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Jammu and Kashmir (state)Article 370 of the Constitution of India ( Before & After )

State of Jammu and Kashmir


Jammu and Kashmir (state)Article 370 of the Constitution of India

There is a question in the mind of the whole world what changes have happened in the state of Jammu and Kashmir before and after 370 was removed? That's why we have tried to understand this change in two parts.






A. What is the history of the state of Jammu and Kashmir before the removal of Article 370?

What is Article 370? The draft of how Jammu and Kashmir will be related to India was prepared by the government of Jammu and Kashmir itself. The Constituent Assembly of Jammu and Kashmir had accepted Article 306A (now Article 370) on May 27, 1949 with some changes. Then on October 17, 1949, this article became a part of the Indian Constitution. Keep in mind that the constitution was adopted on November 26, 1949. According to the terms of the 'Instruments of Accession of Jammu and Kashmir to India', it was mentioned in Article 370 that the Parliament of the country does not have the right to make laws for Jammu and Kashmir in any other subject except defence, foreign affairs and communication. Will happen. Also, Jammu and Kashmir was allowed to make its own separate constitution.


The princely states that merged with India after independence included the princely state of Jammu and Kashmir. After Pakistani tribesmen attacked Jammu and Kashmir, Maharaja Hari Singh signed the documents of its accession to India.

The State of Jammu and Kashmir has been accorded a special status in our Constitution under Article 370. The historical backdrop to this State warrants the grant of a special status to the State of Jammu and Kashmir . Originally , Maharaja Hari Singh ruled the State of Jammu and Kashmir . During an attack on that territory , the Maharaja signed the Instrument of Accession , through which the Dominion of India gained control to regulate the State in matters of Defence , External Affairs and Communications .


The State of Jammu and Kashmir was included in the Part B states , but after the States Reorganisation Act , 1956 this part was abolished and the State of Jammu and Kashmir was included in the list of States of the Union of India . It is to be noted that the accession was in the same form as entered into by the Rulers of numerous other States acceding to India .


In 1954 , the Constituent Assembly of the State of Jammu and Kashmir ratified the State Accession . Therefore , there was a valid legal basis to this accession . However , till date there are contradicting claims raised by Pakistan over the State of Jammu and Kashmir . The circumstances in which the State of Jammu and Kashmir acceded to India were the contributing actor for giving this State a special Status. The Government of India had declared that it was upto the people of the State of Jammu and Kashmir , represented in the Constitution Assembly , to determine the Constitution of the State and the jurisdiction of the Union of India . The future of the State was left to the will of the people determining it in the Constituent Assembly .


APPLICABILITY OF PROVISIONS OF THE CONSTITUTION

OF INDIA The State of Jammu and Kashmir has a separate Constitution, and only Article 1 and 370 of the Constitution of India apply to the State of Jammu and Kashmir [ Article 370 ( 1 ) ( c ) ] , and the application of the rest of the provisions of the Constitution of India is left to the President in consultation with the government of the State [ Article 370 (1 ) ( d ) ] .


Furthermore, Parliament has the power to make laws for the State of Jammu and Kashmir to a limited extent [ Article 370 ( 1 ) ( b ) ] . The matters over which they can legislate are :


1. those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and


2. such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.


By view of these powers the Constitution ( Application to Jammu and Kashmir ) Order , 1950 was made by the President specifying the Parliaments power to legislate on matters relating to foreign affairs . defence and communications . Thereafter , another order was passed by the President , namely , Constitution ( Application to Jammu and Kashmir ) Order , 1954 whereby the jursidiction to legislate by the Parliament was was extended to all the Union subjects and was no longer limited to foreign affairs , defence and communications . It is to be noted that this Article was a temporary provision inserted in the Constitution of India, however , till date it finds a place in the Constitution of India .


Article 370. Temporary provisions with respect Jammu and Kashmir .-

( 1 ) Notwithstanding anything in this to the State of Constitution,

( a ) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir ;

( b ) the power of Parliament to make laws for the said State shall be limited to

( i ) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to State of Jammu and Kashmir matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which

the Dominion Legislature may make laws for that State; and


( ii ) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.


Explanation:- For the purposes of this Article. the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja Proclamation dated the fifth day of March, 1948


(c) the provisions of Article 1 and of this Article shall apply in relation to that State ;


(d)such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify :


Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i ) of sub-clause ( 6 ) shall be issued except in consultation with the Government of the State : Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government .


( 2 ) If the concurrence of the Government of the State referred to in paragraph ( ii ) of sub-clause ( b ) of clause ( 1 )or in the second proviso to sub-clause ( d ) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.


( 3 )Notwithstanding anything in the foregoing provisions of this Article, the President may ,

by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify : Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification


STATE CONSTITUTION

The ConstituentAssembly of the State of Jammu and Kashmir made efforts to draft the Constitution for the State . After setting up various committees and deliberating over the Constitution for the State , theConstitution for the State of Jammu and Kashmir came into effect from 26 January ,1957.


The Constitution of this State recognizes itself to be an integral part of India . There are provisions made with respect to the territory of the State . It includes all the territories which were under the sovereignty or suzerainty of the Ruler , on 15 August , 1957. The executive and the legislative powers of the State are plenary , however , they are subject to the Parliament power to legislate for the State . Furthermore , provisions advantageous to permanent residents of the State have been made . According to this Constitution , no person other than a permanent resident of that State can acquire property in the State after 14 May 1954.


The Union under this Constitution does not have the power suspend the State Constitution ground of non - compliance of directions under Article 365 . The Union does not have the power to make a Proclamation of emergency under Article 360 in the State of Jammu and Kashmir . Special rights have been given to the permanent residents under this Constitution .


Executive

The executive setup in this Constitution is similar to that in the Constitution of India . By view of the Constitution of Jammu and Kashmir ( Sixth Amendment ) Act , 1965 the Executive head of the State of Jammu and Kashmir is the Governor , who is appointed by the President under his hand and seal . The executive power of the State is vested in the Governor , exercisable with the aid of the Council of Ministers . The governor holds office for a period of five years . The Chief Minister heads the Council of Ministers and this forms the Cabinet . They are collectively responsible to the Legislative Assembly . The civil servants hold office at the pleasure of the Governor .


Legislature

The Legislature of the State consists of two Houses , i.e. the Legislative Assembly and the legislative council .


The Legislative Assembly : It consists of one hundred members chosen by direct election from territorial constituencies , and two women members nominated by the Governor . Out of these ,Twenty four seats are to be kept vacant to be filled by people living in Pakistan occupied Kashmir .


The Legislative Council : The Legislative council shall consist of 36 members , out of which eleven members are to be elected by the members of the legislative Assemblies from persons residing in Province of Kashmir , provided that one of such persons is a resident of Tehsil Ladakh and one of Tehsil Kargil ; Eleven persons elected from Legislative Assembly from amongst persons resident of Jammu Province . Various electorates such as the Municipal Councils and local bodies elect the remaining members


Judiciary

The High Court of the State will consist of a Chief justice and two or more judges . A judge of the High Court is to be appointed by the President after consultation with the Chief Justice of the State . However , the Chief Justice will be appointed by the President after consulting the ChiefJustice of India and the Governor of the State .



B. What has changed in the state of Jammu and Kashmir after Article 370 was removed?


Jammu and Kashmir: Know what were Article-370 and 35A,

Article-370:-Article 370 used to give special status to Jammu and Kashmir, but it also hurt the fundamental rights of the constitution itself, which was called the soul of the constitution by Babasaheb Ambedkar. Articles 370 and 35A in Jammu and Kashmir The provisions were applicable from 17th November, 1952. These articles gave certain rights and facilities to Jammu and Kashmir and its citizens, which are different from other parts of the country. When the government abrogated most of the provisions of Article-370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens were also curtailed.


Article-35A:-Through Article-35A, the rules of permanent citizenship of Jammu and Kashmir and the rights of citizens were fixed. Like - according to this provision, only those who have been living in the state for 10 years on or before May 14, 1954 and those who acquired property there Was said to be a permanent citizen of Jammu and Kashmir. These residents used to get special rights. Only permanent residents had the rights to buy land in the state, get government jobs, and take advantage of government schemes. Outsiders / other people did not have the right to buy land here, get government jobs, enroll in institutions. If a woman from Jammu and Kashmir marries a person from any other state of India, then she has rights over her ancestral property. Used to be snatched away. But it was not so in the case of men. But after the government removed Article-35A from Jammu and Kashmir, these rules changed – now any citizen of the country is able to buy land in the state of Jammu and Kashmir. They can also do government jobs there.


It is said that before the removal of 370, the shackles of 370 made the country realize one country, two legislations, two heads and two symbols. According to Article 370, the state of Jammu and Kashmir got special rights. The separate flag and separate constitution of Jammu and Kashmir used to run. The permission of the state was necessary to make all the laws except on the subjects of defence, foreign affairs and communication. The citizens of Jammu and Kashmir used to have dual citizenship. People from other states could not buy land in Jammu and Kashmir. Article 370 gave special status to Jammu and Kashmir, but it also hurt the fundamental rights of the constitution, which was called the soul of the constitution by Babasaheb Ambedkar. . Article 370 was the tussle between Jammu and Kashmir and the country for 72 years.


What is the status of Article 370 now?

On August 5, 2019, the Central Government took a historic decision and nullified key clauses of Article 370 that gave special status to Jammu and Kashmir. Also divided Jammu and Kashmir into two Union Territories – Jammu Kashmir and Ladakh. The provisions of Article-370 and 35A were applicable in Jammu and Kashmir from November 17, 1952. These articles gave certain rights and facilities to Jammu and Kashmir and its citizens, which are different from other parts of the country. When the government abrogated most of the provisions of Article-370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens were also curtailed. Here are the key things that changed...Let us know some special questions related to this and their answers…


• Earlier the citizens of Jammu and Kashmir had dual citizenship. This state also had its own flag. With the removal of the provisions of Article-370, these things ended.


• Earlier in Jammu and Kashmir, insulting the national flag or national symbols of India was not considered a crime. But with the removal of 370, like other parts of the country, these activities have come under the category of crime.


• The orders of the Supreme Court were not valid in Jammu and Kashmir earlier. Now the citizens there also have to obey the orders of the apex court.


• Earlier, except for defence, foreign affairs, communications, the consent of the Jammu and Kashmir Legislative Assembly had to be taken, now the central government can implement its own laws there.


• Earlier the term of Jammu and Kashmir Legislative Assembly was of six years. Now with the removal of the provision of Article 370, the tenure of the assembly will be five years like all other states.


• However, there is no assembly as of now. With the abrogation of the provisions of Article-370, Jammu and Kashmir was divided into two Union Territories of Jammu and Kashmir and Ladakh.


• Jammu and Kashmir is a union territory with a legislature on the lines of Delhi and Puducherry. While Ladakh is a union territory without assembly like Chandigarh.


• Earlier Hindu-Sikh minorities in Kashmir did not get 16 per cent reservation. Now with the repeal of the provisions of Article-370, the minorities there are also getting the benefit of reservation.


At the same time, through Article-35A, the rules of permanent citizenship of Jammu and Kashmir and the rights of citizens were decided. As -According to this provision, only those who had resided in the state for 10 years on or before May 14, 1954, and acquired property there, were said to be permanent citizens of Jammu and Kashmir. These residents used to get special rights.Only permanent residents were entitled to purchase land, get government jobs, and avail benefits of government schemes in the state. Outsiders/others did not have the right to buy land, get government jobs, enroll in institutions here.


If a woman from Jammu and Kashmir had married a person from any other state of India, then her rights over her ancestral property would have been snatched away. But this was not the case with men. But with the removal of Article-35A from Jammu and Kashmir by the government, these rules have changed – and the discrimination between men and women in rights in Jammu and Kashmir has come to an end.Students from any state of the country can take admission in higher education institutions there. Not only this, now any person of the country can go and settle in Kashmir.


1. Can President's Rule be imposed in Jammu and Kashmir now?

Yes, after the removal of Article 370, President's rule can be imposed there. Earlier, the President did not have the right to dismiss the state government, that is, there was no President's rule, but Governor's rule. Now President's rule can be imposed there


2.Will financial emergency be imposed in Jammu and Kashmir now?

Under Article 360 of the Indian Constitution, there is a provision to impose financial emergency in the country. That too did not apply to Jammu and Kashmir. Now financial emergency can be implemented here.


3.Now how many years will be the term of the Legislative Assembly of Jammu and Kashmir?

The tenure of the Legislative Assembly of Jammu and Kashmir was of 6 years, while the tenure of the Legislative Assemblies of other states of India is 5 years. After the removal of Article-370, the tenure of the assembly will be 5 years here too.


4. What other changes took place in Jammu and Kashmir after its removal?

Minorities did not get reservations in Kashmir but now they will get it. There citizens used to have dual citizenship which will end now. Apart from this, there used to be a separate flag and a separate constitution in Jammu and Kashmir, which is no longer there. The laws passed in the Parliament were not immediately applicable in Jammu and Kashmir, now they will be applicable.











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