Terms of the article have remained mired in controversy owing its. Oct 04, 2017 the problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Its proviso unequivocally laid down prior concurrence of the states government and ratification by its. Jun 07, 2019 people arguing for abrogation of the article say it has created certain psychological barriers between the state and the rest of the country thereby making it the root cause of all the problems. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. Abrogation of article 370 kashika mahajan bhartiyavidyapeeth college, b. Dec 08, 2014 demand for abrogation of article 370 it has been widely reported that because of article 370, jammu and kashmir does not have industries and progressive measures like mandal report on backward classes cannot be implemented. The union minister of state in the pmo said the decision to abrogate article 370 has uplifted the morale of grassroots level leaders in the state. The only way to repeal article 370 would be by the president through a notification but not without the concurrence of the constituent assembly. Therefore, article 370 cannot be modified by way of a presidential order under article 370 1d, the litigant said in its plea. A number of sikh and punjabi opinionists on august 10, 2019 issued a collective response to indian states move to strip the internationally disputed territory. Before, there has been demand by bjp and rss for abrogation of article 370.
Article 370 start download portable document format pdf and ebooks. An untold story rationale behind abrogation the rationale offered for seeking abrogation of article 370 of the constitution of india is to remove the autonomous status of the state of jammu and kashmir, and to allow its full integration to the indian union. The problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Article 370 text and the unknown background ramanis blog. In constitutional terms, the submissions stem from the basic premise that article 3701d had compartmentalised the entire gamut of constitutional provisions for their application to jammu and kashmir in the two provisos.
This document is a brief summary of progress that has been made on the problems posed in the document twenty open problems in. As the supreme court begins hearing petitions challenging the centres decision to abrogate article 370, its reluctant intervention to ensure the release of detainees and the lifting of restrictions on the media fails to inspire hope. By scrapping article 370, modi is going for a failed european model of nation building modi govts kashmir move is a fundamental reorientation of the way india handles diversities. Article 370 of indian constitution, read full explanation. Article 370 of the constitution was abrogated by the bjp government on august 5, 2019. Terms of the article have remained mired in controversy owing its unequal dispensation within. Article 370 raises doubt on the union of the state with india. Pil filed in supreme court against govts move on article 370. Jsw group chairman sajjan jindal has claimed that scrapping of archaic article 370 will bring in peace, prosperity and hope that the. Abrogation of article 370 and 35a and bifurcation of jammu and kashmir into two union territories was one of the biggest achievements of the narendra modi 2. Pdf in the aftermath of abrogation of article 370 researchgate. Abrogation of article 370 to develop the region is a good and bold step by the government. Amit shahs speech on article 370 highlights injustices of past, says pm modi. Ram janma bhoomi verdict none of these saw any kind of vr protests.
An essay on article 370 and special status of jammu and kashmir. Thinker and poet maulana hasrat mohini was opposed to the article, dr. Abrogation of article 370 a myth or reality legal service india. Demand for abrogation of article 370 it has been widely reported that because of article 370, jammu and kashmir does not have industries and progressive measures like mandal report on backward classes cannot be implemented. Abrogation of article 370 and 35a bill to ban triple talaq. Article 370 mohan krishen teng first published 1990 published by anmol publications 43784b, ansari road, daryaganj, new delhi 12. Gk, general studies, optional notes for upsc, ias, banking, civil services.
All provisions of indian constitution as amended from time to time without any modifications or exceptions. Pdf created with fineprint pdffactory pro trial version. Shiva shakti laser printing works 43794b, ansari road, daryaganj, new delhi 12. With the increase in subversive and terrorist activity in the state of j. Article 370 of the indian constitution gave special status to jammu and kashmir allowing it to have a.
Review of developments post the abrogation of article 370. Ambedkar had refused to draft it, patel has his misgivings, but pt. Though the format of this instrument of accession was exactly the. Article 370 and article 35a talks about special status given to residents of jammu and kashmir and who are permanent residents of that state and provide them.
Revocation of the special status of jammu and kashmir wikipedia. Article 3703 in the constitution of india 1949 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. May 31, 2014 it is generally believed that this article has encouraged the secessionist elements in other parts of the country. People arguing for abrogation of the article say it has created certain psychological barriers between the state and the rest of the country thereby making it the root cause of all the problems. Article370, as we all know, accords special status to the state of jammu and kashmir. Pdf abrogation of article 370 and indias crackdown in. Article 370 of the indian constitution gave special status to jammu and kashmir a region. One is bound to ponder on whether article 370 is responsible for all these ills of the state. Article 370 of the constitution is the current bedrock of the constitutional relationship between jammu and kashmir and the rest of india. Mar 02, 2020 article 370 of the constitution was abrogated by the bjp government on august 5, 2019.
Article 370 limited the application of the provisions of the indian constitution to the state of jammu and kashmir. Aug 06, 2019 for many kashmiris, the special status, guaranteed through article 370, had become an article of faith. He told the leaders that a new threat china is emerging and it is an inopportune time to raise. Incorporated into the constitution on october 17, 1949. Under part xxi of the constitution of india, which deals with temporary, transiti. The abrogation of article 370 is a decisive battle waged by the government to end years of proxy war and. Today, you cant simply say that that should go, because if that goes, then the whole accession comes under question. Indias abrogation of article 370 and 35a in kashmir is also a manifest to that end.
In a way, article 370 encourages secessionist activities in the country. Article 370 of the indian constitution gave special status to jammu and kashmira state in india, located in the northern part of the indian subcontinent, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan and china. What is article 370 and 35a of indian constitution in jammu and kashmir news. Jammu and kashmirs special status ends with abrogation of.
President ram nath kovind has declared abrogation of the provisions of article 370 of the indian constitution which gave special status to jammu and kashmir, after parliament passed a resolution in this regard. The instrument of accession of jammu and kashmir to india was signed by the maharaja hari singh in october. Jammu and kashmirs agreement with india was that article 370 will ensure that the state. This research paper talks about abrogation of article 370 and article 35a of indian constitution. The article originally appeared on the article 370 amendments.
Essay on the article 370 and special status to kashmir. This collection of documents on article 370 of the constitution of india contains temporary provisions with respect to the state of jammu and kashmir. Presidential order amending article 367 removed possible. Kashmiri lawyer files petition in supreme court challenging. Article 370 has also been blamed for lack of development in kashmir. As a panellist in that discussion, i shared my findings that the gujjarbakarwals, shias, people in jammu and ladakh regions and a decent number of sunni muslims in the valley supported the abrogation of article 370. Nov 16, 2019 the problems can be solved only when the correct diagnosis of the issue is made. An essay on article 370 and special status of jammu and. Gazette of india, extraordinary, part ii, section 3 pdf. The political hysteria raised the effect that the abrogation of article 370 was essential to the solution of the kashmir problem, is futile, mischievous and communal.
By scrapping article 370, modi going for a failed europe. Abrogation of article 370 international journal of. The abrogation is constitutionally impossible and the call for an abrogation can raise the apprehensions of the minorities, and sow the seeds of discord. It is high time that the new government takes a bold step and scraps article 370, which continues to keep the state in isolation. Nav parbhat printing press, delhi pdf created with fineprint pdffactory pro trial version. Presidential co 272 uses the power of the president under article 3701, to indirectly amend article 3703, via a third constitutional provision. This book presents documents on the fivemonth long negotiations which preceded its enactment on 17 october 1949. 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. In exercise of the powers conferred by clause 1 of article 370 of the.
Ebook article 370 as pdf download portable document format. The bone of contention since day 1 of bjppdps shortlived alliance several bjp leaders have publically demanded the abrogation of article 370, which grants special status to jammu and kashmir. A pil has been filed in the supreme court on tuesday challenging the governments move to making article 370 redundant in its application to the erstwhile jammu and kashmir state. Sep 12, 2019 with the abrogation of article 370, the panchayats have been given autonomy and thus been empowered, he said. Revocation of the special status of jammu and kashmir. Resolution for repeal of article 370 of the constitution of india ref. Vajpayee never considered scrapping article 370 the hindu. Its a debatable question whether article370 should be abrogated or not. For many kashmiris, the special status, guaranteed through article 370, had become an article of faith. Amit shah in rajya sabha said the union territory in. The article conferred power on jammu and kashmir to have a separate constitution, a state flag and autonomy over. On 5 august 2019, the government of india revoked the special status, or limited autonomy, granted under article 370 of the indian constitution to jammu and kashmira region administered by india as a state, and a part of the larger region of kashmir, which has been the subject of dispute among india, pakistan, and china since 1947. 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. Amit shah in rajya sabha said the union territory in ladakh.
It justified the extraordinary communication clampdown as being necessary to maintain law and order, and mitigate violence that was likely to result from the announcement. Writ petitions challenge abrogation in sc but maharaja hari singhs proclamation made indian constitution supreme in 1950 in kashmir india ravindra k raizada aug 29, 2019 12. Constitutional validity of abrogation of article 370 art 370 3 stated that, 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. On 5 august, india abrogated article 370 from its constitution through presidential order. Interview afspa is a great issue for the kashmiri, not art. All manners of people should be treated alike, all regions, states and groups shou.
This book is a brief description of article 370 of the constitution of india and the constitution of jammu and kashmir which, gives a deeper idea for the understanding of special status of jammu and kashmir its necessity and essentials to establish and revoke it. The warped understanding of recent history by communalists, is dictating the current politics and so the blame of militancy is being put on article 370. The article 370 servers as a reminder to the people of jammu and kashmir that it is yet to merge with the country. The pil hearing comes in the backdrop of an earlier jammu and kashmir high court, which ruled that article 370 assumed a place of permanence in the constitution and the feature was beyond amendment, repeal or abrogation. Almost every valleybased entity sought to negotiate autonomy greater than promised by article 370, as it exists today. The union government has maintained that the abrogation of article 370 would bring in development, and bring an end to dynastic corruption and terrorism from across the border. It is planned instigated protest which is played internati.
Indian polity has strongly demanded its abrogation, some others. A pil has been filed in the supreme court on tuesday challenging the governments move to making article 370 redundant in its. The jammu and kashmir big landed estates abolition act. One of the factors that prompted the government to take this decision was the. Article 370 of the constitution of india wikipedia. Abrogation of article 370 decisive battle for peace in. Therefore, article 370 cannot be modified by way of a presidential order under article 3701d, the litigant said in its plea.
In this post, i will attempt to break down the constitutional changes to article 370, and highlight some key legal issues surrounding them. Article 370 could be abrogated or amended only upon the recommendation of the states. The problems can be solved only when the correct diagnosis of the issue is made. The court said article 35a gave protection to existing laws in force in the state. Article 368 carved out an exception concerning abrogation or amendment in article 370. The article granted a special status to jammu and kashmir. The article 370 of indian constitution had temporary provisions with respect to the state of jammu and kashmir which gave special powers to the state allowing it to have its own constitution. In contrast, jana sangh and its successor bjp had made revoking article 370 a part of its fundamental tenets. Its a debatable question whether article 370 should be abrogated or not. It explains the significance of the article, describes how it was eroded, and traces the constitutional. It is all about providing space, in matters of governance, to its people.
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