Daily Current Affairs : 14-August-2023
The debates before the Constitution Bench of the Supreme Court regarding the abrogation of Jammu and Kashmir’s special status under Article 370 shed light on the historical background of the state’s unique privileges. These privileges were in effect until August 2019 when the central government revoked them. The history behind this special status reveals the complex circumstances that led to its grant and subsequent removal.
The Genesis of Special Status
Jammu and Kashmir was granted special status due to its unique circumstances at the time of India’s Independence. In October 1947, Maharaja Hari Singh found himself facing military attacks from Pakistan and an influx of armed tribesmen from the North-West Frontier. Seeking assistance, he submitted an ‘Instrument of Accession’ to India’s Governor-General, Lord Mountbatten, which outlined the terms of the accession. This accession wasn’t unconditional; it specified areas where the Dominion legislature could make laws for the state, while others remained under the state’s jurisdiction. These areas included Defense, Foreign Affairs, and Communications.
The Temporary Nature of Accession
At the time of its accession, Jammu and Kashmir had its own Constitution since 1939, while India followed the Government of India Act, 1935. Hari Singh had included a condition in the Instrument of Accession that it could not be altered without his consent. When Article 370 was incorporated into India’s Constitution, it was designed to reflect the spirit of the Instrument of Accession. Therefore, the debate around whether the special status could be unilaterally revoked is rooted in history rather than just legal considerations.
Key Features of Article 370
Article 370, falling under the heading ‘Temporary provisions with respect to the State of Jammu and Kashmir,’ had three core principles:
- Legislative Authority: Parliament’s power to make laws for Jammu and Kashmir was limited to matters specified in the Instrument of Accession. On other subjects, Parliament required the state government’s ‘concurrence.’
- Applicability of Laws: Indian laws did not automatically apply to Jammu and Kashmir, except for Article 1 (which defines India as a Union of States) and Article 370 itself. Other provisions of the Indian Constitution were applied through presidential orders, subject to exceptions and modifications.
- Inoperability: The President could declare Article 370 inoperative if recommended by the State Constituent Assembly.
The Abrogation of Special Status
The special status was removed on August 5, 2019, through a series of steps:
- Presidential Order: President Ram Nath Kovind issued an Order with the concurrence of the State government. As the state was under President’s Rule, the State Governor’s concurrence was presumed.
- Application of Indian Constitution: The Order made all provisions of the Indian Constitution applicable to Jammu and Kashmir, superseding the Constitution (Application to Jammu and Kashmir) Order, 1954.
- Parliament’s Role: Parliament, representing the J&K Legislative Assembly, recommended the inoperability of Article 370.
- Final Step: The President issued another order rendering Article 370 inoperative, with the exception that all provisions of the Constitution would apply to Jammu and Kashmir.
Important Points:
The Genesis of Special Status
- Special status due to unique circumstances during India’s Independence.
- Maharaja Hari Singh’s challenges: military attacks from Pakistan, influx of armed tribesmen.
- Instrument of Accession submitted with specified terms.
- Dominion legislature’s authority on certain subjects while state retained power on others.
The Temporary Nature of Accession
- Jammu and Kashmir’s own Constitution since 1939; India under Government of India Act, 1935.
- Hari Singh’s condition in Instrument of Accession.
- Article 370 reflects spirit of Accession.
- Historical basis for debate on revoking special status.
Key Features of Article 370
- Falls under ‘Temporary provisions with respect to the State of Jammu and Kashmir.’
- Three core principles:
- Limited legislative power of Parliament according to Instrument of Accession.
- Applicability of Indian laws subject to state government’s ‘concurrence.’
- Inoperability of Article 370 if recommended by State Constituent Assembly.
The Abrogation of Special Status
- Abrogation process in August 2019:
- Presidential Order with state government’s concurrence.
- Indian Constitution made applicable to Jammu and Kashmir.
- Parliament’s recommendation for inoperability of Article 370.
- Final Presidential order making Article 370 inoperative except for specified provisions.
Why In News
The ongoing deliberations before a Constitution Bench of the Supreme Court regarding the revocation of Jammu and Kashmir’s special status under Article 370 provide valuable insights into the historical context that underscored the State’s distinctive privileges until their removal by the Centre in August 2019. These arguments serve as a crucial avenue for comprehending the intricate evolution of the region’s constitutional framework and its implications for the broader landscape of Indian governance.
MCQs about Jammu and Kashmir’s Special Status
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What was the reason behind Jammu and Kashmir’s special status under Article 370?
A. It was a reward for its economic contributions to India.
B. Maharaja Hari Singh unconditionally surrendered his state to India.
C. Due to the unique circumstances during its accession to India after Independence.
D. It was a result of a popular demand by the people of Jammu and Kashmir.
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What were the core principles of Article 370 in relation to Jammu and Kashmir’s legislative authority?
A. Parliament had complete legislative power over all matters.
B. Parliament’s authority was limited to matters specified in the Instrument of Accession.
C. The state had absolute legislative power over all matters.
D. State laws were entirely subordinate to Indian laws.
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When was Article 370 rendered inoperative, and what clause was retained?
A. It was rendered inoperative in 1954, with all clauses removed.
B. It was rendered inoperative in 2019, with no clauses retained.
C. It was rendered inoperative in 2019, except for a clause applying all provisions of the Constitution to Jammu and Kashmir.
D. It was rendered inoperative in 1947, with only Defense, Foreign Affairs, and Communications retained.
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What was the role of Parliament in the abrogation of Jammu and Kashmir’s special status?
A. Parliament could unilaterally abrogate Article 370 without any input.
B. Parliament’s role was only advisory and had no impact on the special status.
C. Parliament acted on behalf of the J&K Legislative Assembly to recommend abrogation.
D. Parliament’s role was to ratify the decision made solely by the central government.
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