Daily Current Affairs : 4-July-2023
Article 370 of the Indian Constitution, which granted special status to the state of Jammu and Kashmir (J&K), has been a subject of intense debate and controversy. In 2019, the Indian government decided to abrogate Article 370, leading to a series of petitions challenging this decision in the Supreme Court. This essay delves into the background, provisions, significance, and arguments surrounding Article 370, as well as the challenges associated with its abrogation.
Article 370 and its Consequences
- Presidential Orders and the Jammu and Kashmir Reorganisation Act:
- The petitions challenge the Presidential Orders of 2019 and The Jammu and Kashmir Reorganisation Act, 2019.
- The orders revoked the special status granted to J&K under Article 370 and reorganized the state into two Union Territories.
- Provisions of Article 370:
- Article 370 exempts J&K from the Indian Constitution, except for Article 1 and Article 370 itself, allowing the state to draft its own Constitution.
- It restricts Parliament’s legislative powers in respect of J&K, requiring the state government’s concurrence for extending central laws.
- Terms included in the Instrument of Accession for Kashmir:
- The Instrument of Accession granted Parliament the power to legislate in defense, external affairs, and communications for J&K.
Enactment and Interpretation of Article 370
- Enactment of Article 370:
- The original draft was provided by the Government of J&K and was passed in the Constituent Assembly in 1949.
- Article 370 was considered temporary, subject to modification or deletion by the J&K Constituent Assembly, which decided to retain it.
- Interpretation of Article 370 by the Supreme Court:
- The Supreme Court ruled that despite the word “temporary” in the headnote, Article 370 is not temporary.
- In the Sampat Prakash case, the Court stated that Article 370 has never ceased to be operative, establishing it as a permanent provision.
Deletion of Article 370
- Provisions for deletion:
- Article 370(3) permits deletion through a Presidential Order, preceded by the concurrence of J&K’s Constituent Assembly.
- With the dissolution of the Assembly in 1957, one view suggests that Article 370 cannot be deleted anymore, while another view requires the concurrence of the State Assembly.
Significance for the Indian Union
- Use of Article 370:
- Article 370 has been used at least 45 times to extend provisions of the Indian Constitution to J&K.
- Most of the Constitution, including Constitutional amendments, Union List entries, Concurrent List items, and Articles, has been extended to J&K.
- Article 35A:
- Article 35A, introduced through a Presidential Order in 1954, stems from Article 370 and grants special rights and privileges to J&K’s permanent residents.
Arguments Surrounding the Abrogation of Article 370
- Arguments in favor:
- Better relationship between Indians and Kashmir population.
- Economic benefits for Kashmiris through employment and land leasing.
- Improved access to education for all Kashmiris.
- Arguments against:
- Perceived unconstitutionality and comparison to a dictatorship.
- Ignoring the demands and aspirations of the people of Kashmir.
- Change in status from state to union territory.
Challenges Associated with Abrogation
- Constitutionality and Basic Structure:
- The Supreme Court will examine whether abrogating Article 370 violates the basic structure of the Constitution, as it is considered part of federalism.
- Article 35A predates the basic structure theory, making it exempt from the basic structure test.
- Restrictions on land and reservation issues:
- Restrictions on land purchase and reservation benefits for SCs, STs, OBCs, and those living along international borders have raised concerns in J&K.
Important Points:
- Article 370 granted special status to Jammu and Kashmir (J&K) under the Indian Constitution.
- The abrogation of Article 370 was challenged in the Supreme Court through various petitions.
- The Presidential Orders of 2019 and the Jammu and Kashmir Reorganisation Act, 2019 revoked the special status granted to J&K and reorganized the state into two Union Territories.
- Article 370 exempted J&K from most provisions of the Indian Constitution, except for Article 1 and Article 370 itself, allowing the state to draft its own Constitution.
- Parliament’s legislative powers in respect of J&K were restricted under Article 370, requiring the state government’s concurrence for extending central laws.
- The Instrument of Accession granted Parliament the power to legislate on defense, external affairs, and communications for J&K.
- Article 370 was initially considered temporary, subject to modification or deletion by the J&K Constituent Assembly, but the Supreme Court ruled it as a permanent provision.
- Deletion of Article 370 can be done through a Presidential Order, but there are differing views on whether it can be deleted without the concurrence of the State Assembly.
- Article 370 has been used multiple times to extend provisions of the Indian Constitution to J&K, encompassing various aspects of governance.
- Article 35A, stemming from Article 370, grants special rights and privileges to J&K’s permanent residents.
- Arguments in favor of abrogating Article 370 include improved relationships, economic benefits, and increased access to education for Kashmiris.
- Arguments against the repeal of Article 370 include claims of unconstitutionality, disregarding the demands of the people of Kashmir, and the change in status from a state to a union territory.
- Challenges associated with the abrogation include examining its constitutionality and whether it violates the basic structure of the Constitution.
- Restrictions on land purchase and issues related to reservation benefits have raised concerns in the erstwhile state of J&K.
Why In News
The Supreme Court, scheduled to hear a series of approximately 23 petitions, will deliberate on the constitutional validity of the Centre’s decision to revoke Article 370, a provision that granted special status to Jammu and Kashmir. This crucial legal battle holds immense significance in determining the future course of action for the region and its constitutional framework.
MCQs about Article 370
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What was the main consequence of the abrogation of Article 370 in Jammu and Kashmir?
A. Granting special status to J&K under the Indian Constitution.
B. Reorganizing J&K into two Union Territories.
C. Strengthening the legislative powers of the J&K government.
D. Establishing a separate Constitution for J&K.
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What does Article 370 of the Indian Constitution exempt Jammu and Kashmir from?
A. All provisions of the Indian Constitution.
B. Legislative powers of the Indian Parliament.
C. Drafting its own Constitution.
D. The Instrument of Accession.
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How was Article 370 interpreted by the Supreme Court?
A. It was deemed temporary until a plebiscite.
B. It was considered unconstitutional and invalid.
C. It was ruled as a permanent provision.
D. It was subject to modification by the J&K Constituent Assembly.
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What is the significance of Article 35A?
A. It grants special status to Jammu and Kashmir.
B. It allows J&K to draft its own Constitution.
C. It provides reservation benefits in J&K.
D. It gives legislative powers to the J&K government.
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