Supreme Court seeks Centre’s reply on plea against special status to J&K

Article 370:

  • Article 370 of the Indian constitution is an article that grants special autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The State’s Constituent Assembly was empowered to recommend the articles of the Indian constitution to be applied to the state or to abrogate the Article 370 altogether. After the state Constituent Assembly has dissolved itself without recommending abrogation, the Article 370 was deemed to have become a permanent feature of the Indian Constitution.

  • This was a “temporary provision” in that its applicability was intended to last till the formulation and adoption of the State’s constitution.

  • However, the State’s constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370.

  • Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in October 2015.

Provisions: 

  • According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws.

  • Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

  • As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.

  • Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state.

  • It can declare emergency in the state only in case of war or external aggression.

  • The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

Source:TH

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