Gk, general studies, optional notes for upsc, ias, banking, civil services. Aug 05, 2019 according to him, obtaining the opinion of the supreme court is a must before going ahead with the abrogation of article 370. The government can amend the constitution to facilitate the abrogation of article 370. Abrogation of article 370 will intensify the indigenous struggle against indian occupation of kashmir and the key resistance to bjp move is expected to come from here. Long and short speech on article 370 in english in simple and. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. It means the states residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to. Aug 24, 2018 article 370 is nowadays a very hot topic to discuss or debate in the political circles of our country. May 28, 2014 the government can amend the constitution to facilitate the abrogation of article 370. Guest name satya prakash, legal editor, the tribune, j sai deepak, advocate, supreme court, rana. Pdf abrogation of article 370 and indias crackdown in. Although these restrictions have been gradually lifted, pakistan has led a misinformation campaign, that misrepresents the abrogation of article 370 and 35a from the indian constitution. The abrogation of article 370 and 35a is indias internal matter.
Abrogation of article 370 is illegal, the ongoing lockdown. Now with the abrogation of article 370, it has created a fear psychosis and article 371 a is a case in point. Aug 05, 2019 on this edition of the big picture we will analyse the implications of abrogation of article 370. Long and short speech on article 370 in english in simple. Announcing the move, home minister amit shah also decided to bifurcate the state into two union territories jammu and kashmir, which will have a legislature, and. There are two views on this abrogation of article 370, said faizan mustafa, the vicechancellor of nalsar university of law in hyderabad. Aug 20, 2019 before dissolving itself, the ca has finalised some changes and facilitated even the abrogation of article 370. Aug 05, 2019 what article 370 means under this article, the centre needs the state governments concurrence to apply laws except in defence, foreign affairs, finance and communications. Sadf focus kashmir and the abrogation of article 370. A separate bill the jammu and kashmir reorganisation bill 2019 was introduced to bifurcate the state into two separate union territories of. 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 you need on researchgate. A number of writ petitions were filed in supreme court of india challenging the abrogation of article 370. This very clause was used by the present nda led government at centre in abolition of article 370. Supreme court to decide today if case should be referred to larger bench.
According to lok sabha legislation rules money bills and bills seeking to amend the constitution cant be passed by calling a joint session of the parliament. Compendium on article 370 of the indian constitution. Even though many political leaders and other prominent people in the country. 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 you. On this edition of the big picture we will analyse the implications of abrogation of article 370. In a move that will have massive repercussions for kashmir, the centre has decided to repeal article 370 and article 35a of the constitution that grants special status to the state. Article 370 of the constitution of india relating to the state of jammu and kashmir is. Abrogation of article 370 download pdf september 17, 2019 download pdf of this page size.
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 article 370 is a temporary, transitional and special provision defined under part xxi of the indian constitution. Its a debatable question whether article370 should be abrogated or not. For the purposes of amendment, the provisions of the constitution fall under three categories. Jp nadda the abrogation of article 370 would pave the way for the people of jammu and kashmir, so far leading lives of second class citizens,to join the mainstream of the nation, bjp working president jp. Neither india nor the state can unilaterally amend or abrogate the article except in accordance. The repeal of the legislation would, therefore, amplify the. The agreement called for status quo to be maintained in respect of kashmir issue. Whether matters escalate will depend upon how india and pakistan choose to handle the highlyvolatile situation. This research paper talks about abrogation of article 370 and article 35a of indian constitution. There are doubts over whether article 370 is a part of the basic structure of the constitution or not.
Five big questions confronting the narendra modi government soli sorabjee, subhash kashyap,faizan mustafa,colin gonsalves and shadan farasat tell. They should believe in our goodwill and fraternity for them, notwithstanding the damage done to it by the present misadventure of our government. Article 370 was a symbol of autonomy for the kashmiris as they lived under the yoke of indian occupation. This has been made possible by the repeated demand of ruling party in centre to abrogate this. Article 370 would cease to exist from the date president of india issues a notification in this regard, after the recommendation of the arliament. Before dissolving itself, the ca has finalised some changes and facilitated even the abrogation of article 370. The abrogation of article 370 states, 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. According to lok sabha legislation rules money bills and bills seeking to amend the constitution cant be passed by. The article gave special power to the indian state of jammu and kashmir. A separate bill the jammu and kashmir reorganisation bill 2019 was introduced to bifurcate the state into two. 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.
Article 370 violated virtually every parameter of a liberal democracy that of pluralism through its creation of religious divisions in the state and its governance, that of equal opportunity and civil rights by professional and social exclusions and that of basic equality of law. 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. What are the advantages and disadvantages of the article 370. Sep 03, 2019 but it is perhaps a bit too clever as the abrogation of article 370 was a historical promise. Prime minister nehru himself agreed that article 370 would be rendered obsolete by the passage of time. The abrogation of article 370 could be challenge in the court on the basis of whether it violates the basic structure of the constitution. But it is perhaps a bit too clever as the abrogation of article 370 was a historical promise. The bjp governments motives for its recent moves in kashmir lie less in the reasons professed governance and development than they do in the ideological direction it is taking the country.
Aug 20, 2019 the motives behind the recent moves in kashmir lie less in the reasons professed governance and development than they do in the ideological direction in which the modiled bjp government wishes to take india. Article 370 of the indian constitution gave special status to jammu and kashmir a region. As govt moves to repeal article 370, a look at what. Essay on article 370, gd topics, article 370 advantages. Article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. Article 370 of the constitution of india wikipedia. The article also gives autonomous status to the state of jammu and kashmir. This comes at a time when the prevailing situation in jammu and kashmir continues to be on the edge. Sep 15, 2019 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 you need on researchgate. Abrogation of article 370 a very complex affair, say legal. Pdf a study on jammu and kashmir present, past and views of. The steep fall in oil prices improves indias manoeuvrability to address an economic recession. The bjp would not be averse to a deterioration in the security situation because that would enable it to continue the policies of othering that are part of its wider project.
Some provisions of the article 370 have been diluted over time. In contrast, the article 35a till now had remained. Noorani states that article 370 was a solemn compact, resulting from serious negotiations, with neither side mandated to amend or abrogate it unilaterally, except in accordance with the terms of. Abrogation of article 370 international journal of. Its a debatable question whether article 370 should be abrogated or not. 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 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. Press releases by the government of india html and pdf read more. Abrogation of article 370 kashika mahajan bhartiyavidyapeeth college, b. There are many impacts of abrogation of article 370 on jammu and kashmir and the whole of india. The newly appointed governor of nagaland has categorically assured the people that. Revocation 600 words article 370 was enforced by sheikh abdullah on 26 th january 1957. Long and short essay on article 370 of indian constitution in. Compendium on article 370 of the indian constitution article 370 and gender biasedness article 370 is written to be gender neutral, but the definition of permanent residents in the state constitution based on the notifications issued in.
Paper also talks about history of jammu and kashmir, effects of abrogation of article 370 of indian constitution, what were the effects of. 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. When in 2019, bjp manifesto removal of article 370 and 35 a was mentioned, the. Constitution application to jammu and kashmir order. Abrogation of article 370, a masterstroke the hans india. Now, if the article 370 is abrogated, there shall be violation of the treaty. 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. On 5 th of august 2019, the president of india promulgated the constitution application to jammu and kashmir order, 2019. But it is subject to recommendation of constituent assembly 0f. Doc article 370 research paper anjali aditya academia. Can september 2019 peace be possible, or stalemate continue to issue n 45 hamper india and.
The abrogation move may bolster the governments ability to make the fruits of indias economic progress directly available to kashmir. Abrogation of article 370 is illegal, the ongoing lockdown unsustainable to our brothers and sisters in kashmir, we should appeal not to mistake the government for the people of this country. Opposing the plea, the centre had said abrogation of provisions of article 370, which granted special status to the erstwhile state of jammu and kashmir, has become a fait accompli. The other view is you can remove 370, but take the state legislative assembly on board. However, the governments decision to increase the excise duty on fuel betrays an attempt to appropriate for itself the benefits that. Press information bureau government of india government. On 5 august, india abrogated article 370 from its constitution through presidential order. August 5, 2019, is a day that would forever live in infamy. Aug 05, 2019 making a historic announcement in the rajya sabha that triggered bedlam, shah said. The abrogation of 370 thus rectifies an egregious trespass. The centre on monday scrapped article 370 of the constitution that grants special status to jammu and kashmir, with an order saying it.
K and bifurcated the muslimmajority state into two union. Abrogation of article 370 international journal of science and. Oct 24, 2019 article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india. It was when bjp carried out its sinister manifesto, which it had pledged years ago. Pdf in the aftermath of abrogation of article 370 researchgate. Abrogation of article 370 protest against abrogation of. It is a mixture of various other constitutions, the constitution makers had to be very prudent. The consequences of the action of the government of india, regarding abrogation of article 370 and article 35a, will be like converting the state from sadreriyasat president of the state to the governor, prime minister of the state of kashmir to the chief minister and will also lead to extension of the power of supreme court of india and. This is the text of a document, which according to a government official, provided the rationale for the removal of special status of jammu and kashmir. 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. Declaring ladakh as a separate ut,will improve the governance and administration in the isolated region. I am presenting the resolution to revoke article 370 in jammu and kashmir except the first clause 370 1. Article 370, an advantage or a disadvantage indian constitution is one of the most efficient written constitution that any country has ever produced.
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