But in case of the state of Jammu and Kashmir law making powers are limited by (a) Sub-Cl. The misery of the people increased due to natural calamities as well, such as premature snow falls, which would destroy a ripe rice crop leading to famines. The number of seats in the Legislative Assembly of Jammu and Kashmir shall be, The state assembly currently has 111 seats, of which 46 are in the Valley, 37 in Jammu and the remaining. Q 4. Ladakh remained critical for Indias national security. IAS Foundation 2023-24 ; GS Mains Classes 2023 (Basic to Advance) Settlement in different parts of the State. The order effectively revokes the special status accorded to Jammu and Kashmir under the provision of Article 370 whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K) = The provisions of the Indian Constitution are now applicable in the State. It will change the demographic stats of the state. The Constitution of the state was enforced with effect from 26 January 1957. In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly, earlier law shall prevail and law made by the Legislative Assembly shall be void. The court said Article 35A gave "protection" to existing laws in force in the State. Shall intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir. Art.370 gave special status to the state of Jammu and Kashmir. Indian government had shown brutal force to quash the protest and uprising after the revocation of article 370. Yes, Role and powers of the Lieutenant Governor, Your Mobile number and Email id will not be published. and also for UPSC civil . Via the 1952 Delhi Agreement, the Government of India conceded the wishes of the state's people and the monarchy was abolished. Above Village Hyper Market, Chandralyout Main Road, The provision mandates thatno act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land. He should take the National Conference leader Sheikh Abdullah into government and make him responsible for it along with the prime minister. Your Mobile number and Email id will not be published. 1. Film industry would come to J&K for shooting their projects. Article 370 itself was used to make it weak after remaining on the Constitution book for 70 years. Course Calendar ; GS Classes . At ForumIAS, we have a dream. Article 360, which can be used to declare a Financial Emergency, will now also be applicable. The new doctrine will have to persuade the majority of the people of Jammu and Kashmir that greater integration with India will provide them with more opportunities, provide more freedom and space, and strengthen their rights much more than the alternatives proposed by other mainstream parties or separatists. The first Governor General of Pakistan, Mohammad Ali Jinnah claimed in a meeting with the then Governor General of India Lord Mountbatten that he was in a position "to gall the whole thing off subject to some of his demands being met. Zanskar Range is a part of Kargil. With the signature of the Maharaja and the acceptance by the Governor-General, the princely state of Jammu and Kashmir became a part of the Dominion of India. This allows the Union Territory of Jammu and Kashmir to function as a legislative assembly under an administrator appointed under the said Article. Shall take immediate steps for reducing the risk of accidental or unauthorised use of nuclear weapons and discuss concepts and doctrines with a view to elaborating measures for confidence building in the nuclear and conventional fields, aimed at prevention of conflict. The L-G will have the power to promulgate ordinances which shall have the same force and effect as an act of the Legislative Assembly assented by the L-G. There is no evidence that coming under direct control of the central government would certainly lead to greater development of the region. Unable to withstand the invasion, the Maharaja requested India for military assistance. Though in this part (Part XXI) special provision are given to the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh and Goa, the special power and provision of J & K are nowhere when compared. Indeed, Pakistan briefly threatened to reconsider its adherence to bilateral treaties, including the Simla Agreement, in response to Indias latest move. Sport training, scientific education will help the youth of J&K to showcase their talent across the world. The benefits are wide-ranging, it will increase industrialization, thereby increasing employment opportunities to the youth of Jammu and Kashmir. It will insulate Ladakh from the happenings in the other two regions and provide for greater development of the region. Making provisions for the return of the permanent residents of the State who migrated to the territories included in Pakistan under permit for settlement. . GS SCORE: Abrogation of Article 370 upsc mains exam. The Article 370 is defined under Part XXI of the Indian Constitution which deals with Temporary, Transitional and Special Provisions. Centre is engaging with J&K leaders for future political plans. These bilateral efforts are at an end at present, and little has moved since the last negotiations on Kashmir in 2003-2008, when Indian and Pakistani negotiators discussed the four-step formula. (1) Notwithstanding anything in this Constitution. The reaction from the public would be uncontrollable as it is. Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. re scattered across J&K and Ladakh. Though the Presidential Order may face legal scrutiny, as matters currently stand, Jammu and Kashmir will witness historic political and geographic changes. When India got freedom in 1947 the land was divided into two parts- India and Pakistan. Conclusion:-. The constituencies to be re-organised through a de-limitation exercise under the 2002 Act of Parliament. It will also increase pressure on landholdings, farm activity, etc. It was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. After the death of Maharaja Pratap Singh his nephew Maharaja Sir Hari Singh ascended the throne in 1925. India has always opposed any suggestion of third-party mediation on Jammu and Kashmir; both the 1972 Shimla Agreement and the 1999 Lahore declaration included Indias and Pakistans commitment to resolving issues between them. Legislations to confer special rights and privileges are exempt from being annulled on the ground that they infringe on any of the fundamental rights provided under the Indian Constitution. It will benefit the Scheduled Castes and Scheduled Tribes living in Jammu and Kashmir. Q) What was the Article 370 removal date? Soon, Indian forces were prepared for a major high-altitude offensive against Pakistani posts along the border in the disputed Kashmir region. As with any bilateral treaty, the status or definition of the LoC can be legally altered only with the agreement of both India and Pakistan. The accord renamed the cease fire line in J&K as the LOC. It skins the poor. This Order comes into force at once, and shall supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.. by Nirendra Dev. Topicwise Notes for entire UPSC Syllabus. The state turned to India for help, which started air-lifting essential items like salt and kerosene. He was a member of the Drafting Committee of the Constitution, was a leader of the Rajya Sabha and a cabinet minister in the Government of India, first as a minister without portfolio but looking after Kashmir Affairs, and later as the railway minister, UPSC Mains General Studies Paper-II Strategy, Syllabus & Structure, Topic-Wise General Studies Paper 2 Questions for UPSC Mains, Previous Years Constitution Questions in UPSC Mains General Studies Paper 2, Previous Years Polity Questions in UPSC Mains General Studies Paper 2, Frequently Asked Questions related to Article 370. It is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are permanent residents of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. Non-permanent residents are denied all the special rights. In the interest of security, this is a good move. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Would love your thoughts, please comment. Pakistan never fulfilled these assurances. Due to this lack of job avenues to the educated unemployed youth of state is forcing them to move out to other states for finding suitable source of bread earning. Laws related to union and concurrent list in J & K can be passed only after consultation with the state government. It discriminates against women who marry outside the state from applying for jobs or buying a property. The intention behind this reference was to prevent a war between the two newly independent countries, which would have become increasingly likely if the tribal invaders assisted first indirectly and then actively by the Pakistan army had persisted with their agitations against India in Kashmir. And the same was to be done with the consultation and concurrence of the State Government. In 1947, Britain gave up its rule of India. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land. Geographically and metaphorically, Jammu and Kashmir is the crown of secular India. But the way it was done is against the democratic principles because the public or the state leaders are not consulted before passing this bill. Later in 1948, The Maharaja appointed Sheikh Abdullah as the Prime Minister and his son Karan Singh as the Prince Regent to act on his behalf. "The abrogation of article 370 was achieved in the teeth of tough resistance.". In the case of Union Territory of Jammu and Kashmir, the. Provision as regards the decision affecting the disposition of the State of J&K. India had made it clear that full implementation of the UN resolutions would be conditional upon Pakistan fulfilling Parts (I) & (II) of the UNGIP resolutions of l3 August, 1948, which inter alia, required that all forges regular and irregular under the control of both sides shall cease fire; Pakistan would withdraw its troops, it would endeavour to secure withdrawal of tribesmen and Pak nationals and India will withdraw bulk of its forges once the UNGIP confirms that the tribesmen and Pak nationals have withdrawn and Pak troops are being withdrawn. 2. Discrimination based on gender because a male resident in J&K will not lose the right of being a permanent resident even after marriage to a woman from outside. Call us @ 08069405205, Want to work at Insights IAS? This may result in loss of opportunities for the local skilled and unskilled labour, farmers, etc. Indian acceptance of these UNGIP resolutions was also subject to several conditions and assurances given by UNGIP including that Pakistan would be excluded from all affairs of Jammu & Kashmir, "Azad J & K Government would not be recognised, sovereignty of J & K government over the entire territory of the State shall not be brought into question, territory occupied by Pakistan shall not be consolidated, and Pakistani troops would be withdrawn completely. Under Article 370 of the Constitution of India, the President had the power of issuing orders for the application of provisions of the Constitution of India with modifications, exceptions, and amendments in the provisions. Above all, the Government underlined, that the decision to abrogate article 370 was purely an , What India calls an internal issue is being subjected to. The Jammu and Kashmir Legislative Assembly to. Provisions for non-application of the amendments carried out by the Parliament of India in the Constitution of India. Thousands of people migrated to India during these hard days, and no wonder the population of the valley came down to two lakhs from nine lakhs. Another reason is that India sees itself as a regional leader, and does not require any assistance in sorting out its issues with other regional countries. Women will enjoy greater rights as all the laws made at the centre will be implemented without any hindrance. There was development in the means of communication and telegraphs. Elements keen to destabilize India would seek to, While Ladakhi Buddhists, for instance, are now celebrating the fulfilment of their long-pending demand for Union Territory status, the. The process of revocation of Article 370, which ties the state with India, needed the approval of J&Ks Constituent Assembly. To recommend that the President issue a notification rendering Article 370 inoperative. Article 370 was included in the Indian Constitution on October 17, 1949, as a temporary provision, which exempts Jammu and Kashmir from the Indian Constitution = allows it to draft its own Constitution and restricting the Indian Parliaments legislative powers in the state. The Bill specifies that the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh will have acommon Lieutenant Governor. As the government has modified the Article 370, diluting special status to Jammu and Kashmir, Article 35 (A), which originates from the provisions of Article 370 stands null and void. Laws relating to an increase or decrease in the area of the State. Prince Karan Singh then accepted the post of Sadar-i-Riyasat (constitutional Head of State). The situation emerging in the western neighbourhood and the possible re-ascendance of the Taliban in Afghanistan call for greater attention and care to be taken in what will remain as J&K after bifurcation. Explain in the context of Simla Agreement and Lahore Declaration? After instigating trouble in each others territory for a period, Delhi and Beijing are now committed to managing the dispute peacefully, while expanding the broader relationship. From 1846 to 1949. But due to unwell administration and wars between India and Pakistan, this article has not been touched. Level: College, High School, University, Undergraduate, Master's. ID 7766556. The 1999 Kargil War took place when Pakistani forces and Kashmiri militants were detected a top the Kargil ridges and when both sides had essentially ceased their military operations. It is important that the process of turning the state into a UT does not lead to alienation. J&K citizens have an implicit dual citizenship, I.e., though there is no specific provision of dual citizen, there are certain rights that only an original resident of Kashmir enjoy. Today its Indias top website and an institution when it comes to imparting quality content, guidance and teaching for IAS Exam. GS SCORE: Abrogation of Article 370 upsc mains exam. A year later, the then Home Minister Gulzari Lal Nanda, again on the floor of Lok Sabha on 4 December 1964, said, Article 370 is a tunnel to take the Constitution of India to Jammu and Kashmir. Elections in Jammu and Kashmir were delayed. India claimed that Aksai Chin belong to Kashmir, China claimed that it was a part of Xinjiang. In short, it accorded special status to the state, giving the J&K legislature free rein to draft its own laws, except in the areas of communications, defence, finance, and foreign affairs. Amit Shah. Firishta records that he persecuted the Hindus and issued orders prohibiting the residence of any other than Muslims in Kashmir. Buoyed by the recent statements of United States President Donald Trump on mediation, Pakistan will attempt to internationalize the issue of Kashmir. Indus Water treaty and Indus Basin development agreement was signed between India and Pakistan with World Bank mediation and facilitation in September 1960. Akbar built a new town near Hariparbat and called it, The rulers of Kabul were great despots, and they ruled all the parts of their kingdom ruthlessly with an iron hand. These two statements by two tall leaders of the country speak volumes about the dilution of Article 370 of the Constitution of India just merely after one decade of its enactment. Provision for delimitation of Parliament Constituencies. Downlo. It is believed that the planning for the operation, by Pakistan, may have occurred about as early as the autumn of 1998. Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. Tensions in Kashmir may have subsided, but the root causes of the violence there have not. It may even push mainstream politicians to promote extremists views. Pakistans softening stand towards J&K is borne out of international pressure as well as the sustained threat of blacklisting by the Financial Action Task Force. Sultan Sikander Butshika of Kashmir considered worst in Muslim Period. Shall refrain from intervention and interference in each other's internal affairs. //]]>, By reorganising Kashmirs political status, Modi govt. From 1846 to 1949, four Dogra kingdoms are ruled in J&K. Maharaja Hari Singh wanted his state to remain independent, joining neither Pakistan nor India but maintaining friendly relations with both. In November 1963, in a debate in Parliament, when Hari Vishnu Kamath argued that Kashmir was not fully integrated, The first and most obvious result could be a. Thus Article 35A is considered to be violating Article 14 of the constitution which provides for equality before the law and equal protection of the laws, thus affecting the basic structure of the constitution. This includes an exemption from constitutional provisions governing other states. After the J&K Constituent Assembly later created the states constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. As evident from the title of the Part, it was supposed to be a temporary provision and its applicability was projected to last till the formulation and adoption of the States constitution. Residuary powers rest with J&K. For the purpose of delimitation, the 2011 census figures are to be taken as the benchmark. Shah Faesal, a 2010 batch IAS officer of AGMUT cadre, withdrawn his petition in the Supreme Court which challenged the abolishment of Article 370. The Centres abrupt move disenfranchised them on a matter that directly affected their life and sentiments. Topical Analysis: New Education Policy 2020, Topical Analysis: Transgender Persons (Protection of Rights) Rules, 2020, Topical Analysis: Linkage between COVID 19 and Child labour, Topical Analysis: Management of Indian Borders, Topical Analysis: Feminisation of agriculture, Topical Analysis: Era Electric Vehicle In India, 1B, Second Floor, Pusa Road, Karol Bagh, New Delhi - 110005 (Beside Karol Bagh Metro Station Gate No. Parliament has very limited jurisdiction in case of J&K. A petition was filed by an NGO challenged the validity of Article 370 against the Delhi High Courts April 11, 2017 order. Of these, 24 seats would be deemed to be vacant till the time Pakistan-Occupied Kashmir comes under the jurisdiction of the Indian state. Therefore the petition challenges the constitutional validity of Article 35A. Like all Indian citizens, Kashmiris seek greater democracy. It would promote gender equality and end discrimination against marginalised communities like the Scheduled Castes (SC) and Scheduled Tribes (ST) in J&K. The strikes like in 2008 can be better . However, abrogating the article altogether. There will be more transparency and accountability in the administration. Back-story on the U.S. offer of mediation, Non-implementation of UN Resolutions by Pakistan. Unemployment in J&K has promoted militancy. The Union Territory of Jammu and Kashmir has a legislative assembly. This lead to war and fighting spread to Punjab, Rajasthan and Kashmir. As per the J&K Instrument of Accession (signed between the erstwhile ruler of the Kashmir and Government of India in 1947). The key to its success lies in finding early political reconciliation within Kashmir and persuading the Pakistan army that its interests are better served by stable, peaceful and legitimate frontier with India. The land borders of India were not defined by a single line, but by what Curzon identified as the three-fold frontier. What's New : But his authority can only be exercised on the prior consent of the States Constituent Assembly. Pakistan and India have fought wars on Kashmir. The Government of India requested the Security Council "to put an end immediately to the giving of such assistance which was an act of aggression against India. The administration as it is important that the Union Territory of Jammu and.. State government youth of Jammu and Kashmir and the same was to be as. The central government would certainly lead to greater development of the States Constituent assembly for return. 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