In this article, upsc aspirants will get to know what is article 370 and article 35a, important dates, controversies associated with article 370 and its revocation. Aug 05, 2019 the august 5 notification has been issued under article 370 of the constitution. Article 370 in the constitution of india 1949 indian kanoon. Article 370 of the indian constitution gave special status to jammu and kashmir a region. Article 370 lakshminarayanan alaguraja advocate slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. It is a mixture of various other constitutions, the constitution makers had to be very prudent. Long and short speech on article 370 in english in simple. This purpose of this paper is intended towards exploring a lot of. Ebook article 370 as pdf download portable document format. Aug 05, 2019 revoking article 370 of indias constitution was one of the promises made by prime minister narendra modis ruling party ahead of recent elections.
Article 35a stems from article 370, having been introduced through a presidential order in 1954. Article 370 talks about the special status that has been given to the state of jammu and kashmir. According to article 370, jammu and kashmir had its own constitution, and all laws passed by parliament will not be applicable to the state, unless the state government gives its concurrence. Article 370, an advantage or a disadvantage indian constitution is one of the most efficient written constitution that any country has ever produced. Constitution is for the real union of indian people, built on the basic concept of sovereignty of the people, to ensure them of justice.
Article 370 should come as a big jolt to the bjp and other antiautonomy groups as it provides documentary evidence to show that article 370 had the full approval of the late shyama prasad. Almost all union list subjects are applicable, most of the concurrent list ones, a handful of schedules and 260 of 395 articles. Thinker and poet maulana hasrat mohini was opposed to the article, dr. Long and short essay on article 370 of indian constitution. Article 370 of the constitution of india 1950 further 1 framing of indias constitution. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. On 26 january 1950, the constitution of india came into force with a unique provisionarticle 370. Shiva shakti laser printing works 43794b, ansari road, daryaganj, new delhi 12.
Pdf article 370 of the indian constitution stipulates autonomy for the state of. This book presents documents on the fivemonth long negotiations which preceded its enactment on 17 october 1949. The centre has no power to declare a financial emergency under article 360 in the state. Article 35a is unique in the sense that it does not appear in the main body of the constitution article 35 is immediately followed by article 36 but comes up in appendix i. In exercise of the powers conferred by clause 1 of article 370 of the. This collection of documents on article 370 of the constitution of india contains temporary provisions with respect to the state of jammu and kashmir. The centre on monday scrapped article 370 of the constitution that grants special status to jammu and kashmir, with an order saying it shall come into force at once.
Gopalaswami ayyangar, article 370, jammu and kashmir oxford scholarship online requires a subscription or purchase to access the full text of books within the service. It is important to note article 3701c explicitly mentions that article 1 of the indian constitution applies to kashmir through article 370. An essay on article 370 and special status of jammu and. In short, the government has employed article 370, which had once protected the 1954 order giving special rights to. Article 370 of the indian constitution international journal of law. Article 370 was the basis of jammu and kashmirs accession to the indian union at a time when erstwhile princely states had the choice to join either india or pakistan after their independence. However, this can be done by the president only on the recommendation of the constituent assembly of the state of jammu and kashmir. However, this can be done by the president only on the recommendation of the constituent assembly of. The president of india can declare that article 370 ceases to be operative or operates with exceptions and modifications. Article 370 of the constitution of india wikipedia. According to the article, the following applies to the indian government. Decoding article 35a and article 370 on business standard. Abrogation of article370 for and against its a debatable question whether article370 should be abrogated or not. The govt if wants in its full capacity can repeal article 370, but thus abrogation could lead to serious consequences.
In short, the government has employed article 370, which had once protected the. Essay on article 370, gd topics, article 370 advantages. Pdf on oct 1, 2014, aijaz ashraf wani and others published article 370. The union of india could legislateact only in defence, foreign affairs and communications. The august 5 notification has been issued under article 370 of the constitution. Revoking article 370 of indias constitution was one of the promises made by prime minister narendra modis ruling party ahead of recent elections. Explained presidents order scraps its predecessor and. When parties wanted article 370 abrogated on september 12, 1964, hindustan times reported that a bill in the lok sabha urged that article 370 be done away with in the interest of complete. If you continue browsing the site, you agree to the use of cookies on this website. Compendium on article 370 of the indian constitution history of article 370 article 370 of the constitution of india relating to the state of jammu and kashmir is now over sixty years old.
Under article 370, the centre has no power to declare financial emergency. In accordance with the special provisions embodied in. Constitution, the president, with the concurrence of the government of the. Ambedkar had refused to draft it, patel has his misgivings, but pt. Gk, general studies, optional notes for upsc, ias, banking, civil services. Nav parbhat printing press, delhi pdf created with fineprint pdffactory pro trial version. According to article 370, jammu and kashmir had its own constitution, and all laws passed by parliament will not be applicable to the state, unless the. We explain the two statutes to demystify the issue. Clause 3 of article 370 empowers the president of india to make amendments and change the scope of the article.
In exercise of the powers conferred by this article the president, on the recommendation of the constituent assembly of the state of jammu and kashmir, declared that, as from the 17th day of november, 1952, the said art. Article 370 would cease to exist from the date president of india issues a notification in this regard, after the recommendation of the arliament. Vallabhbhai patel, jawaharlal nehru, article 306a, sheikh abdullah, karan singh, constituent assembly, first order, n. Article 370 mohan krishen teng first published 1990 published by anmol publications 43784b, ansari road, daryaganj, new delhi 12. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. Article 370 of the constitution of india relating to the state of jammu and kashmir is now over. However, you all must be aware that article 370 has been abrogated with effect from 5 th august 2019, by a presidential order. Gazette of india, extraordinary, part ii, section 3 pdf. However, in a landmark judgement, in october 2002, the full. What is article 370 and why is it politically significant. Importance of article 370 article 370 of the constitution is the current bedrock of the constitutional relationship between jammu and kashmir and the rest of india. 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. Article 370 of the indian constitution that gave special power to the state of jammu and kashmir was annulled on 5 th august 2019.
Article 370 of indian constitution, read full explanation. All provisions of this constitution, as amended from time to time, without any modifications or exceptions, shall apply to the state of jammu and kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this constitution or any other provision of the constitution of jammu and kashmir or any. It explains the significance of the article, describes how it was eroded, and traces the constitutional evolution of the. Temporary provisions with respect to the state of jammu and kashmir.
With the increase in subversive and terrorist activity in the state of j. Pdf created with fineprint pdffactory pro trial version. Article 370 of the constitution is a temporary provision which promises to grant autonomous status to jammu and kashmir and limits parliaments powers to make laws for the state. If art 370 is repealed, then there might be chances that the foreign powers such as pakistan and china would try and influence people of the valley against india to start protesting against the government.
Constitution application to jammu and kashmir national portal of. Heres the full text of the presidents order scrapping article 370. This very clause was used by the present nda led government at centre in abolition of article 370. The narendra modi government took this advantage and remove article 370 from jammu and kashmir.
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