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• • • Article 370 of the is an article that gives autonomous status to the state of. The article is drafted in of the Constitution: Temporary, Transitional and Special Provisions. The, 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. After the J&K Constituent Assembly later created the and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. Contents • • • • • • • • • • • • • • • • • • Purpose [ ] The state of 's original accession, like all other princely states, was on three matters: defence, foreign affairs and communications. All the princely states were invited to send representatives to India's Constituent Assembly, which was formulating a constitution for the whole of India. They were also encouraged to set up constituent assemblies for their own states.
Most states were unable to set up assemblies in time, but a few states did, in particular,. Even though the States Department developed a model constitution for the states, in May 1949, the rulers and chief ministers of all the states met and agreed that separate constitutions for the states were not necessary. They accepted the Constitution of India as their own constitution. The states that did elect constituent assemblies suggested a few amendments which were accepted.
The position of all the states (or unions of states) thus became equivalent to that of regular Indian provinces. In particular, this meant that the subjects available for legislation by the central and state governments was uniform across India. In the case of Jammu and Kashmir, the representatives to the Constituent Assembly requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State. Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only with the concurrence of the State's constituent assembly.
This was a 'temporary provision' in that its applicability was intended to last till the formulation and adoption of the State's constitution. However, the State's constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370.
Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the and the, the latest of which was in April 2018. Text [ ] 370. Main article: Preamble and Article 3 of the Constitution of Jammu and Kashmir states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Article 5 states that the executive and legislative power of the State extend to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. The constitution was adopted on 17 November 1956 and came into force on 26 January 1957. Implications [ ] This article specifies that the State must concur in the application of laws, except those that pertain to Communications, Defence, Finance, and Foreign Affairs.
Download for free (or view) PDF file Schedule 11 Constitution of India for Competitive Exams. Visit Examrace for more files and information on Study-Material: Political-Science. Defence of India and every part thereof including preparation for defence and all. The constitution and powers within such areas of cantonment authorities.
The between Kashmiri politician and then Prime Minister stated, 'The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India'. In notifications issued as far back as 1927 and 1932, the state created various categories of residents – with some being called permanent residents (PRs) with special rights. Though the law did not discriminate between female and male PRs, an administrative rule was introduced to the effect that women could remain PRs only till marriage. After that they had to seek a fresh right to remain PRs. And if a woman married someone who wasn’t a J&K PR, she automatically lost her own PR status. But a 2002 high court ruling made it clear that a woman will remain a PR even after marriage to a non-PR, and enjoy all the rights of a PR.
A People's Democratic Party (PDP) government, led by Mehbooba Mufti, passed a law to overturn the court judgment by introducing a bill styled “Permanent Residents (Disqualification) Bill, 2004’. This was not Mufti’s solo effort. Omar Abdullah’s party, the, backed this Bill and got it passed in the lower house of the assembly. But it did not ultimately see the light of day for various reasons., the state's Prime Minister and leader of the Muslims in the Valley, found the inclusion of Article 370 in the 'Temporary and Transitional Provisions' of the Constitution's Part XXI unsettling. He wanted 'iron clad guarantees of autonomy'. Suspecting that the state's special status might be lost, Abdullah advocated independence from India, causing New Delhi to dismiss his government in 1953, and place him under preventive detention. In December 2016, the set aside a judgement of the High Court of Jammu and Kashmir which stated that Jammu and Kashmir had 'absolute sovereign power' on account of Article 370.
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