{"id":1032,"date":"2022-06-12T15:39:47","date_gmt":"2022-06-12T10:09:47","guid":{"rendered":"http:\/\/knowledgekart.in\/blog\/?p=1032"},"modified":"2022-06-14T17:43:42","modified_gmt":"2022-06-14T12:13:42","slug":"article-370-all-you-need-to-know-for-the-upcoming-government-exam","status":"publish","type":"post","link":"https:\/\/knowledgekart.in\/blog\/article-370-all-you-need-to-know-for-the-upcoming-government-exam\/","title":{"rendered":"Article 370: All you need to know"},"content":{"rendered":"\n<p>On 5<sup>th<\/sup> of August 2019, the President of India promulgated the<strong> Constitution (Application to Jammu and Kashmir) Order, 2019.&nbsp;<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of <a href=\"https:\/\/www.drishtiias.com\/loksabha-rajyasabha-discussions\/the-big-picture-article-370\" target=\"_blank\" rel=\"noreferrer noopener\"><strong>Article 370<\/strong> <\/a>&#8211; whereby provisions of the Constitution which were applicable to other states were not applicable to&nbsp;<a href=\"https:\/\/www.drishtiias.com\/loksabha-rajyasabha-discussions\/in-depth-jammu-and-kashmir\" target=\"_blank\" rel=\"noreferrer noopener\"><strong>Jammu and Kashmir (J&amp;K)<\/strong><\/a>.<\/li><li>According to the Order, provisions of the <strong>Indian Constitution are now applicable in the State.<\/strong><\/li><li>This Order comes into force \u201cat once\u201d, and shall \u201csupersede the Constitution (Application to Jammu and Kashmir) Order, 1954.\u201d<\/li><li>A separate Bill &#8211; the <strong>Jammu and Kashmir Reorganisation Bill 2019<\/strong> &#8211; was introduced to bifurcate the State into two separate <strong>union territories of Jammu and Kashmir (with legislature)<\/strong>, and <strong>Ladakh (without legislature).<\/strong><\/li><li><strong>Jammu and Kashmir Reservation (Second Amendment) Bill, 2019<\/strong> was also introduced to extend the reservation for<strong> Economically Weaker Sections (EWS)<\/strong> in educational institutions and government jobs in Jammu and Kashmir.<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">History<\/h3>\n\n\n\n<ul class=\"wp-block-list\"><li>J&amp;K acceded to the Dominion of India after the <strong>Instrument of Accession<\/strong> was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947.<\/li><li><strong>Article 370 of the Indian Constitution<\/strong> provided that only<strong> Articles 1 and 370 itself would apply to J&amp;K.<\/strong> The application of other Articles was to be determined by the President in consultation with the government of the state.<\/li><li><strong>The Constitution Order of 1950<\/strong> specified the \nmatters on which the Union Parliament would be competent to make laws \nfor J&amp;K, in concurrence with the Instrument of Accession &#8211; 38 \nSubjects from the Union List were added.<\/li><li>The <strong>Constitution (Application to Jammu and Kashmir) Order, 1954<\/strong> settled the constitutional relationship of J&amp;K and the Union of India. It made the following provisions &#8211;\n<ul><li>Indian citizenship and all related benefits (fundamental rights) were extended to the <strong>&#8216;permanent residents&#8217;<\/strong> of Jammu and Kashmir.<\/li><li><strong><a href=\"https:\/\/www.drishtiias.com\/to-the-points\/Paper2\/to-the-point-paper-2-article-35a\" target=\"_blank\" rel=\"noreferrer noopener\">Article 35A<\/a> was<\/strong>\n added to the Constitution (empowering the state legislature to \nlegislate on the privileges of permanent residents with regard to \nimmovable property, settlement in the state and employment)<\/li><li>The<strong> jurisdiction of the Supreme Court of India<\/strong> was extended to the State.<\/li><li>Central Government was given the power to <strong>declare a national emergency<\/strong> in the event of <strong>external aggression.<\/strong> The power in case of internal disturbances could be exercised only with the concurrence of the State Government.<\/li><li>Normalized the financial relations between the Centre and J&amp;K<\/li><\/ul>\n<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Article 370 &#8211; Features and Provisions<\/h3>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Present in part XXI of the Indian Constitution<\/strong> which comprises of <strong>Temporary, Transitional and Special Provisions<\/strong> with rest to various states of India.<\/li><li>Forms the basis of the <strong>\u201cSpecial Status\u201d<\/strong> of J&amp;K.<\/li><li>Provides for a <strong>separate Constitution of J&amp;K.<\/strong><\/li><li>Limits the Union Parliament\u2019s power to make laws for J&amp;K to those subjects mentioned in the<strong> Instrument of Accession (defense, foreign affairs, and communications)<\/strong> and others as and when declared by the Presidential Orders with the concurrence of the Government of the State.<\/li><li>Specified the mechanism by which the Article shall cease to be operative. That is, on the <strong>recommendation of the Constituent Assembly of the State<\/strong> before the President issues such a notification. However, this provision has been <strong>amended by the Constitution (Application to Jammu and Kashmir) Order, 2019.<\/strong><\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Was it Temporary<\/h3>\n\n\n\n<ul class=\"wp-block-list\"><li>The Article was introduced to accommodate the apprehensions of \nMaharaja Hari Singh who would not have acceded to India without certain \nconcessions.<\/li><li>Territorial integrity was of paramount importance to India \npost-independence, thus, such a special provision was inducted in the \nconstitution.<\/li><li>The provision, however, is part of the<strong> \u201cTemporary, Transitional and Special Provisions\u201d<\/strong> of our constitution.<\/li><li>Moreover, Article 370 could be interpreted as temporary in the sense\n that the J&amp;K Constituent Assembly had a right to \nmodify\/delete\/retain it; it decided to retain it.<\/li><li>Another interpretation was that accession was temporary until a plebiscite.<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Issues in Revoking<\/h3>\n\n\n\n<ul class=\"wp-block-list\"><li>Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.<\/li><li>It has been described as a tunnel through which the Constitution is applied to J&amp;K.<\/li><li>India has used Article 370 at least 45 times to extend provisions of\n the Indian Constitution to J&amp;K. This is the only way through which,\n by mere Presidential Orders, India has almost nullified the effect of \nJ&amp;K\u2019s special status.<\/li><li>By the 1954 order, almost the entire Constitution was extended to J&amp;K including most Constitutional amendments.<\/li><li>However, abrogating the article altogether <strong>may threaten the peace in the state<\/strong> which is already a hotspot of conflicts and militancy.<\/li><li>It will completely change the relationship between the state and the rest of India.<\/li><li>It will also clear the path for <strong>abrogating Article 35A<\/strong> which would allow Indian citizens to <strong>purchase land and settle permanently<\/strong> in J&amp;K.<\/li><li>Thus, the move is bound to have a s<strong>ignificant impact on the demography, culture, and politics of J&amp;K.<\/strong><\/li><\/ul>\n\n\n\n<p><a href=\"http:\/\/knowledgekart.in\/blog\">Click Here To read More.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>On 5th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019.&nbsp; The order effectively abrogates the special status accorded to Jammu and&hellip;<\/p>\n","protected":false},"author":1,"featured_media":1033,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55,53],"tags":[],"class_list":["post-1032","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-g-k","category-ias"],"_links":{"self":[{"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/posts\/1032","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/comments?post=1032"}],"version-history":[{"count":0,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/posts\/1032\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/media\/1033"}],"wp:attachment":[{"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/media?parent=1032"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/categories?post=1032"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/knowledgekart.in\/blog\/wp-json\/wp\/v2\/tags?post=1032"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}