Asangba tzudir a momentary victory out of a legal fallacy. Jammu and kashmir with an assembly and ladakh without one. 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. The writing on the wall was already nailed when abrogation of article 370 was included as an election manifesto of promise. Focus 45 kashmir and the abrogation of article 370. Article 35a allows the state legislature to define the jammu and kashmirs permanent residents. The article had been inserted via the constitution. Article 370 cannot be modified by way of a presidential order under article 3701d, the litigant said. A law professor explains what really happened, huffington po. We list down the pros and cons of abrogation of article 370 in an objective manner. Ram janma bhoomi verdict none of these saw any kind of vr protests.
Article370 can be abrogated by an amendment to the constitution of india as contemplated by article368, the only requirement being the nondestructive nature of the amendment as regards basic structure of the constitution. According to constitutional expert rajiv dhavan, the article 370 cant be abrogated because the government do away with it. Its a debatable question whether article 370 should be abrogated or not. Pdf in the aftermath of abrogation of article 370 researchgate. 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 mohan krishen teng first published 1990 published by anmol publications 43784b, ansari road, daryaganj, new delhi 12. The former states special status on the grounds of. 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. Abrogation of article 370 challenged in supreme court india. Abrogation of article 370 gives ladakh opportunity to nurture its political expression for a long time, circumstances never permitted ladakh to shape its own political identity and the. Dec 08, 2014 demand for abrogation of article 370 it has been widely reported that because of article 370, jammu and kashmir does not have industries and progressive measures like mandal report on backward classes cannot be implemented. Pdf on sep 15, 2019, ishfaq majid and others published in the aftermath of abrogation of article 370 find, read and cite all the research.
Aug 10, 2019 abrogation of article 370 challenged in supreme court. Article 370 would cease to exist from the date president of india issues a notification in this regard, after the recommendation of the arliament. What looks like an advantage to some may not be perceived in the same light by others. Abrogation of article 370 challenged in supreme court. Ebook article 370 as pdf download portable document format. Demand for abrogation of article 370 it has been widely reported that because of article 370, jammu and kashmir does not have industries and progressive measures like mandal report on backward classes cannot be implemented. Article 370 was seen as discriminatory on the basis of gender, class, caste and place of origin.
The union government has maintained that the abrogation of article 370 would bring in development, and bring an end to dynastic corruption and terrorism from across the border. According to constitutional expert rajiv dhavan, the article 370 cant be abrogated because the government do away with it, the very basis of accession will be in jeopardy. It was presumed that with the world being a global village and a free market. The pros and cons of the removal of article 370 are subjective. May 31, 2014 it is generally believed that this article has encouraged the secessionist elements in other parts of the country. The problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Indias abrogation of article 370 and 35a in kashmir is also a manifest to that end.
The centre has issued a notification stating that article 370 of the. Press information bureau government of india government. Article 370 of the indian constitution gave special status to jammu and kashmira region. Making a historic announcement in the rajya sabha that triggered bedlam, shah said. Essay on article 370, gd topics, article 370 advantages. Since presidential order has extended all provisions of the constitution to jammu and kashmir, including the chapter on fundamental rights, the discriminatory provisions under article 35a will now be unconstitutional. Oct 24, 2019 article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. Abrogation of article 370 gives ladakh opportunity to nurture. Before, there has been demand by bjp and rss for abrogation of article 370. Supreme court reserves order on whether issue should be referred to larger bench. One of the biggest myths is the belief that the autonomy as envisaged in the constituent assembly is intact. Article 370 start download portable document format pdf and ebooks electronic books free online rating news 20162017 is books that can provide inspiration, insight, knowledge to the reader. Article 370 and article 35a talks about special status given to residents of jammu and kashmir and who are permanent residents of that state and provide them. Article 35a, which originates from the provisions of article 370 stands null and void.
An untold story rationale behind abrogation the rationale offered for seeking abrogation of article 370 of the constitution of india is to remove the autonomous status of the state of jammu and kashmir, and to allow its full integration to the indian union. In the emotionallycharged atmosphere following the change in status of the disputed territory of jammu and kashmir, the south asian subcontinent has been brought to the brink of a serious crisis. Compendium on article 370 of the indian constitution. Abrogation of article 370 and 35a bill to ban triple talaq. Abrogation of article 370 kashika mahajan bhartiyavidyapeeth college, b. Such abuse of human rights must end in a free and democratic india.
I am presenting the resolution to revoke article 370 in jammu and kashmir except the first clause 370 1. International reaction to abrogation of article 370. May 28, 2014 more over there is a debate over whether article 370 is a part of basic structure of the constitution and whether it can be amended. Pdf a study on jammu and kashmir present, past and views of. Article 370 would cease to exist from the date president of india issues a. 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 became part of the indian constitution. Resolution for repeal of article 370 of the constitution of india ref. This comes at a time when the prevailing situation in jammu and kashmir continues to be on the edge. Heres all you need to know about articles 35a and 370 of the indian constitution and which parties are. Indeed, it is this opposition to the abrogation of article 370 that. It was clearly envisaged that once the constituent assembly defines the federal jurisdiction and enacts the state constitution, changes in article 370 or its repeal. This research paper talks about abrogation of article 370 and article 35a of indian constitution.
Aug 27, 2019 in the emotionallycharged atmosphere following the change in status of the disputed territory of jammu and kashmir, the south asian subcontinent has been brought to the brink of a serious crisis. Abrogation of article 370 to develop the region is a good and bold step by the government. Article 370 is an article in the constitution of india which gives special status to the northern state of jammu and kashmir. Whether matters escalate will depend upon how india and pakistan choose to handle the highlyvolatile situation.
More over there is a debate over whether article 370 is a part of basic structure of the constitution and whether it can be amended. If abrogated can it solve the long standing political dispute in jammu and kashmir. The bone of contention since day 1 of bjppdps shortlived alliance several bjp leaders have publically demanded the abrogation of article 370, which grants special status to jammu and kashmir. Article 3703 in the constitution of india 1949 3 notwithstanding anything in the foregoing. Article 370 of the indian constitution carves out a special status to the.
It is planned instigated protest which is played internati. Aug 05, 2019 making a historic announcement in the rajya sabha that triggered bedlam, shah said. Pdf abrogation of article 370 and indias crackdown in. Oct 04, 2017 the problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Please feel free to interpret them the way you want. Abrogation of article 370 a very complex affair, say legal. On 5 august 2019, the government of india revoked the special status, or limited autonomy, granted under article 370 of the indian constitution to jammu and kashmira region administered by india as a state, and a part of the larger region of kashmir, which has been the subject of dispute among india, pakistan, and china since 1947. A series of presidential orders has substantially eroded article 370.
The constitution application to jammu and kashmir order, 1950 pdf. Abrogation of article 370 a step in the right direction. Gk, general studies, optional notes for upsc, ias, banking, civil services. The steep fall in oil prices improves indias manoeuvrability to address an economic recession. With the abrogation of article 370, people of the former states are now full citizens, just like those in any other part of the country. The article 370 servers as a reminder to the people of jammu and kashmir that it is yet to merge with the country. On this edition of the big picture we will analyse the implications of abrogation of article 370.
How it would change the face of kashmir with the situation now on a knifes edge, heres what the momentous decision will mean for the restive state. The article throws light on the recent move made by the government with respect to abrogating article 370 and article 35a and in what way it has affected the federal character of the. Few students of government degree college in kathua hoisted national flag on the entry gate of the institution to. Article 370 could be abrogated or amended only upon the recommendation of the states constituent assembly. Jan sangh to the abrogation of article 370, according to the manifesto. Article 370 of the constitution of india 1950, as it stood till recently, restricted the parliaments legislative powers over the erstwhile state of jammu and kashmir. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. Long and short speech on article 370 in english in simple and. Revocation of the special status of jammu and kashmir wikipedia.
It is generally believed that this article has encouraged the secessionist elements in other parts of the country. Article 370 of the constitution of india wikipedia. He added that before abrogation of article 370, the people of jammu. It justified the extraordinary communication clampdown as being necessary to maintain law and order, and mitigate violence that was likely to result from the announcement. Article 370 of the indian constitution gave special status to jammu and kashmir a region. When india gained independence, the then ruler of kashmir, maharaja hari singh was left with an option of annexing with either india or pakistan. Pdf this paper looks at the issues faced by the students of kashmir owing to ongoing armed.
Abrogation of article 370 international journal of. However, the governments decision to increase the excise duty on fuel betrays an attempt to appropriate for itself the benefits that may have otherwise accrued to the citizens. Under article 3703, the president could declare the article as inoperative or operative with modifications on the prior recommendation of the constituent assembly of the state. Writ petitions challenge abrogation in sc but maharaja hari singhs proclamation made indian constitution supreme in 1950 in kashmir india ravindra k raizada aug 29, 2019 12. On 5 august, india abrogated article 370 from its constitution through presidential order. Its a debatable question whether article370 should be abrogated or not.
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