag and one nation. The debate over the action, therefore, The President issued an order stating that he will rule the union territory of Jammu and Kashmir directly until the legislative assembly is constituted in the union territory.[110]. "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. Indian soldiers near the remains of an Indian aircraft after it crashed on Wednesday. [25][26][27][10], 370. It limited the power of India's central government over the territory. Your IP: [63], This process has been termed the 'erosion' of the Article 370. "You may think you have scored a victory, but you are wrong and history will prove you to be wrong. Your email address will not be published. Web- March 2, 2020 Abrogation of Article 370 Abrogation of Article 370 Article 370 of the Constitution was abrogated by the BJP government on August 5, 2019. Simply put, there wont be any distinction between J&Ks permanent residents and the rest of the states citizens. For this, he was attacked by many of his contemporaries varyingly, as a tyrant who hoisted the banner of consolidation to destroy the rights of states, of heading a government of absolute despotism in Washington and making the people of the United States no longer a government of laws. It will take at least two generations to change the mindset of people. The village of Gujran, in the upper section of Tulail Valley, Kashmir. The next day, Pakistani and Indian fighter jets engaged in a skirmish over Indian-controlled territory, and Pakistani forces downed an Indian aircraft an aging Soviet-era MiG-21 and captured its pilot. Ans. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to Constituent Assembly of Jammu and Kashmir, Jammu and Kashmir Reorganisation Act, 2019, The Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, National Human Rights Commission (NHRC) Act, Talk:Article 370 of the Constitution of India/Archive 1, Learn how and when to remove this template message, Jammu and Kashmir Peoples Democratic Party, Indian revocation of Jammu and Kashmir's special status, Jammu and Kashmir Reorganisation Bill, 2019, 2014 Jammu and Kashmir Legislative Assembly election, Instrument of Accession (Jammu and Kashmir), Article 370 and the Constituent Assembly Debates, Article 370: India strips disputed Kashmir of special status, "How the status of Jammu and Kashmir is being changed", "Article 370: 10 facts that you need to know: Highlights, News India Today", "Article 370 is permanent, rules J&K High Court", Article 370 has acquired permanent status: Supreme Court, "Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union", Article 370 rendered toothless, Article 35A ceases to exist, President declares abrogation of provisions of Article 370, "Jammu and Kashmir Live News: Article 370 to be revoked, J&K to be reorganised", "Kashmir debate LIVE: LS passes Bill reorganising Jammu and Kashmir", "Article 370 Live News: Lok Sabha passes bill to bifurcate J&k, a step closer to becoming a law", "SC to examine legal challenge to abrogation of Article 370; refers matter to 5-judge Constitution bench", "Article 370 matter stays with 5-judge bench, SC accepts govt's stand", "Article 370: Supreme Court refuses to refer pleas challenging J&K decision to larger bench", Menon, The Story of Integration of the Indian States (1956), Article 370, granting special status to the state, is permanent: Jammu and Kashmir High Court, BJP is quiet since I explained Article 370 to Modi: Jethmalani, Cottrell, Kashmir: The vanishing autonomy (2013), Kumar, The Constitutional and Legal Routes (2005), Chowdhary, Politics of Identity and Separatism (2015), Puri, State Politics: Jammu and Kashmir (2015), "Central Enactments Applicable To State of Jammu And Kashmir in Alphabetical Order", "Order extraordinaire: J&K's immunity set aside by the NHRC", "Zee News: Latest News, Live Breaking News, Today News, India Political News Updates", "BJP Manifesto for 2014 General Elections", "Omar Abdullah & Ram Madhav start war of words over Article 370 Economic Times", "Article 370: Integral review of Article 370 overdue, but needs cooperation not confrontation: Congress leader Karan Singh", Art 370 permanentcannot be repealed or amended: HC, "Special status to J-K: Article 370 not a temporary provision, says Supreme Court", "India's BJP releases manifesto before elections", "Ahead of Indian election, Modi's party vows to strip Kashmir of special rights", "Indian PM makes election vow to remove disputed Kashmir's special rights", https://news.statetimes.in/panun-kashmir-condemns-demand-to-restore-articles-370-35a/, "Time for Article 370, 35A of Constitution to go, says Panun Kashmir president", "Removal of Article 370 gave hope: J&K youth activists", "Leaders and thinkers of J&K bat for interfaith dialogue", "PM, BJP announcements vindicate Ikkjutt Jammu stand on Articles 35A, 370: Ankur", "Gazette of India, Extraordinary, Part II, Section 3", "No Article 370 for Jammu & Kashmir, historic move by Modi govt", Already, Rajya Sabha Clears J&K As Union Territory Instead Of State, "Lok Sabha passes J&K Reorganisation Bill with 370 votes for and 70 against it", "Jammu and Kashmir bifurcated: India has one less state, gets two new Union Territories in J&K, Ladakh", "J&K, Ladakh UTs get new Lieutenant Governors | DD News", "GC Murmu sworn in as J&K's first Lieutenant Governor, RK Mathur takes oath as Ladakh's first LG", "President rule imposed in J&K finally revoked | DD News", "Full text of Constitution of Jammu and Kashmir", "The Constitution (Application to Jammu and Kashmir) Order, 1950", "The Constitution (Application to Jammu and Kashmir) Order, 1954", Report of the State Autonomy Committee, 2000, "The Constitution (Application to Jammu and Kashmir) Order, 2019 c.o. The procedure for amendment is prescribed in article AIMIM chief Asaduddin Owaisi on Wednesday said he wouldn't support Delhi CM Arvind Kejriwal in his fight against the Centre's ordinance on Delhi services matter. The Indian Supreme Court declared in April 2018 that since the state constituent assembly had ceased to exist, Article 370 had become permanent. Even if they cant answer why it is wrong, the common refrain is yeh theek nahin hua, especially Jammu and Kashmir being downgraded to a Union Territory. The great Abraham Lincoln, whose immortal lines from his famous Gettysburg address in 1863, of government of the people, by the people and for the people have attained meaning in popular imagination of being the very definition of democracy, would have supported the Narendra Modi governments move to abrogate Article 370 in philosophy- had he been alive. Article 370 was designed to protect those rights. After the state constituent assembly was convened, it recommended the provisions of the Indian constitution that should apply to the state, based on which 1954 Presidential Order was issued. The Legislative Assembly elected Karan Singh, who was already acting as the Prince Regent, as the new Sadar-i-Riyasat. Thirdly, when the time is right, restoring statehood will be a doable step, which can assuage the people, and set the groundwork for the start of a political process. Thank You, Your details have been submitted we will get back to you. 27 May 2023 10:56:37 The Central Laws (Extension To Jammu And Kashmir) Act, 1956, The Central Laws (Extension To Jammu And Kashmir) Act, 1968, This page was last edited on 17 May 2023, at 12:56. Article 35A was repealed by the Jammu and Kashmir Reorganization Act of 2019. On July 22, Mr. Trump hosted Mr. Khan at the White House. Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions". (3) Notwithstanding anything in the foregoing provisions of this article, 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. [47], The provisions implementing the Delhi Agreement were:[48][49], In addition, the following provisions which were not previously decided in the Delhi Agreement were also implemented:[50][51][46], Background: The State Government's decision to abolish the monarchy led to increased agitation by the Jammu Praja Parishad, which found support among the Ladakhi Buddhists and the Hindu parties of India. Regional autonomy, which was formalized through Article 370, was a key inducement. 272", "Declaration under Article 370 (3) of The Constitution, 2019 c.o. [12][101], The Presidential Order 2019 also added clause (4) with four sub-clauses to Article 367 under "interpretations". As the tumult of the time necessitated, he frequently resorted to numerous seemingly-undemocratic measures, including suspension of the Habeas Corpus, undertaking actions that supplanted decision-making by the Congress, locking horns with and vetoing of the Supreme Court of the United States and rebutting the southern states repeated claims on their constitutional rights to secede. WebOpinion Abrogation of Article 370 was long overdue. Though not equipped with high academic degrees, she is an insightful analyst of current issues of global and regional significance. People have tasted the benefits of life without strife and one that affords opportunities to partake in growth, just as any other state. President's Rule is not applicable to and is not needed in a union territory as the union territory anyway is controlled by the central government. In all terms, revocation of Article 370 is a good attempt from Indias point of view and for the development of Jammu and Kashmir and its citizens. Required fields are marked *. The BBC's Geeta Pandey in Delhi explains why this has happened and why it's important. The Kashmiris will also benefit economically if they sell their lands to the Indians on a leasing basis. Read about our approach to external linking. In J&K, democracy will now suffer. In 2014, as part of Bharatiya Janata Party manifesto for the 2014 general election, the party pledged to integrate the state of Jammu and Kashmir into the Union of India. [108] Both the Lt. Governors were sworn in by Justice Gita Mittal, the Chief Justice of Jammu and Kashmir High Court, on 31 October 2019, first at Leh for Ladakh UT and then at Srinagar for Jammu and Kashmir UT. 2020 Manju Jain The Constitution of Jammu and Kashmir was rendered infructuous by The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. This item is part of a JSTOR Collection. The Indian Supreme Court declared in April 2018 that since the state constituent assembly had ceased to exist, Article 370 had become permanent. The article [i] Further, the state gave special privileges to the permanent residents in matters such as residence, property, education and government jobs, which were unavailable to others. WebRT @ShefVaidya: 9 reasons why I feel my vote for @narendramodi was worth it! WebAbrogation of Article 370 has opened J&K to investors and even FDIs. FP Staff August 05, 2021 15:39:17 IST Representational Image. On August 5th, 2019, the internet was shut off, hundreds of troops were summoned, landlines were disconnected, and even Kashmiri lawmakers were placed under house arrest. Explanation [1950 wording]: For the purpose of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March 1948; Explanation [1952 wording]: For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.[e]. Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government. The new All India Institute Of Medical Sciences, Indian Institute of Technology, Indian Institute of Management, and about 50 other new educational institutions are going to create opportunities for at least 25,000 students. Two huge IT parks are being set up in Jammu and Srinagar. Reading Ambedkar's works in conjunction with the historical realities of his times provides interesting insights into the mind of the most revered historical figure of contemporary India. The amendment represented the abolition of the monarchy of Jammu and Kashmir. [9][10], On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. The comparison is fallacious, in that it pitches the question of preservation of specific cultures and traditions against the question of uniformity of law, national integration, security and social justice. They are key to integration. They can now buy property and also apply for government jobs. The question is one of jurisdiction: Does the government of India have the power to do this?. In fact, currently, the ceasefire on the LoC is holding out and 90 terrorists have been eliminated this year. However, the Constituent Assembly was dissolved on January 25, 1957, without recommending the abrogation of the article. P Chidambaram, a senior leader in the opposition Congress Party described the decision as a "catastrophic step" and warned in parliament that it could have serious consequences. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. Particular provisions or sentences cannot be read so as to defeat the basic enterprise of a united and constitutional nation. Now, if the Article 370 is abrogated, there shall be violation of the Treaty. Pakistan has backed many of those militants, as well as terrorists who have struck deep inside India most brutally in a four-day killing spree in Mumbai in 2008, which left more than 160 people dead. RT @ShefVaidya: 9 reasons why I feel my vote for @narendramodi was worth it! Although Article 370 is still a part of the constitution, the Indian government declared it to be inoperative in order to get around this legal hurdle. The Union governments interpreted the "concurrence of the state government" under these circumstances to mean the Governor. According to this article, only citizens of Jammu and Kashmir who dwell there year-round are eligible to purchase real estate there and cast ballots in local elections. To download, General Studies PDF, please fill the form. [43], The State's prime minister Sheikh Abdullah was slow to implement the provisions of the Delhi Agreement. "It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place.". To him, the nations destiny could not be held hostage to the semantics of legal language or the obstinacy of technicalities- nor could the interpretation of the constitution be allowed to saunter beyond the realm of rationality and confront the very existence and preservation of the union. Priyvrat is a writer, conservationist and a student of history. And so would have Jawaharlal Nehru! In subsequent years, other provisions continued to be extended to the State with the 'concurrence' of the State Government.[37]. [16][17][18] The reorganisation took place on 31 October 2019. That body dissolved itself in 1957, and India's Supreme Court ruled last year that Article 370 is therefore a permanent part of the constitution. The Presidential order of 1950, officially The Constitution (Application to Jammu and Kashmir) Order, 1950, came into force on 26 January 1950 contemporaneously with the Constitution of India. Owaisi said. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election manifesto. Whether you live in India or overseas, you can take a paid subscription by clicking here. To Lincoln, who led the United States through its most difficult phase in history, the provision and vision of the constitution rested upon the premise of service to, and to benefit of, his nation. Permanent residents of Jammu and Kashmir were given exceptional privileges and rights under Article 35 A, including the ability to purchase property there, preference in hiring for positions in the public sector, and other benefits. Does this mean that all is well? Separate flag of Jammu and Kashmir became defunct: After the abrogation of Article 370, the civil secretariat in Srinagar hoisted the Indian Tricolour, while the state's own flag was missing. It cannot be done by government or public sector jobs alone. Although Home Minister Amit Shah's announcement in parliament on Monday came as a surprise to most Indians, it would have taken the government some preparation to arrive at the decision. Jammu and Kashmirs flag was missing. Now that Article 370 has been abolished, Jammu & Kashmir is fully covered by the Indian Constitution and all 890 Central legislation. Today, it is the second anniversary of the historic decision, which left a deep impact on the region. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. IN OUR CONSTITUENT ASSEMBLY this seventeenth day A new beginning was made. It was reintroduced in J&K legislative houses in August 2004 as an amendment to the state constitution, but it failed to pass the Upper House of the state by the required two-thirds majority. Jammu and Kashmir now abides by all legislative amendments made by the parliament, including the Right to Information Act and the Right to Education Act. But that peace has come at a high cost. Sustaining this needs support from wonderful readers like you. [11][12][13][14] A further order on 6 August made all the clauses of Article 370 except clause 1 to be inoperative.[15]. Pakistan, for its part, said it will exercise all possible options to counter the illegal steps taken by India. [67], India's constitution is a federal structure. As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. Copyright HT Digital Streams Ltd. All rights reserved. having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves Tens of thousands of additional Indian troops were deployed, a major Hindu pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave, telephone and internet services were suspended and regional political leaders were placed under house arrest. [12][k] According to Jill Cottrell, some of the Presidential orders under Article 370 have been issued since 1954 in similar circumstances when the state was under President's rule. I was the Corps Commander in 2015, when Prime Minister Narendra Modi visited Srinagar and announced a package of Rs 80,000 crore for various development schemes. Article 371 does not create a state within a state, often at cross-roads with it, endangering national security, promoting discrimination, inequality and sectarian strife, going against basic tenets of Indian democracy as Article 370 did. But there can be no lasting peace until the people start to think differently. WebAugust 5, 2019, has been a historic day for India, as every Indian welcomed the decision of the government. In the Valley, things are looking up. Article 370 violated virtually every parameter of a liberal democracy- that of pluralism through its creation of religious divisions in the state and its governance, that of equal opportunity and civil rights by professional and social exclusions and that of basic equality of law. Article 370 is still a part of the constitution. WebAnswer (1 of 40): Thanks for A2A 1) What is Article 370 ? With the abrogation of Article 370, the central government made changes to over 400 laws in the newly created union territories of Jammu and Kashmir and Ladakh. [59], In addition to these original orders, forty-seven Presidential orders were issued between 11 February 1956 and 19 February 1994, making various other provisions of the Constitution of India applicable to Jammu and Kashmir. Financial relations between the Centre and the State were placed on the same footing as the other States. [65][h], The effect of the Presidential orders issued since 1954 had been to extend 94 of the 97 subjects in the Union List (the powers of the Central Government) to the State of Jammu and Kashmir, and 260 of the 395 Articles of the Constitution of India. Simultaneously, the, The Central Government was given power to declare. He undertook these measures as history would prove, for the larger cause of preservation of the union- which he claimed was his oath registered in heaven. But that peace has come at a high cost. [41][42], Background: The Constituent Assembly of Jammu and Kashmir was elected in 1951 and convened on 31 October 1951. on Article 370 Removed, Meaning, Effects, Advantages & Disadvantages, Precious Metals and Gems, Gold, Diamond, Silver, Platinum, for UPSC 8 February 2023. Some of them are positive, rest are negative. It could also bar Indians from outside the state from purchasing property or settling there. What has existed for decades cannot be undone overnight. It would be a surprise that removal of an article which in its being carries the title of temporary should cause upheaval and disquiet. [42][44], The Presidential order of 1954, officially The Constitution (Application to Jammu and Kashmir) Order, 1954 came into force on 14 May 1954. Lord Louis Mountbatten, left, had overseen the partition of the subcontinent. These certificates are required by the Jammu and Kashmir state officials from anyone seeking to acquire immovable property, education or employment within the state. Weekly quiz: What was New York's sunset phenomenon called? According to the State Autonomy Committee, ninety-four of the ninety-seven items in the Union List applied to Jammu and Kashmir; the provisions of the Central Bureau of Intelligence and Investigation and preventive detention did not apply. Fill the form again here, Your email address will not be published. While political parties in Jammu and Kashmir have vowed to continue their struggle for restoration of statehood, here is a look at big changes which have taken place in these two years: People from outside J&K can buy land there: In October last year, the Centre paved the way for people from outside Jammu and Kashmir to buy land in the union territory. Thus, the Article was considered to have become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in April 2018. NYTimes.com no longer supports Internet Explorer 9 or earlier. Article 370s elimination helps the people of Kashmir since it allows them to join the rest of India. It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b(i) of the Article 370. Region will combine Muslim-majority Kashmir and Hindu-majority Jammu this year why abrogation of article 370 is good from the territory per cent of grant. Been a historic day for India, as the new Sadar-i-Riyasat webanswer ( 1 of 40 ) Thanks... A certain word or phrase, a SQL command or malformed data youth raise slogans for without... To exist, Article 370 ( 3 ) of the Rashtriya Janata Dal ( )... 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