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"Article 370 / अनुच्छेद 370"

                        "Article   370 / अनुच्छेद 370"                                  


What is Article 370? 


Embedded in 1954: Four years after the Constitution of India was executed in 1950, the Article 370 of the Indian constitution appeared in 1954 through a special request gave by the President of India.

Conceded Special Status: Article 370 allowed special status to the State of Jammu and Kashmir and had enabled it to have a different constitution, double citizenship, a state banner and self-governance over the inside organization of the state.

Transitory in Nature: The article was drafted in Part XXI of the Constitution as Temporary, Transitional and had Special Provisions. The Constituent Assembly of Jammu and Kashmir which was engaged to suggest the articles of the Indian constitution that ought to be applied to the state or to revoke the Article 370 through and through, was counseled before issuance of Presidential request in 1954. Article 370 was an impermanent arrangement as its appropriateness was proposed to last till the definition and reception of the State's constitution.

Disintegration of J&K Constituent Assembly: Since the State's constituent assembly broke up itself on 25 January 1957 without suggesting either repeal or change of the Article 370, the Article remained inside the constitution of India. All things considered Union of India was enabled to repeal, revise the arrangements in Article 370 as there was not any more a Constituent Assembly to which any reference could be made.

Separate Set of Laws: Despite being a State of Union of India, the Article 370 and 35A on Kashmir characterized that the Jammu and Kashmir state's occupants would live under a different arrangement of laws, including those identified with Citizenship, responsibility for, and major rights when contrasted with inhabitants of other Indian states. Both these Articles restricted Indian residents from different states from purchasing any land or property in Jammu and Kashmir

Procedure to Abrogate/Amend Article 370: According to shri Gulzari Lal Nanda, Home Minister of India during 1963-66, the terms for the "special status" conceded to Jammu and Kashmir in this Article had an "exceptionally basic" procedure of revision. It could be revised by an Executive Order of the President of India, while the forces of every single other state must be altered by the typical procedure of (constitutional) change which had stringent conditions.

Notwithstanding the first requests gave by the President of India from 1951 to 1954, forty-seven Presidential requests were given between 11 February 1956 and 19 February 1994, making different arrangements of the Constitution of India material to Jammu and Kashmir.

Article 370 of the Indian constitution gave special status to Jammu and Kashmir—a state in India, situated in the northern part of the Indian subcontinent, and a part of the bigger locale of Kashmir, which has been the subject of debate between India, Pakistan, and China since 1947 consulting it with the ability to have a different constitution, a state banner and self-sufficiency over the inward organization of the state. The legislature of India denied this special status in August 2019 through a Presidential Request and the entry of a goals in Parliament.

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