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Article 370

About Article 370

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What is Article 370

Article 370, which came into existence in October 1949, gave Kashmir its autonomy in the matters of internal administration, permitting it to make its regulations in all matters except foreign affairs, finance, defence, and communications.
 
The Indian-administered region founded a separate constitution and a different flag and denied property privileges in the state to outsiders. Article 35A, a further provision added to Article 370 of 1954, enabled state legislators to guarantee unique rights and privileges for permanent state occupants.
 
Latest Update on Article 370
 
With the revocation of Article 370, Article 35A was likewise scrapped, permitting non-Kashmiris to buy property in the area which has raised fears of India attempting to engineer a "demographic shift" in the Muslim-majority province. In 2019, the Modi government divided Kashmir into two parts: Jammu and Kashmir in the west and Ladakh in the east, both of which would be under direct control of New Delhi. Kashmir lost its flag, criminal code, and constitution guaranteed by Article 370.
 
No regional elections have been held in the two divisions from that point forward, however, the Supreme Court ordered Indian-administered Kashmir to conduct local legislative elections by September 30, 2024.
 
Supreme Court’s verdict on scrapping of Article 370
 
The Supreme Court in its ruling stated Jammu and Kashmir must be reestablished to a similar statehood as any other Indian state with no individual autonomy rights - "at the earliest and as soon as possible".
 
The five-judge constitution bench of the Supreme Court stated that the region’s special status had been a "temporary provision" and eliminating it in 2019 was constitutionally valid. "Article 370 was an interim arrangement due to war conditions in the state," Chief Justice of India, DY Chandrachud expressed, referring to the Indian Constitution provision that granted a special status to the Muslim-majority Jammu & Kashmir, originally signed with India by the then Hindu ruler who had consented to an arrangement in 1947 to join India
 
Centre's defence in abrogation of Article 370
 
The Centre had stated that there was no "constitutional fraud" in dissolving the provision that agreed on the exceptional status of the erstwhile state of Jammu and Kashmir. Additionally, it stated that the law was holding back the region's growth.
 
The Union government had shielded itself by referring to the reduction in militancy, stone-pelting occurrences, and casualties among the security personnel after the Article 370 abrogation.
 
History
 
As a feature of the Instrument of Accession, India permitted Kashmir to hold its constitution, flag, and criminal code. Kashmir had its prime minister and president until 1953 when New Delhi imprisoned its Prime Minister, Sheikh Abdullah, abolishing the post, attempting to further integrate the Muslim-majority region with the rest of India.
 
Kashmir has been at the core of over 75 years of animosity between India and Pakistan. Pakistan lays its own claim on Kashmir, saying the Muslim-majority region should have been a part of the newly-created Pakistan, in 1947, when British colonial rule ended with the partition of the Indian subcontinent.
 
The first war over Kashmir broke out immediately after partition and finished in 1949 with a Unified Nations ceasefire that partitioned Kashmir into Pakistan-and Indian-administered territories.
 
Jammu and Kashmir: Autonomy Structure and Restrictions
 
India's constitution is a federal form. The subjects for legislation are partitioned into a 'Union List', a 'State List', and a 'Concurrent List'. The Union List of 96 subjects, including defence, commercial issues like banking, military and foreign affairs, major transport systems, stock exchanges and taxes are accommodated for the Union government to legislate exclusively.
The State List of 66 items covering prisons, agriculture, industries, and certain taxes, are accessible for States to legislate on. The Concurrent List, on which both the Centre and States might legislate incorporates criminal law, trade unions, marriage, bankruptcy, professions, and price control. Union legislation takes precedence in the event of conflict. 
 
The 'residual power', to build laws on issues not determined in the Constitution, rests with the Union. The Union may likewise determine specific industries, waterways, ports and so on to be 'national', in which they become Union subjects.
 
On account of Jammu and Kashmir, the 'Union List' and the 'Concurrent List' were at first restricted to the issues surrendered in the Instrument of Accession; afterward, they were stretched out with the concurrence of the State Government. The 'residual powers' kept on resting with the State as opposed to the Union.
 
As per the State Autonomy Committee, 94 of the 97 things in the Union List applied to Jammu and Kashmir; the Central Bureau of Intelligence and Investigation and preventive detention provisions didn't matter. Of the 'Concurrent List', 26 of the 47 things applied to Jammu and Kashmir; the things of marriage and separation, babies and minors, transfer of property other than agricultural land, contracts and torts, family planning, bankruptcy, trusts, courts and charities had been omitted i.e., the State had a restrictive right to legislate on those matters. The right to legislate on elections to state bodies is additionally rested with the State.
 
Article 370 on Jammu and Kashmir: Applicability to the Indian law
 
Acts passed by the Indian Parliament have reached out to Jammu and Kashmir for some time.
  • All India Services Act
  • Negotiable Instruments Act
  • The Central Goods and Services Tax Act, 2017
  • Integrated Goods and Services Tax Act, 2017
  • The Central Laws (Extension to Jammu and Kashmir) Act, 1956
  • Border Security Force Act
  • Central Vigilance Commission Act
  • Essential Commodities Act
  • Haj Committee Act
  • Income Tax Act
  • The non-applicability of the National Human Rights Commission (NHRC) Act by claiming recourse to Article 370 was set aside in 2010
  • The Central Laws (Extension to Jammu and Kashmir) Act, 1968. 

Centre on Article 370 and Jammu and Kashmir in 2019
 
On 5 August 2019, Indian Home Minister Amit Shah presented the Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha to change Jammu and Kashmir's status as a state to two separate union territories, specifically Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The union territory of Jammu and Kashmir was proposed to have a legislature under the bill while the union territory of Ladakh is proposed to not have one.
 
Before the day was over, the bill was passed by Rajya Sabha with 125 votes in support of it and 61 against (67%). The next day, the bill was passed by the Lok Sabha with 370 votes in support of it and 70 against it (84%). The bill turned into an Act after it was signed by the president.
 
National Unity Day was observed on October 31, 2019, the day the two union territories were established. The president of India designated a Lt. Governor for the Union Territory of Jammu and Kashmir and a Lt. Governor for the Union Territory of Ladakh. Both Lieutenant Governors on October 31, 2019, were sworn in by Chief Justice of the Jammu and Kashmir High Court, Justice Gita Mittal, first in Leh for the UT of Ladakh and then in Srinagar for the UT of Jammu and Kashmir.
 
President's Rule under article 356 of the Constitution of India was ended in the state of Jammu and Kashmir on the evening of 30 October 2019. A union territory is already under the control of the central government, so the President's Rule is not required there. The President issued the order expressing that he would rule the union territory of Jammu and Kashmir directly until the legislative assembly is established in the union territory.
 

Latest Updates on Article 370

J&K now part of India like any other state, region: LG Manoj Sinha

LG stated that President, considered the first citizen of India, was also not able to build a house here but noted that Jammu and Kashmir has become a part of India after revocation of Article 370

Updated On: 18 Dec 2024 | 8:56 AM IST

BJP using Article 370 to weaken Cong, win Assembly polls: Farooq Abdullah

Abdullah said they will not allow the Congress to be weakened and expressed hope that the INDIA bloc will emerge victorious in the Assembly polls in both the states

Updated On: 16 Nov 2024 | 5:59 PM IST

Forget about Article 370, focus on development of Kashmir: J-K BJP to NC

BJP's Sat Sharma urged the NC to draw inspiration from Prime Minister Narendra Modi's governance model and focus on making J-K a hub of peace, progress, and prosperity

Updated On: 16 Nov 2024 | 7:49 AM IST

Congress' 'shahi parivar' believes it was born to rule India: PM Modi

The BJP's Sankalp Patra poll manifesto will be a guarantee, said Prime Minister Narendra Modi on Tuesday

Updated On: 12 Nov 2024 | 2:56 PM IST

Jammu and Kashmir Assembly erupts over Article 370, fist fight breaks out

The Jammu and Kashmir Assembly had passed a resolution advocating for the restoration of special status, a decision opposed by the Bharatiya Janata Party

Updated On: 07 Nov 2024 | 11:34 AM IST

Assembly has done its job after passing special status resolution: Omar

"That this legislative assembly reaffirms the importance of the special status and constitutional guarantees, which safeguarded the identity, culture, and rights of the people of Jammu and Kashmir

Updated On: 06 Nov 2024 | 2:22 PM IST

J&K Assembly passes resolution seeking restoration of special status

This Assembly emphasises that any process for restoration must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir, the resolution added

Updated On: 06 Nov 2024 | 11:47 AM IST

Day 1 of J&K Assembly: Chaos reigns as PDP pushes to restore Article 370

Jammu and Kashmir's Chief Minister Omar Abdullah contended that the resolution was introduced merely for show and lacked genuine intent

Updated On: 04 Nov 2024 | 1:37 PM IST

'Must be more vigilant of urban naxals': PM Modi on National Unity Day

Prime Minister Narendra Modi accuses the Congress party of trying to divide the country while addressing a rally during Sardar Patel's 150th birth anniversary celebrations

Updated On: 31 Oct 2024 | 11:33 AM IST

No resolution on Article 370, J&K's statehood demand 'huge' setback: PDP

Another political party, the People's Conference, has also questioned the secrecy over the resolution

Updated On: 18 Oct 2024 | 2:15 PM IST

Supreme Court to hear plea for restoration of Jammu and Kashmir's statehood

The Supreme Court had previously ordered that Assembly elections in Jammu and Kashmir be conducted before considering the pending petitions

Updated On: 17 Oct 2024 | 3:29 PM IST

From Article 370 to RTI: Justice Sanjiv Khanna's defining judgments

Upon receiving clearance from the Centre, Justice Sanjiv Khanna will assume the role of the 51st Chief Justice of India, serving for six months before retiring on May 13, 2025

Updated On: 17 Oct 2024 | 1:24 PM IST

New J-K govt should first demand restoration of statehood, says Chidambaram

He said that in case the government does not agree, then they should approach the court as the central government had promised restoration of statehood before the Supreme Court

Updated On: 14 Oct 2024 | 7:09 AM IST

INDIA bloc to set aside restoration of Article 370 for now: Omar Abdullah

J&K Assembly elections: NC leader Omar Abdullah said that Prime Minister Narendra Modi should fulfil his promise of restoring statehood in Jammu and Kashmir

Updated On: 09 Oct 2024 | 3:52 PM IST

Cong says will bring back Article 370 but never mentions reclaiming PoK: PM

Addressing a public rally in Haryana's Palwal, PM Modi alleged that Congress is against the Ram Mandir in Ayodhya and has never fully implemented the Constitution in Jammu and Kashmir

Updated On: 01 Oct 2024 | 7:28 PM IST

Opposition cannot reinstate Article 370 in J-K, says Arjun Meghwal

National Conference, promised restoration of the Article in its manifesto

Updated On: 30 Sep 2024 | 7:20 AM IST

J-K polls update: First since Article 370 revoked; voting in Pulwama, Doda

Jammu-Kashmir Assembly elections began on Wednesday after 10 years, marking the first polls since the abrogation of Article 370. The first phase includes 24 constituencies, across seven districts

Updated On: 18 Sep 2024 | 9:49 AM IST

Census to happen at right time; Article 370 will never be restored: Shah

The decadal census will be carried out at an appropriate time and it will be announced when it is decided, Union Home Minister Amit Shah said on Saturday.

Updated On: 24 Aug 2024 | 11:38 PM IST

No bilateral talks with India, status quo in ties post-Aug 2019: Pakistan

The ties between the two countries nosedived after India abrogated Article 370 of the Constitution, revoking the special status of Jammu and Kashmir and bifurcating State into two Union Territories

Updated On: 16 Aug 2024 | 11:42 PM IST

Assembly elections in J&K to be held in Sept: Union minister G Kishan Reddy

A new J&K has emerged where terrorism, stone-pelting, hoisting of Pakistani flags, and an insult to the Tricolour are history, said the minister in Jammu rally

Updated On: 06 Aug 2024 | 5:12 PM IST