Skip to main content

LEGAL VIEW ON ABROGATION OF ARTICLE 370

           LEGAL VIEW ON ABROGATION OF ARTICLE 370



INTRODUCTION

The Constitution (Application to Jammu and Kashmir) Order, 2019 was issued by the President of India on August 5, 2019, in the exercise of the powers provided by Clause (1) of Article 370 of the Constitution. The Government of India amended Article 370 as a result of this. The Indian Union's relationship with the state of Jammu and Kashmir has been drastically affected as a result of this action by the Indian government.

BACKGROUND

Article 370 was inserted to the Indian constitution on October 17, 1949, as a 'temporary clause' that exempted Jammu & Kashmir from the Indian constitution, allowing it to establish its own constitution and limiting the Indian Parliament's legislative powers in the state.The J&K Constituent Assembly was disbanded after it drafted the state's constitution under Article 370, which gave it the right to recommend which elements of the Indian Constitution should apply to the state.

Article 35A is derived from Article 370 and was enacted by Presidential Order in 1954 in response to the J&K Constituent Assembly's request.It gives the Jammu and Kashmir legislature the authority to define the state's permanent residents, as well as their particular rights and advantages.

KEY AMENDMENTS

The Presidential Order of 1954 has been replaced by the Constitution (Application to Jammu and Kashmir) Order of 2019.

Following that, Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019, which divides Jammu and Kashmir into two new Union Territories (UTs): Jammu & Kashmir and Ladakh. Five of the six Lok Sabha seats currently held by the state of Jammu and Kashmir are held by the union territory of Jammu and Kashmir, and one by Ladakh.


STATUS OF J&K UNION TERRITORY

The Assembly can pass legislation on any subject in the State and Concurrent lists, save state issues relating to "public order" and "police," according to Section 32 of the J&K 2019 Bill. Article 239 A of the Constitution, which applies to the Union Territories of Puducherry and Delhi, is similar. Article 370's unique status for J&K will be removed. Because the new union territory of Jammu and Kashmir would be governed by the Indian Constitution, its residents will have access to the Indian Constitution's Fundamental Rights. The provisions of Article 360, which can be used to declare a financial emergency, apply. All laws passed by Parliament, including the Right to Information Act and the Right to Education Act, would apply in Jammu and Kashmir.


.

THE NEED FOR CHANGES

The Indian constitution was amended to include Article 370, which grants J&K autonomy. However, it did not address the well-being of Kashmiris, who have already lived through two generations of militancy and violence, resulting in a growing divide between Kashmir and the rest of the country.


.

CONCLUSION

By establishing a thorough outreach effort to all Kashmiris, the government can minimise the issues arising from the action on Article 370. In this backdrop, Atal Bihari Vajpayee's Kashmiriyat, Insaniyat, Jamhooriyat (Kashmir's inclusive culture, humanitarianism, and democracy) for a Kashmir solution should become a cornerstone of the State's forces of reconciliation.
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more