Full Information of Article 370 The Constitution of India

Article - 370 The Constitution of India:-

Article 370 of the Constitution of India grants special status to Jammu and Kashmir part of the larger region of Kashmir in the north of the Indian subcontinent, which has been disputed between India, Pakistan, and China since 1947. As the administration of Jammu and Kashmir. .. One. State from India from 17 November 1952 to 31 October 2019 and Article 370 granted a separate constitution, state flag, and the right to self-governance.

Article 370 was drafted in the section titled "Temporary, Transitional and Special Provisions" of the Constitution of India. He said that the Jammu and Kashmir Constituent Assembly will have the right to recommend to what extent the Indian Constitution should be implemented in the state. Rajya Sabha can also completely repeal Article 370, in such a situation all the sections of the Indian Constitution will apply to the states.

It was recommended to the State under the provisions of the Constitution of India by Presidential Order in 1954, after the meeting of the State Constituent Assembly. Since the State Constituent Assembly was dissolved without recommending the abrogation of Article 370, this article came into consideration. It has become a permanent feature of the Constitution of India.

On 5 August 2019, the Government of India issued a Presidential Order repealing the 1954 Order and making all provisions of the Constitution of India applicable to Jammu and Kashmir. The order was based on a resolution passed by a two-thirds majority in both houses of the Parliament of India. In another order on August 6, all sections of this section were repealed.

A total of 23 petitions challenging the constitutionality of the abrogation of Article 370 of the Constitution were filed in the Supreme Court of India, comprising a five-judge bench. On December 11, 2023, a five-judge Constitution bench unanimously upheld the constitutionality. Article 370 of the Constitution should be repealed.

Meaning:-

Like all other states, Jammu and Kashmir’s inaugural meeting was held on three themes: defense, foreign relations, and communication. All the princely states were invited to send representatives to the Constituent Assembly of India, which drafted the All-India Constitution. They were also encouraged to set up a Constituent Assembly for their state. Most of the states were unable to form legislatures in time, but a few, notably Saurashtra, Travancore-Cochin, and the Mysore Union did. Although the State Department drafted a Model Constitution for the States, on May 19, 1949, in the presence of the State Department, all the Heads of State and the Prime Minister met and agreed that a separate Constitution was needed for the States. Not there. Not there. He considered the Constitution of India as his own Constitution. The states that elected the Constituent Assembly suggested some amendments which were adopted. Thus all the states (or federation of states) became equivalent to the regular Indian provinces. Specifically, it meant that the subjects available for legislation by the central and state governments were uniform across India.

The delegates to the Constituent Assembly of India urged that the same provisions of the Constitution of India would apply to those states which complied with the basic machinery of membership and that other matters should be decided by the State Constituent Assemblies. The Government of India accepted these demands on May 19, shortly before the above meeting with the other states. Hence, Article 370 was incorporated into the Constitution of India stating that other Articles of the Constitution conferring powers on the Central Government in Jammu and Kashmir come into force only with the consent of the Constituent Assembly of the State. This was a "temporary provision" because its applicability would continue until the state constitution was drafted and adopted. However, on 25 January 1957, the State Constituent Assembly was dissolved without recommending repeal or amendment of Article 370.

Original text:-

370. Temporary provisions relating to the State of Jammu and Kashmir.

For this Article, the Government of the State of Jammu and Kashmir, on the recommendation of the State Assembly and such person as may be recognized by the President in the meantime. Remain in office for some time on the advice of the Council of Ministers of State.

(a) The provisions of Article I and this Article shall apply concerning that State.

provided that there is no such order on the matters specified in the Memorandum of Accession of a State referred to in paragraph (i) of subsection
(b) shall be issued except on the advice of the State Government:
provided that, except in the cases specified in the last instance, no such order was issued without the consent of that Government.

Analysis:-

Clause 7 of the Charter of Accession signed by Maharaja Hari Singh stated that the state could not be forced to accept any future constitution of India. The state had the right to make its constitution and decide for itself what additional powers should be given to the central government. Article 370 was drafted to protect these rights. Constitutional researcher A.G. According to Noorani, Article 370 symbolizes a "serious compromise". Subject to the terms of this Article, neither India nor any State may unilaterally amend or repeal this Article.

Article 370 had six special provisions for Jammu and Kashmir:

1. The States were excluded from the full applicability of the Constitution of India. The state was given the right to make its constitution.

2. At the time of its formation, central legislative authority over the states was limited to three subjects: defense, foreign affairs, and communications.

3. Other constitutional powers of the Central Government can be extended to the States only with the consent of the State Government.

4. The 'consent' was only temporary. The State Constituent Assembly has to approve it.

5. The State Government has the power to give 'consent' until the State Constituent Assembly is convened. After the Bill of Rights was finalized and distributed by the State Constituent Assembly, further expansion of powers was not possible.

6. Article 370 could be repealed or amended only on the recommendation of the State Constitutional Assembly.

After the meeting of the State Constituent Assembly on 31 October 1951, the power of the State Government to grant 'permission' was withdrawn. After the State Constitution was approved and dissolved by the Constituent Assembly on 17 November 1956, the sole power of the Central Government to confer further powers or take over central institutions disappeared.

7. This understanding of the constitutionality of Centre-state relations informed India's decisions until 1957, says Noorani, but was later abandoned. In subsequent years, other provisions were implemented in the state with the 'consent' of the state government.

President's orders -:

When Article 370 was originally drafted, only two articles of the Indian Constitution were fully applicable in Jammu and Kashmir. The other provisions of the Constitution shall apply subject to such exceptions and modifications as may be specified by the President in his order in consultation with or with the agreement of the State Government. In the exercise of these powers conferred by Article 370 of the Constitution, the President has issued several orders with the concurrence of the State Government of Jammu and Kashmir.

Presidential Orders of 1950:-

The Presidential Order 1950, formally the Constitution (Jammu and Kashmir Application) Order, 1950, came into force on 26 January 1950 and the Constitution of India. The matters and Articles of the Constitution of India along with the instruments of membership under Article 370 have been referred to.

Thirty-eight items in the Union List are mentioned as subjects on which the Central Legislature can enact State legislation. Ten of the twenty-two Articles of the Constitution of India have been extended to Jammu and Kashmir through amendments and without the consent of the State Government.

According to scholar Bodhraj Sharma, the section "235 articles of the Constitution of India were not applicable in the state of Jammu and Kashmir, nine were partially applicable and 29 were applicable as amended".

This order was superseded by a Presidential Order in 1954

Presidential Order of 1952:-

The Presidential Order of 1952 was issued on 15 November 1952 at the request of the State Government. He amended Article 370 and substituted the words "recognized by the President as a Sadar-e-Riyasat on the recommendation of the Council of State" for the words "recognized by the President as the Maharaja of Jammu and Kashmir". used the. This amendment represents the abolition of the monarchy| in Jammu and Kashmir.

Background:-

The Jammu and Kashmir Constituent Assembly was elected in 1951 and met on 31 October 1951, the Constitution Committee of the Constituent Assembly recommended the abolition of the monarchy which the Assembly unanimously recommended on 12 June 1952. The Hindu-dominated Jammu Praja Parishad was a. The memorandum was submitted to the President of India demanding full implementation of the Constitution of India in the State. 

Prime Minister Sheikh Abdullah delayed the implementation of the provisions of the Delhi Accord. In August 1952, however, the State Constituent Assembly passed a resolution abolishing the monarchy and replacing it with an elected President (called the Sadr-e-Riyasat). Despite opposition to the passage of these narrow conditions, the central government agreed, resulting in a presidential decree in 1952.

Presidential Order of 1954:-

Presidential Order 1954, officially the Constitution (Application to Jammu and Kashmir) Order, 1954, came into force on 14 May 1954. This was a stringent order issued with the consent of the 1952 State Constituent Assembly, which sought to implement the Delhi Agreement. , it is done, of course, this went some way beyond the Delhi Agreement.

The implementing provisions of the Delhi Agreement were:-

1. Indian citizenship is extended to 'permanent residents' (formerly called 'state subjects') of Jammu and Kashmir. Furthermore, Article 35A has been added to the Constitution, which empowers state legislatures to enforce the rights of permanent residents concerning property, residence, and employment in the state.

2. The fundamental rights of the Constitution of India extend to the States. However, the state legislature has the right to pass laws prohibiting detention for purposes of internal security. The government's Land Reform Act (which took land without compensation) was also protected.

3. The jurisdiction of the Supreme Court of India extends to the states.

4. The central government has the power to declare a national emergency in case of foreign invasion. However, for internal concerns, its power to do so can be exercised only with the consent of the State Government.

It also implemented the following provisions which were not previously included in the Delhi Agreement.

1. Financial relations between the Center and the States are equal to those between the other States. Government tax laws have been abolished.

2. Decisions affecting the nature of the State can be taken by the Central Government, but only with the approval of the State Government.

Background:-

The state government's decision to abolish the monarchy led to the rise of the Jammu Praja Parishad movement, which was supported by Ladakhi Buddhist and Hindu groups in India. In response, Sheikh Abdullah began to question the importance of accepting Kashmir into India and lost the support of his cabinet members. On 8 August 1953, Sadar-e-Riyasat Karan Singh relieved Sheikh Abdullah as Prime Minister and replaced him with his former deputy Bakshi Ghulam Mohammed. Abdullah and many of his comrades were arrested and put in jail.

The recommendations of the Commission on Fundamental Principles and the Advisory Commission on Fundamental Rights and Citizenship were approved unanimously by the Pure Assembly with 60 of the original 75 members voting in favor: According to the Commission on Fundamental Principles:

The fact of accession contained in the Delhi Agreement and all the obligations arising from its scope should find their rightful place in the Constitution while preserving the internal independence of the State.

Other Presidential Decrees (1955-2018):-

In addition to these original orders, between February 11, 1956, and February 19, 1994, forty-seven Presidential Orders were issued, making other provisions of the Constitution of India applicable to Jammu and Kashmir. All these orders are issued by a Constitutional Court without the 'consent of the State Government' Some of these presidential orders were issued when the country was under presidential rule and “there was no government in Kashmir,” Jill Cottrell said. The constitutional validity of this process was confirmed by the Supreme Court of India in 1972

Presidential orders issued since 1954 had the effect of extending 94 out of 97 Articles from the Central List (powers of the Central Government) to the State of Jammu and Kashmir and extending 260 out of 395 Articles of the Constitution of India. According to Cottrell, the order was issued as an amendment, not a replacement, of the 1954 presidential decree, presumably because its constitutionality was questioned.

This process is called the 'erosion' of Article 370. Home Minister Gulzarilal Nanda (1963-1966) said that the article included a "very easy" procedure for altering the terms of the "special status" granted to Jammu and Kashmir, which of... .. Executive Order of the President of India, while the powers of all other States can be changed only "through the normal (constitutional) amendment process. Subject to strict conditions". According to him, the "only way" to take the Indian Constitution to Jammu and Kashmir was Article 370. Similarly, Nanda's followers in the home ministry interpreted the article as "many vehicles and many wishes have already passed." The tunnel."

Autonomy of Jammu and Kashmir: Structure and Boundaries:-

The Constitution of India is the Constitution of the State. Legal entities are divided into ‘Union List’, ‘State List’, and ‘Modern List’. A central list of ninety-six subjects, including defense, foreign military affairs, major transport systems, banking, stock exchanges, taxation, and other commercial matters, are referred directly to the central government for legislation. The relevant list, where the Center and States can legislate, includes criminal law, marriage, bankruptcy, trade unions, business, and price regulation, with central legislation taking precedence over conflict of laws. The Union has ‘residual powers’ to legislate on matters not covered by the Constitution. The Union may also designate certain industries, waterways, ports, and so on. As 'citizens', this time they became subjects of the Union.

In the case of J&K, the ‘Union List’ and the ‘General List’ were initially limited to the subjects specified in the accession documents; They were later expanded with the permission of the State Government. ‘Residual power’ belongs to the state, not the Union According to the State Independence Committee, 94 out of 97 points of the Union agenda apply to Jammu and Kashmir; Central Intelligence and Investigation Bureau and arrest provisions were not implemented. Twenty-six of the forty-seven articles of the ‘Reconciliation List’ apply to Jammu and Kashmir; In addition to marriage and divorce, infants and children, transfer of property beyond agricultural land, contracts and torts, bankruptcy, trusts, courts, family planning and charities, the state had exclusive powers to legislate elections to state bodies.

Application of Indian law in Jammu and Kashmir:-

Acts passed by the Parliament of India were later extended to Jammu and Kashmir.

1. As per All India Service Act
2. Negotiable Instruments Act
3. Border Security Act
4. Central Vigilance Commission Act
5. The law of necessity
6. Law of the Hajj Committee
7. Income Tax Act
8. Central Act on Goods and Services Tax,
9. Law on Integrated Tax of Goods and Services,
10. Central Act (Extension to Jammu and Kashmir),
11. Central Act (Extension to Jammu and Kashmir),

The invalidity of the National Human Rights Commission (NHRC) Act, citing Section 370, was lifted in 2010.

Constitution of Jammu and Kashmir:-

The Preamble and Article 3 of the previous Constitution of Jammu and Kashmir declared that the State of Jammu and Kashmir is and shall remain an integral part of the Union of India. Section 5 extends the executive and legislative power of the State to all matters for which the Parliament has the power to make laws for the State under the provisions of the Constitution of India. The constitution was ratified on 17 November 1956 and entered into force on 26 January.

The Constitution of Jammu and Kashmir was repealed by the Constitution (Jammu and Kashmir Application), 2019 (CO 272), issued by the President of India on 5 August.

Human rights:-

The Presidential Decree of 1954 extended, inter alia, to Kashmir, without exception, the fundamental rights enshrined in the Constitution of India. The state legislature amended that and added the Prisoner Immunity Act, which grants immunity from civil rights challenges for twenty-five years and, according to Cottrell, gives J&K autonomy and special status to maintain "low standards of human rights".

Stability Issues:-

Article 370 recognizes the special status of J&K in terms of autonomy and ability to make laws for permanent residents of the state. Additionally, the state granted privileges to permanent residents in matters such as housing, housing, education, and government jobs that were not available to others. Article 35A of the Constitution of India has been interpreted by some Kashmiri authorities on the basis that state law cannot be challenged on the ground that it violates the rights granted to all citizens of India by the national constitution.

About women's rights:-

Jammu and Kashmir state government officials issue "Permanent Residence Certificate", however, this certification varies according to gender. Certificates issued to women bear the words "valid until marriage", while certificates issued to men bear no such marking. If a woman marries an Indian outside Kashmir, she is rejected a newly attested certificate.  Under state law, the Jammu and Kashmir High Court dismissed a Chhotu woman as an assistant professor at a government medical college in 1979 because she was married to a man outside Kashmir. Several other women – such as Rohana Sharma, Anjali Khosla, Aaha Jain, Kamala Rani, Rita Gupta, and others – have sued the state government, alleging separate but related gender discrimination. That case was reviewed by a working committee in 2002 against the Supreme Court, which overturned the earlier decision and found that the state had discriminated against the Bad Cases.

In 2004, the Jammu and Kashmir Legislative Assembly enacted the Permanent Resident (Retirement) Bill – also known as the Girls Bill. The purpose of the new law is to promote the rights and birthright of the daughter of a permanent resident of the country if he marries the daughter of a resident of Jammu and Kashmir. This law applies only to the female lineage of restaurants, not the male lineage.

Of the Sehla Asha, under its sect, "Women who marry non-State subjects [entrepreneurs from other States in India or abroad] will no longer be able to claim State status, giving them preferential treatment in Government employment Could." "The ability to both manage and conquer will be lost." Opponents of the communists argue that this is "a violation of the rights of students under the Constitution of India and the rights of people under the law." Discrimination in their language has ended the freedom struggle of Jammu and Kashmir constitutionally "and this law was established to protect the ethnic identity of the people of Jammu and Kashmir." And Kashmir National Conference Party and Jammu and Kashmir People's Party formed the Democratic Party. Supported by the Indian National Congress Party, it was re-introduced in the Jammu and Kashmir Legislative Assembly in August 2004 as an amendment to the country's Constitution. But for, this it needed to leave the Upper House of the country with a two-thirds majority. Get involved in the doi song.

more news:-

Morang land distribution dispute:-

On 26 May 2008, an MoU was signed between the Government of India and the Government of Jammu and Kashmir for the creation of the Shri Marathaji Board (SASB) of 100 hectares (0.40 km2) of forest land. , Hindu pilgrim. Signed. , I have completed it. , [86] Hardline fundamentalists opposed the move, saying that Article 370 threatened to give the people of Jammu and Kashmir a separate identity and prevent Indian citizens from freely settling in Kashmir. The people of Kashmir strongly opposed the decision of the Indian Government. Due to the protests, the state governments of Jammu and Kashmir decided to back down and canceled the decision to approve the land. Tribal people in Jammu region protested against the withdrawal of the list.

Cancellation Request:-

In 2014, the Bharatiya Janata Party (BJP) promised to join the Indian Union as part of its manifesto for the 2014 general elections. After winning the elections, the party tried to merge with the parent organization Rashtriya Swayamsevak Sangh (RSS). Repeal Article 370. Karan Singh, former Congress chief and leader. Further, it should cooperate with the Government of Jammu and Kashmir in this regard.

However, in October 2015, the Jammu and Kashmir High Court ruled that Article 370 "cannot be removed, abrogated or amended". He emphasized that the content of this article gives the National Constitutional Council the power to recommend to the President the repeal of this article. Since no such recommendation was made before the dissolution of the Constituent Assembly in 1957, Article 370 took on the characteristics of a "permanent provision", even though it was said to be a temporary provision in the Constitution. This is what I said in April. 3, 2018 Court of India, see He concluded that since the State Constituent Assemblies did not exist, the President of India could not pass the mandatory provisions necessary for its dissolution.

In 2019, the Bharatiya Janata Party (BJP) also promised to grant membership of the Union of India to Jammu and Kashmir as part of its manifesto for the 2019 general elections.

Since its formation in 1990, the Kashmiri Hindu organization Panun Kashmir has criticized Article 370 and supported its abrogation along with Article 35A.

Jammu and Kashmir Task Force and ICCAT Jammu supported the union of Jammu and Kashmir by abrogating Articles 370 and 35A.

 Presidential Order in 2019 -:

On August 5, 2019, Home Minister Amit Shah announced in the Rajya Sabha (the upper house of the Indian Parliament) that the President of India has approved Art.  While the 1954 order had specified that only certain articles of the Constitution of India would apply to the state, the new order removed all those restrictions. In effect, this meant that the separate constitution of Jammu and Kashmir was canceled. 

Soon after the passage of the Presidential Order 2019 in the Rajya Sabha, Home Minister Amit Shah suggested that the President recommend an order to abrogate all sections of Article 370. We issued Constitutional Order 273 on Article 370 on August 6 after its passage. Decision. Both houses of the Parliament.

Changing situation in Jammu and Kashmir:-

On 5 August 2019, Home Minister Amit Shah introduced the Jammu and Kashmir Reorganization Bill, 2019 in the Rajya Sabha, which will bifurcate it into two separate union territories. And Kashmir and Ladakh became union territories. The bill proposed a Legislative Assembly in the Union Territory of Jammu and Kashmir, while the central region of Ladakh did not have a Legislative Assembly. The bill was finally passed by the Rajya Sabha with 125 votes in favor and 61 (67%) against. The bill was passed in the Lok Sabha the next day by 370 votes to 70 (84%). This bill became law after the signature of the President.

The two unions merged on October 31, 2019, which was celebrated as National Unity Day. The President of India appoints the Lieutenant Governor of the Union Territory of Jammu and Kashmir and the Lieutenant Governor of the Union Territory of Ladakh. Jammu and Kashmir High Court Chief Justice Gita Mittal administered the oath of office to both the Lieutenant Governors first in Leh in Ladakh UT and then in Srinagar in Jammu and Kashmir UT on 31 October 2019. On the night of 30 October 2019, the Govt. of the President ended in the State of Jammu and Kashmir under Article 356 of the Constitution of India. President's rule does not apply to the central region and is not necessary as the union territories are controlled by the central government. still. The President has issued an order that until the Legislative Assembly is formed in the Union Territory, he will directly rule the Union Territory of Jammu and Kashmir.

Jammu and Kashmir will there their constitution, national flag, internal administrative control, fi, nance, and communications.