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Dilution of Article 370 UPSC NOTE

 


What is Article 370?

  • Article 370 of the Indian constitution gave special status to Jammu and Kashmir.

  • Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.

  • Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions".


What is Article 35A?

  • Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. It appears in Appendix I of the Constitution.

  • Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges.

  • Preference in hiring for positions in the public sector, and other benefits.

  • Only citizens of Jammu and Kashmir who dwell there year-round are eligible to purchase real estate there and cast ballots in local elections.


Dilution of Article 370

  • On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir.

  • The order was based on the resolution passed in both houses of India's parliament with two-thirds majority.

  • In addition, the Jammu and Kashmir Reorganisation Act, 2019 was passed by the parliament.

  • Enacting the division of the state of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

  • This is the first time that a state has been converted into a UT.

  • Five Lok Sabha seats remain with the union territory of Jammu and Kashmir, while one allotted to Ladakh.

  • The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.


  • The citizens of Jammu and Kashmir will not have dual citizenship.

  • The Indian Penal Code replaced the Ranbir Penal Code of Jammu and Kashmir.

  • Article 35A, which originates from the provisions of Article 370 stands null and void.

Issues associated with the dilution of Article 370

  • A number of petitions were presented to the Supreme Court of India, challenging the central government's decision to abrogate Article 370 of the Constitution.

  • The various petitions have challenged the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing J&K “without taking consent from the people”. 

  • They have questioned the Centre’s move, under cover of President’s Rule, to “undermine crucial elements of due process and the rule of law”.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Dilution of Article 370 UPSC NOTE
Dilution of Article 370 UPSC NOTE
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