It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India under Article 370. … This implied that the State's separate Constitution stood inoperative, including the privileges allowed by the Article 35A.
What exactly Article 370 is?
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent which was administered by India as a state from 1954 to 31 October 2019, conferring it with the power to have a separate constitution, a state flag and autonomy over the internal …
Why is Article 370 removed?
Government approach
In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘inoperative' even though it still exists in the constitution.
What is Article 35A Upsc?
Article 35A was an article under the Constitution of India that
empowered the State Legislature of Jammu and Kashmir to define “permanent residents” of the state along with granting them special privileges
.
Who wrote Article 370?
Ayyangar was the chief drafter of Article 370 which granted local autonomy to the state of Jammu and Kashmir.
Was Kashmir a Hindu state?
In the 1901 Census of the British Indian Empire, the population of the princely state of Kashmir was 2,905,578. Of these 2,154,695 were Muslims, 689,073 Hindus, 25,828 Sikhs, and 35,047 Buddhists. The Hindus were found mainly in Jammu, where they constituted a little less than 50% of the population.
What are the disadvantages of removing Article 370?
Disadvantages of Scrapping Article 370
Attempts to unite Kashmir with other states of India.
Implants the seeds of insecurity in certain section of citizens. Central government can curb corruption since it is a UT now. The implementation of the abrogation of Article 370 is a threat to the democracy.
Why Jammu and Kashmir is not part of India?
India claims the entire erstwhile British Indian princely state of Jammu and Kashmir based on an instrument of accession signed in 1947. Pakistan claims most of the region based on its Muslim-majority population, whereas China claims the largely uninhabited regions of Aksai Chin and the Shaksgam Valley.
Is Kashmir a part of India?
Previously parts of the same State, Jammu and Kashmir and Ladakh are administered by India as union territories since 5 August 2019, after the revocation of the limited autonomy and bifurcation of the State.
Is J&K a state?
The state of Jammu and Kashmir was accorded special status by Article 370 of the Constitution of India. … At the same time, a reorganisation act was also passed, which would reconstitute the state into two union territories, Jammu and Kashmir and Ladakh. The reorganisation took effect from 31 October 2019.
What is Article 35A in simple words?
Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to them. … Non-permanent residents of the state, even if Indian citizens, were not entitled to these ‘privileges'.
What is the Article 34?
Article 34: It
provides for the restrictions on fundamental rights while martial law is in force in any area within
the territory of India. … The martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
What does Article 33 say?
By article 33 of the Constitution,
Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall
, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to …
Who is the first chief minister of Jammu and Kashmir?
The post was established after the 6th amendment to the state's constitution (effective 6 June 1965) abolished the title of Prime Minister of Jammu and Kashmir. Subsequently, the ruling prime minister, Ghulam Mohammed Sadiq, was sworn in as the first Chief Minister of Jammu and Kashmir.
Why was Article 238 removed?
First of all lets understand that the article 238 of Indian Constitution was repealed in
1956 after the “part B” states were removed
and were included as ‘states' after the 7th Constitutional Amendment, 1956. Part B states are former princely states or covenanting states governed by “Raj Pramukhs”.
How was 370 removed?
As stated earlier, the entirety of article 370 can be repealed under article 370(3), but this requires a recommendation from the Constituent Assembly of Jammu and Kashmir. … The next day, on August 6, the president implemented the resolution and revoked Jammu and Kashmir's special status through Presidential Order C.O.
