Abrogation of Article 370 (Download PDF)

Doorsteptutor material for CLAT is prepared by world's top subject experts: fully solved questions with step-by-step explanation- practice your way to success.

Download PDF of This Page (Size: 114.25 K)

The Union Minister for Home Affairs in India introduced two bills followed by two resolutions regarding Jammu and Kashmir in Lok Sabha on 6th August 2019. The state of Jammu and Kashmir is to be bifurcated into two Union territories – Jammu and Kashmir (with legislature) and Ladakh (Without Legislature).

The Article 370 is a Temporary, Transitional and Special Provision defined under Part XXI of the Indian Constitution. The Article also gives autonomous status to the state of Jammu and Kashmir.

Image shows of Abrogation of Article 370

Image Shows of Abrogation of Article 370

Image shows of Abrogation of Article 370

Two Bills and Two Resolutions

  • Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370 (1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.

  • Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3) }.

  • Jammu & Kashmir (Reorganization) Bill, 2019 {Ref. Article 3 of Constitution of India}.

  • Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019.

Background

  • The states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh and Goa enjoyed special provisions under Part XXI. At the same time the state of Jammu and Kashmir had no such special provisions.

  • The Indian parliament could only preside over the subjects like Defence, External Affairs, and communication with no powers to make laws for the state.

  • After consultation with the state government only Laws related to union and concurrent list in J & K could be passed.

  • The Constituent Assembly of Jammu and Kashmir was given all the powers to recommend any proposal to the state related to the articles of the Indian Constitution or even the abrogation of the Article 370.

Article 35A

  • Article 35A empowered the Jammu and Kashmir Legislature to decide who all the permanent residents of the state. Special rights and privileges in Public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare were also to be decided by the Jammu and Kashmir Legislature.

  • Under Article 370 (1) (d) of the Constitution, the Presidential order was issued. Under this provision the President for the benefit of the State of Jammu and Kashmir could make certain “exceptions and modifications” to the Constitution.

Changes Proposed

  • To alter the provisions the President of India used his powers under Article 370 to fundamentally alter the provision. Though Article 370 will remain on the statute books all central laws and treaties hereafter shall be applicable to the state of Jammu and Kashmir.

  • The Union Territory of Jammu and Kashmir will have position of legislature, while the Union Territory of Ladakh will not.

  • Hereafter all the amendments, exceptions, modifications enshrined in the Indian Constitution shall be applicable to the area of Jammu and Kashmir.

  • The Lieutenant Governor of the proposed Union Territory of Jammu and Kashmir will now enjoy the extended powers. Also it’s the “duty” of the Chief Minister of the Union Territory to “communicate” all administrative decisions and proposals of legislation with the LG.

  • The divide up and share out of the Assets and liabilities belonging to J&K and Ladakh would be the responsibility of the Central Committee within a year.

  • Until the further allocations, Employees of State public sector undertakings and autonomous bodies would continue in their posts for another year

  • The orders related to the Police and Public is to be determined by the Centre.

  • The notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.

Benefits of Abrogation

  • Article 370 used to discriminate on the basis of gender, class, caste and place of origin.

  • The abrogation of the article will open doors to the private investors which would in turn ensure the progress and development of the state.

  • Increased investments would result in increased job creation which would further improve the socio-economic infrastructure in the state.

  • The local economy will be boosted through investments from private individuals and multinational companies.

Challenges

  • Law and order maintenance issue is one of the major challenges.

  • Under Article 370, the President’s power has been used not only to create an enabling provision but also to exercise it immediately to modify the Order. This dispenses with the role envisaged for the State Assembly.

  • Downgradation And Bifurcation of a functional state gives rise to a question whether this change will be welcomed by the entire civilian population or not.

  • Once the security cordon is lifted, the real test will be on the streets of Srinagar, Jammu and Delhi.

- Published/Last Modified on: September 17, 2019

Policy/Governance, International Relations/Organizations, Bills

Developed by: