Why was the Article 370 abolished?
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Why was the Article 370 abolished?
Since the state constituent assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir.
What are the advantages and disadvantages of Article 370?
MORE #General Awareness
| Advantages of Scrapping Article 370 | Disadvantages of Scrapping Article 370 |
|---|---|
| Central government can curb corruption since it is a UT now. | The implementation of the abrogation of Article 370 is a threat to the democracy. It is an attempt to polarize and appease the Hindu population in the valley. |
Does Jammu and Kashmir still have its own constitution?
The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution. On 5 August 2019, the President of India issued a presidential order, namely, The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O.
How was 370 removed?
As stated earlier, the entirety of article 370 can be repealed under article 370(3), but this requires a recommendation from the Constituent Assembly of Jammu and Kashmir. However, the Constituent Assembly was dissolved on January 25, 1957, without recommending the abrogation of the article.
What is Article 370 essay in English?
Article 370 gave the authority to the State Constituent Assembly to incorporate its own Constitution that will give the state several different laws. Such separate laws include citizenship rights, ownership of land rights, and many others. People from other states are restricted from buying land in this state.
Is Article 370 revoked?
In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘inoperative’ even though it still exists in the constitution.
What is the difference between Article 370 and 35A?
Revocation of special status and domicile law On 5 August 2019, the Union Government revocated the special status granted to Jammu and Kashmir under the Article 370 through a Presidential Order, and made the entire Constitution of India applicable to the state. This implied that the Article 35A stood abolished.
What are the latest amendment done in constitution in the year 2019 2020?
One Hundred and Fourth Amendment of the Constitution of India
| The Constitution (One Hundred and Fourth Amendment) Act, 2019 | |
|---|---|
| Enacted by | Rajya Sabha |
| Passed | 12 December 2019 |
| Assented to | 21 January 2020 |
| Commenced | 25 January 2020 |
What is Article 370 and 35A Upsc?
Article 35A was inserted as part of amendments made through a 1954 presidential order imposed under Article 370 of the constitution. It gives powers to J&K to declare a class of persons as “permanent residents’ of the State. It also empowers the government to give such persons special rights and privileges in matters …
Is Article 370 still in the Constitution?
Although the Article 370 remains in the constitution, the yesterday’s order also has cleared the path to abolish it.
How can Article 370 be abolished in J&K?
The provision for abolishing it is included in the Article itself, in section 3, which says the President may abolish the Article 370 on the recommendation of the Constituent Assembly, which refers to the Constituent Assembly of the J&K.
How was Article 35A added to the Constitution?
The Article 35A, which gives the state the right to determine who is a permanent resident of the state, was not inserted into the constitution by an amendment passed by the parliament. It was inserted by the President in the constitution by issuing a similar order, using the powers granted to the president by the Article 370 of the constitution.
Who said Article 370 is a tunnel in the power?
On December 4, 1964, Congress Home Minister, GL Nanda, stated that Article 370 is a “tunnel in the power”. It was presupposed that the Centre’s power would slowly increase till Jammu & Kashmir became like any other State where the Centre had powers as per the Constitution.