Abolition of Article 370 Jammu and Kashmir-Separate Union Territories (UTs)


Abolition of Article 370 Jammu and Kashmir: Dear Readers, Indian Government on 5th August 2019 has abolished Article 370 which provides special status to Jammu and Kashmir (J&K) and passed a separate bill which ramifies the state into two separate Union Territories (UTs). Now the J & K has divided into two UTs; Jammu & Kashmir and Ladakh. Here we have given the all essential points about the Abolition of Article 370 Jammu and Kashmir. This was highly useful GK Materials for all competitive exams.

Abolition of Article 370 Jammu and Kashmir

Issued on 14 May 1954 by the President of India

About Article 370: Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370.

In effect, Article 370 says that Parliament will need the state government’s concurrence for applying any law, except those that fall in the domains of defence, foreign affairs, finance and communications. Issues like ownership of property, fundamental rights and citizenship are covered under a separate law for Jammu and Kashmir.

It also lays down that only two Articles of the Constitution will apply to Jammu and Kashmir – Article 1 which defines India and Article 370 itself. The provision was included in the Constitution on 17 October, 1949.

The unique aspect of the Kashmir case is that the dilution of the special provisions predates the insurgency by over 40 years. In its original form, Article 370 mirrored the terms agreed upon in the Instrument of Accession of Jammu and Kashmir, and was intended to give primacy to the state constituent assembly of Jammu and Kashmir on all matters other than defence, foreign affairs and communications. There was a provision for the President of India to effect changes in state laws, but only with the concurrence of the elected government, which, in turn, had to seek the assent of the state constituent assembly.

Article 370 laid down that except for matters related to defence, foreign affairs, communications and issues specified in the Instrument of Accession of Jammu and Kashmir, Parliament needs the state government’s ratification for all other laws. So far, residents of the state lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights.

All provisions, applicable to other states, are not applicable to J&K. Parliament cannot increase or reduce the borders of the state and needs the state government’s unanimity in all affairs except that of defence, foreign affairs, finance and communications.

Abrogating Article 370:

Union Home Minister Amit Shah introduced J&K reorganisation bill in the RajyaSabha for restructuring the state.

The Centre on August 5 abolished Article 370 that gives special status to Jammu and Kashmir (J&K) and moved a separate bill to bifurcate the state into two separate Union Territories (UTs) of Jammu and Kashmir, and Ladakh.

Home Minister Amit Shah moved the resolution on Article 370 as also the Jammu and Kashmir Reorganisation Bill 2019 amid massive uproar by opposition parties. He informed the House that President Ram NathKovind has signed the official notification abrogating Article 370.

Jammu Kashmir Article 370 Latest News

Keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing State of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with legislature. Union Territory of Ladakh was a long pending demand of the people of the region and the decision was aimed at fulfilling the aspiration of the local population. The Union Territory of Ladakh will be without a legislature.

The decisions mark a new milestone in the country’s politics with the BJP-led government breaking new grounds on issues that have been virtually untouched in last more than 70 years.

Given the level of disaffection of Kashmiri people, political posturing on special rights, be it in the form of demanding the repeal of Article 370 or the restoration of the title of prime minister, will drive the Valley to a point of no return. This is a time for reconciliation, to ensure that the fundamental rights of every citizen of India are made available to the children of Kashmir.

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