Article 370 of the Indian Constitution grants special status to Jammu and Kashmir. It allows the state its own constitution and decision-making rights over all matters except defence, communications and foreign affairs. Over time, several presidential orders have diluted some of the special provisions of Article 370. There is ongoing debate and disagreement between political parties over retaining, diluting or fully abrogating Article 370.
This document summarizes key aspects of Article 370 of the Indian constitution regarding the state of Jammu and Kashmir. It discusses the historical context for Article 370, including the accession of Jammu and Kashmir to India in 1947. It outlines the main provisions and special features of Article 370, such as Jammu and Kashmir having its own constitution and the limited applicability of parts of the Indian constitution to the state. The document also discusses the text of Article 370 and the autonomy it provides Jammu and Kashmir in certain matters compared to other Indian states.
Government of India has withdrawn the special status of J&K by invoking the Article 370 which had been seen as firewalling the autonomy of Jammu and Kashmir.
The Constitution (Application to Jammu and Kashmir) Order, 2019, has extended all provisions of the Indian Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights.
This is the first time that Article 370 has been used to amend Article 367 (which deals with Interpretation) in respect of Jammu and Kashmir, and this amendment has then been used to amend Article 370 itself.
Article 370 and Article 35A , Everything and Detailed PPT. #KashmirMeinTirangaDeepak Poddar
Here I am Discuss about Article 370 and 35A which is remove on 5th August by home Minister Amit Saha led by BJP. Tried to collect relevant details .
What is Article 370
What Is Article 35A
Jammu And Kashmir problem
History of Article 370/35A
Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir. It allows Jammu and Kashmir to have its own constitution and limits the central government's legislative power to three areas: defense, communications, and foreign affairs. It was enacted as a temporary provision in response to the unique circumstances under which Jammu and Kashmir joined the Indian union. It provides Jammu and Kashmir greater autonomy compared to other Indian states.
The document discusses Articles 370 and 35A of the Indian constitution regarding the special status of Jammu and Kashmir. Article 370 granted Jammu and Kashmir autonomy over internal administration and allowed it to have its own constitution and flag. Article 35A granted special rights and privileges to permanent residents of Jammu and Kashmir. In August 2019, the government revoked Article 370 through a Presidential order and Parliamentary resolution, removing the special status and making Jammu and Kashmir union territories directly ruled by the central government.
1) The document discusses Article 370 and Article 35A of the Indian constitution which granted special status to the state of Jammu and Kashmir.
2) It provides historical context for the accession of Jammu and Kashmir to India and outlines the key features and provisions of Article 370 and 35A including Jammu and Kashmir having its own constitution and flag.
3) It notes that in 2019, the Indian government revoked Article 370 and 35A, eliminating the special status of Jammu and Kashmir and integrating it fully into India as a union territory. This move is being challenged in the Indian Supreme Court.
This presentation discusses Article 370 of the Indian constitution, which granted special status to the state of Jammu and Kashmir. It provides a history of how Article 370 came into effect in 1949 after the Maharaja of Kashmir signed an instrument of accession to join India. The presentation outlines some of the perceived negative impacts of Article 370, such as lack of development and increased terrorism. It then summarizes the scrapping of Article 370 in August 2019 by the Indian government, bifurcating Jammu and Kashmir into two union territories in an effort to integrate the region fully into India.
The government has scrapped Article 370 which granted special status to Jammu and Kashmir. The state will now be split into two union territories. Article 35A, which defined permanent residents of J&K, has also been abolished. This brings J&K under the full application of the Indian constitution and allows non-residents to buy property and apply for jobs there. While this aims to integrate J&K into India, it may face security threats from Pakistan and protests in Kashmir.
This document summarizes key aspects of Article 370 of the Indian constitution regarding the state of Jammu and Kashmir. It discusses the historical context for Article 370, including the accession of Jammu and Kashmir to India in 1947. It outlines the main provisions and special features of Article 370, such as Jammu and Kashmir having its own constitution and the limited applicability of parts of the Indian constitution to the state. The document also discusses the text of Article 370 and the autonomy it provides Jammu and Kashmir in certain matters compared to other Indian states.
Government of India has withdrawn the special status of J&K by invoking the Article 370 which had been seen as firewalling the autonomy of Jammu and Kashmir.
The Constitution (Application to Jammu and Kashmir) Order, 2019, has extended all provisions of the Indian Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights.
This is the first time that Article 370 has been used to amend Article 367 (which deals with Interpretation) in respect of Jammu and Kashmir, and this amendment has then been used to amend Article 370 itself.
Article 370 and Article 35A , Everything and Detailed PPT. #KashmirMeinTirangaDeepak Poddar
Here I am Discuss about Article 370 and 35A which is remove on 5th August by home Minister Amit Saha led by BJP. Tried to collect relevant details .
What is Article 370
What Is Article 35A
Jammu And Kashmir problem
History of Article 370/35A
Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir. It allows Jammu and Kashmir to have its own constitution and limits the central government's legislative power to three areas: defense, communications, and foreign affairs. It was enacted as a temporary provision in response to the unique circumstances under which Jammu and Kashmir joined the Indian union. It provides Jammu and Kashmir greater autonomy compared to other Indian states.
The document discusses Articles 370 and 35A of the Indian constitution regarding the special status of Jammu and Kashmir. Article 370 granted Jammu and Kashmir autonomy over internal administration and allowed it to have its own constitution and flag. Article 35A granted special rights and privileges to permanent residents of Jammu and Kashmir. In August 2019, the government revoked Article 370 through a Presidential order and Parliamentary resolution, removing the special status and making Jammu and Kashmir union territories directly ruled by the central government.
1) The document discusses Article 370 and Article 35A of the Indian constitution which granted special status to the state of Jammu and Kashmir.
2) It provides historical context for the accession of Jammu and Kashmir to India and outlines the key features and provisions of Article 370 and 35A including Jammu and Kashmir having its own constitution and flag.
3) It notes that in 2019, the Indian government revoked Article 370 and 35A, eliminating the special status of Jammu and Kashmir and integrating it fully into India as a union territory. This move is being challenged in the Indian Supreme Court.
This presentation discusses Article 370 of the Indian constitution, which granted special status to the state of Jammu and Kashmir. It provides a history of how Article 370 came into effect in 1949 after the Maharaja of Kashmir signed an instrument of accession to join India. The presentation outlines some of the perceived negative impacts of Article 370, such as lack of development and increased terrorism. It then summarizes the scrapping of Article 370 in August 2019 by the Indian government, bifurcating Jammu and Kashmir into two union territories in an effort to integrate the region fully into India.
The government has scrapped Article 370 which granted special status to Jammu and Kashmir. The state will now be split into two union territories. Article 35A, which defined permanent residents of J&K, has also been abolished. This brings J&K under the full application of the Indian constitution and allows non-residents to buy property and apply for jobs there. While this aims to integrate J&K into India, it may face security threats from Pakistan and protests in Kashmir.
Revocation of Special Status of Jammu & Kashmir
Background
Provisions of Article 370
Deadlock in removing Article 370 for Parliament
Timeline of Events
Article 370 of the Indian constitution grants special autonomous status to Jammu & Kashmir. It allows Jammu & Kashmir to have its own constitution and restricts the application of all other provisions of the Indian constitution to the state. When India gained independence in 1947, the ruler of Jammu & Kashmir signed an instrument of accession joining India based on commitments around internal autonomy. As a result, only three subjects—defense, external affairs, and communications—come under the Union of India's control.
The India Independence Act of 1947 established the independence of India and Pakistan from British rule. It created the two new independent dominions of India and Pakistan, with India comprising most of British India except for certain provinces divided into Pakistan. The Act established that both dominions would be fully independent and have their own legislatures and governor-generals appointed by the King. It outlined that British rule over India would officially end on August 15, 1947 and transferred governing responsibilities to the new Indian and Pakistani governments.
Article 370 of the Indian Constitution grants special autonomous status to Jammu and Kashmir. It allows Jammu and Kashmir to have its own constitution and decision-making powers over all matters except defense, communications, and foreign affairs. The article was incorporated into the constitution as a temporary provision based on commitments made to the then ruler of Jammu and Kashmir during accession to India. Some argue Article 370 should be removed as it creates psychological barriers and encourages secessionist activities in Jammu and Kashmir, while others see it as important for protecting Jammu and Kashmir's autonomy.
Presentation on the causes of conflicts that leads to the current scenarios in Kashmir and also talking briefly about the other side of Kashmir which is very beautiful
Post Article 370 scenario:
A worsened security situation in Jammu and Kashmir abetted by Pakistan, exacerbated by the absence of legitimate political channels, a weak economic infrastructure, and an inadequate administrative capacity.
Further, this situation is unlikely to change for the better over the next two years.
To manage this worsened security situation while rebooting economic and political mechanisms, India’s policy approach should be:
1. Security: reduce visibility while increasing security over the near term
2. Economy: build public infrastructure to support private investment
3. Administration and governance: decentralise and devolve
4. Politics: return to political normalcy as the security situation improves
5. Employment and entrepreneurship: remove obstacles to livelihood and entrepreneurship, invest in relationships, build social networks
For each policy approach, the document lists initiatives that the Union government can take up.
This is the detailed analysis of the situation of Article 35-A and 370 which deals with the accession of J&K State to India. Which is the most famous topic in the yesteryears politics as well as today's politics.
The document discusses the three types of emergencies that can be declared in India according to the Constitution: National Emergency, State Emergency, and Financial Emergency. It provides details on the three occasions that National Emergency was proclaimed, for external aggression from China and Pakistan, and for internal disturbance. The emergency declared in 1975 imposed censorship and detained political opponents. While it had some economic benefits, it severely restricted civil liberties. The Constitution was amended post-1977 to put more restrictions on declaring emergency and increase parliamentary oversight.
Article 35A and 370 of Constitution of India Biswajit Das
1) Article 370 and 35A gave Jammu and Kashmir special status and autonomy in the Indian constitution. Article 370 defined the applicability of the Indian constitution to Jammu and Kashmir until the state drafted its own constitution. It limited the central government's power to three subjects.
2) Article 35A was added through a 1954 presidential order and gave the Jammu and Kashmir legislature the power to define permanent residents and their special rights and privileges.
3) The document discusses the historical context for these provisions, including the accession of Jammu and Kashmir to India and the Delhi Agreement that outlined the relationship between the state and the Indian union.
The Government of India Act 1935 established an All India Federation with a bicameral legislature. The provinces automatically joined the Federation while princely states had the option. The Federal Legislature consisted of a Federal Assembly and Council of State. Representatives were nominated from Indian states and elected from provinces. Federal powers were restricted and divided into Federal, Provincial, and Concurrent lists. Diarchy was introduced at the center with some subjects reserved for the Governor General. The Act established a Federal Court and reduced the role and authority of the Secretary of State for India.
The Indian Independence Act of 1947 legally partitioned British India into two new independent dominions - India and Pakistan. It transferred power to the new governments on August 15, 1947, ending over 300 years of British rule in India. The Act was passed in July 1947 after the acceptance of the June 3rd Mountbatten Plan, which divided British India along religious lines into Hindu-majority India and Muslim-majority Pakistan.
The document discusses the Morley-Minto reforms of 1909 and their impact on India. It provides background on the reforms, which increased representation in the legislative councils but introduced separate electorates for Muslims. This helped the Muslim League but divided the nationalist movement. The reforms were rejected by Congress as inadequate and for strengthening communal divisions. Key defects included nominal representation and British control remaining intact. The Muslim League welcomed the reforms as it fulfilled their demand for separate electorates.
The document discusses changes made to India's constitution regarding the declaration of national emergencies. It notes that in 1975 the president could declare emergency on the advice of the prime minister alone, but this was amended in 1977 to require advice from the full council of ministers. The approval process in parliament was also strengthened, requiring a special majority rather than simple majority. Additionally, the 1977 amendments ensured certain fundamental rights could not be curtailed during internal emergencies and gave parliament a role in revoking emergencies passed by simple majority.
The document discusses different types of emergencies that can be declared in India according to the constitution: national emergency, state emergency, and financial emergency. It outlines the grounds and procedures for declaring each type of emergency, as well as their effects, particularly on fundamental rights. It also discusses controversies around judicial review of state emergencies, and notes that while a financial emergency has never been imposed, national and state emergencies have been declared in the past.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
This document summarizes India's Citizenship Act of 1955 and the history of Indian citizenship. It outlines the key ways Indian citizenship can be acquired: by birth within India to Indian parents; by descent from an Indian parent; through registration if ordinarily resident in India for a number of years; and through naturalization if a foreigner resides in India for 12 years. It also describes the Overseas Citizenship of India and Person of Indian Origin Card programs, as well as exceptions allowing dual citizenship in some cases like children of foreign diplomats born in India.
The Government of India Act of 1935 marked a milestone towards self-government in India. It provided for the establishment of an All-India Federation consisting of provinces and princely states. Power was divided between the Centre and provinces through three lists. However, the federation did not come into being as princely states did not join. The Act introduced dyarchy at the Centre and bicameral legislatures in six provinces. It extended communal representation and established institutions like the Reserve Bank of India and the Federal Court. The Act introduced responsible provincial governments in 1937 before being discontinued in 1939.
Understanding Citizenship (Amendment) Act 2019, Assam Accord and National Reg...DVSResearchFoundatio
OBJECTIVE
The objective of the webinar shall be to provide a sense of all the commotion around the Citizenship Amendment Act, 2019, its relationship to the Assam Accord and the National Register of Citizens(NRC). In the first part, the webinar traces the evolution of the Citizenship laws in India while providing special focus on the changes envisaged by the Citizenship Amendment Act, 2019. In the second part, it discusses the Assam Accord and its implementation with respect to the NRC. The webinar concludes with the proposed nationwide NRC and its link with National Population Register.
The National Emergency of 1975 imposed by then Prime Minister Indira Gandhi is one of the most controversial periods in India's history. Gandhi declared a state of emergency on June 25, 1975 citing growing political unrest and protests against her government. During the 21 month emergency period, fundamental rights of citizens were suspended and thousands of opposition politicians were imprisoned. The emergency was lifted in 1977 after the Janata Party defeated Gandhi in national elections.
This document provides an overview of anti-defection laws in India. It defines defection as a member abandoning loyalty to their political party. Large scale defections after the 1967 elections affected legislative functioning and led to the 52nd amendment adding the 10th schedule on anti-defection. This lays out grounds for disqualification of defecting members of political parties or independents. It discusses related court cases and loopholes regarding splits, mergers and the status of expelled members.
1. Article 370 of the Indian constitution granted special autonomous status to the state of Jammu and Kashmir, which has been leveraged by Kashmiri Muslims to discriminate against Hindus and drive them out of the region.
2. Under the cover of Article 370's autonomy provisions, Kashmiri Muslims have taken control of the state administration, media, and economy while using laws like the State Subject Rule to deprive Hindus of citizenship and property rights.
3. This has resulted in the ethnic cleansing of nearly 400,000 Kashmiri Hindus from the Kashmir Valley since the 1990s and the Talibanization of the region under Islamic fundamentalism.
4. The document argues that Article 370 must be abrog
Arvind Lavkare has researched with intensity and presented actual facts about Article 370 with reference to Kashmir. He brings out the myths and lies on this topic. This is required reading for all Indians who believe in our Nation and it's Constitution.
Revocation of Special Status of Jammu & Kashmir
Background
Provisions of Article 370
Deadlock in removing Article 370 for Parliament
Timeline of Events
Article 370 of the Indian constitution grants special autonomous status to Jammu & Kashmir. It allows Jammu & Kashmir to have its own constitution and restricts the application of all other provisions of the Indian constitution to the state. When India gained independence in 1947, the ruler of Jammu & Kashmir signed an instrument of accession joining India based on commitments around internal autonomy. As a result, only three subjects—defense, external affairs, and communications—come under the Union of India's control.
The India Independence Act of 1947 established the independence of India and Pakistan from British rule. It created the two new independent dominions of India and Pakistan, with India comprising most of British India except for certain provinces divided into Pakistan. The Act established that both dominions would be fully independent and have their own legislatures and governor-generals appointed by the King. It outlined that British rule over India would officially end on August 15, 1947 and transferred governing responsibilities to the new Indian and Pakistani governments.
Article 370 of the Indian Constitution grants special autonomous status to Jammu and Kashmir. It allows Jammu and Kashmir to have its own constitution and decision-making powers over all matters except defense, communications, and foreign affairs. The article was incorporated into the constitution as a temporary provision based on commitments made to the then ruler of Jammu and Kashmir during accession to India. Some argue Article 370 should be removed as it creates psychological barriers and encourages secessionist activities in Jammu and Kashmir, while others see it as important for protecting Jammu and Kashmir's autonomy.
Presentation on the causes of conflicts that leads to the current scenarios in Kashmir and also talking briefly about the other side of Kashmir which is very beautiful
Post Article 370 scenario:
A worsened security situation in Jammu and Kashmir abetted by Pakistan, exacerbated by the absence of legitimate political channels, a weak economic infrastructure, and an inadequate administrative capacity.
Further, this situation is unlikely to change for the better over the next two years.
To manage this worsened security situation while rebooting economic and political mechanisms, India’s policy approach should be:
1. Security: reduce visibility while increasing security over the near term
2. Economy: build public infrastructure to support private investment
3. Administration and governance: decentralise and devolve
4. Politics: return to political normalcy as the security situation improves
5. Employment and entrepreneurship: remove obstacles to livelihood and entrepreneurship, invest in relationships, build social networks
For each policy approach, the document lists initiatives that the Union government can take up.
This is the detailed analysis of the situation of Article 35-A and 370 which deals with the accession of J&K State to India. Which is the most famous topic in the yesteryears politics as well as today's politics.
The document discusses the three types of emergencies that can be declared in India according to the Constitution: National Emergency, State Emergency, and Financial Emergency. It provides details on the three occasions that National Emergency was proclaimed, for external aggression from China and Pakistan, and for internal disturbance. The emergency declared in 1975 imposed censorship and detained political opponents. While it had some economic benefits, it severely restricted civil liberties. The Constitution was amended post-1977 to put more restrictions on declaring emergency and increase parliamentary oversight.
Article 35A and 370 of Constitution of India Biswajit Das
1) Article 370 and 35A gave Jammu and Kashmir special status and autonomy in the Indian constitution. Article 370 defined the applicability of the Indian constitution to Jammu and Kashmir until the state drafted its own constitution. It limited the central government's power to three subjects.
2) Article 35A was added through a 1954 presidential order and gave the Jammu and Kashmir legislature the power to define permanent residents and their special rights and privileges.
3) The document discusses the historical context for these provisions, including the accession of Jammu and Kashmir to India and the Delhi Agreement that outlined the relationship between the state and the Indian union.
The Government of India Act 1935 established an All India Federation with a bicameral legislature. The provinces automatically joined the Federation while princely states had the option. The Federal Legislature consisted of a Federal Assembly and Council of State. Representatives were nominated from Indian states and elected from provinces. Federal powers were restricted and divided into Federal, Provincial, and Concurrent lists. Diarchy was introduced at the center with some subjects reserved for the Governor General. The Act established a Federal Court and reduced the role and authority of the Secretary of State for India.
The Indian Independence Act of 1947 legally partitioned British India into two new independent dominions - India and Pakistan. It transferred power to the new governments on August 15, 1947, ending over 300 years of British rule in India. The Act was passed in July 1947 after the acceptance of the June 3rd Mountbatten Plan, which divided British India along religious lines into Hindu-majority India and Muslim-majority Pakistan.
The document discusses the Morley-Minto reforms of 1909 and their impact on India. It provides background on the reforms, which increased representation in the legislative councils but introduced separate electorates for Muslims. This helped the Muslim League but divided the nationalist movement. The reforms were rejected by Congress as inadequate and for strengthening communal divisions. Key defects included nominal representation and British control remaining intact. The Muslim League welcomed the reforms as it fulfilled their demand for separate electorates.
The document discusses changes made to India's constitution regarding the declaration of national emergencies. It notes that in 1975 the president could declare emergency on the advice of the prime minister alone, but this was amended in 1977 to require advice from the full council of ministers. The approval process in parliament was also strengthened, requiring a special majority rather than simple majority. Additionally, the 1977 amendments ensured certain fundamental rights could not be curtailed during internal emergencies and gave parliament a role in revoking emergencies passed by simple majority.
The document discusses different types of emergencies that can be declared in India according to the constitution: national emergency, state emergency, and financial emergency. It outlines the grounds and procedures for declaring each type of emergency, as well as their effects, particularly on fundamental rights. It also discusses controversies around judicial review of state emergencies, and notes that while a financial emergency has never been imposed, national and state emergencies have been declared in the past.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
This document summarizes India's Citizenship Act of 1955 and the history of Indian citizenship. It outlines the key ways Indian citizenship can be acquired: by birth within India to Indian parents; by descent from an Indian parent; through registration if ordinarily resident in India for a number of years; and through naturalization if a foreigner resides in India for 12 years. It also describes the Overseas Citizenship of India and Person of Indian Origin Card programs, as well as exceptions allowing dual citizenship in some cases like children of foreign diplomats born in India.
The Government of India Act of 1935 marked a milestone towards self-government in India. It provided for the establishment of an All-India Federation consisting of provinces and princely states. Power was divided between the Centre and provinces through three lists. However, the federation did not come into being as princely states did not join. The Act introduced dyarchy at the Centre and bicameral legislatures in six provinces. It extended communal representation and established institutions like the Reserve Bank of India and the Federal Court. The Act introduced responsible provincial governments in 1937 before being discontinued in 1939.
Understanding Citizenship (Amendment) Act 2019, Assam Accord and National Reg...DVSResearchFoundatio
OBJECTIVE
The objective of the webinar shall be to provide a sense of all the commotion around the Citizenship Amendment Act, 2019, its relationship to the Assam Accord and the National Register of Citizens(NRC). In the first part, the webinar traces the evolution of the Citizenship laws in India while providing special focus on the changes envisaged by the Citizenship Amendment Act, 2019. In the second part, it discusses the Assam Accord and its implementation with respect to the NRC. The webinar concludes with the proposed nationwide NRC and its link with National Population Register.
The National Emergency of 1975 imposed by then Prime Minister Indira Gandhi is one of the most controversial periods in India's history. Gandhi declared a state of emergency on June 25, 1975 citing growing political unrest and protests against her government. During the 21 month emergency period, fundamental rights of citizens were suspended and thousands of opposition politicians were imprisoned. The emergency was lifted in 1977 after the Janata Party defeated Gandhi in national elections.
This document provides an overview of anti-defection laws in India. It defines defection as a member abandoning loyalty to their political party. Large scale defections after the 1967 elections affected legislative functioning and led to the 52nd amendment adding the 10th schedule on anti-defection. This lays out grounds for disqualification of defecting members of political parties or independents. It discusses related court cases and loopholes regarding splits, mergers and the status of expelled members.
1. Article 370 of the Indian constitution granted special autonomous status to the state of Jammu and Kashmir, which has been leveraged by Kashmiri Muslims to discriminate against Hindus and drive them out of the region.
2. Under the cover of Article 370's autonomy provisions, Kashmiri Muslims have taken control of the state administration, media, and economy while using laws like the State Subject Rule to deprive Hindus of citizenship and property rights.
3. This has resulted in the ethnic cleansing of nearly 400,000 Kashmiri Hindus from the Kashmir Valley since the 1990s and the Talibanization of the region under Islamic fundamentalism.
4. The document argues that Article 370 must be abrog
Arvind Lavkare has researched with intensity and presented actual facts about Article 370 with reference to Kashmir. He brings out the myths and lies on this topic. This is required reading for all Indians who believe in our Nation and it's Constitution.
Art 370 & Plight of Kashmiri Hindus @ House of Commons, Mar '11B Shantanu
Slides from a talk I gave @ House of Commons to a small group of MPs, Councillors, prominent members of the Indian community and of the Kahsmiri Hindu diaspora in London. 30th March '11
The document provides information on the geography, history, economy and 2014 floods of Kashmir. It discusses how Kashmir's geography led to the formation of the valley, its climate, vegetation and irrigation. It outlines Kashmir's history under various rulers and the events leading to its accession to India. The economy has traditionally centered around agriculture, especially rice. In 2014, heavy monsoon rains triggered severe flooding and landslides across Kashmir and adjoining areas, destroying property and displacing many. Diseases spread due to contaminated water and thousands had to migrate temporarily to relief camps.
This document lists the chief ministers of all Indian states as of January 2009. It provides the name of each state and the chief minister, along with their photo. The document notes that the project of collecting these photos began in October 2008 and utilized official websites and news sources. It also lists some subsequent amendments, such as changes in leadership for the states of Jharkhand, Jammu and Kashmir, Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Maharashtra.
What the open access movement doesn't want you to knowPattie Pattie
The document discusses issues with the open-access movement that advocates often ignore or downplay. It notes that while open-access aims to provide free access to research, it shifts costs from consumers to authors through article processing fees. This can disadvantage researchers from less-funded institutions. Additionally, the document raises concerns about the exploitative practices and poor quality control of many open-access journals, including fake peer review processes and publishing dubious scientific claims to promote political agendas. The open-access model is seen as prioritizing authors over readers and eliminating value-added services from traditional publishers.
This document provides a comparative analysis of Article 368 and Article 370 of the Indian Constitution. Article 368 deals with the power of Parliament to amend the Constitution, including through different types of amendments like simple majority or special majority. Key cases like Golaknath case and Keshavanda Bharti case shaped the scope and limitations of this power. Article 370 grants special autonomous status to Jammu and Kashmir, and can only be amended through the procedure described in Article 370 itself. The document analyzes similarities and differences between the two non-obstante clauses, with the key difference being that Article 370 cannot be overridden by Article 368.
The document discusses the roles and powers of the President of India according to the Constitution. It covers the President's role as head of state and government, election process, qualifications, powers related to legislation, finance, judiciary, emergencies, and foreign affairs. The Vice-President has similar qualifications to the President but plays a secondary role as the ex-officio chair of the Rajya Sabha.
This document discusses India's demonetization of 500 and 1000 rupee banknotes in November 2016. It provides background on demonetization, details the announcement and timeline of events. Key points include Prime Minister Modi announcing the withdrawal of the banknotes on November 8th, the process for exchanging the old notes, limits on withdrawals and cash exchanges, exceptions made for certain industries, and both pros and cons of the policy change. The demonetization aimed to curb corruption and black money, but also caused short-term hardship and economic issues as 85% of currency was removed from circulation overnight.
1. The Governor is the constitutional head of the state and acts on the aid and advice of the Council of Ministers. However, the Chief Minister is the real executive authority.
2. The Chief Minister is appointed by the Governor and is responsible for running the day to day affairs of the government along with the Council of Ministers.
3. The Council of Ministers is collectively responsible to the Legislative Assembly. Key powers include initiating legislation, approving budgets, and overseeing state administration.
The document discusses communication skills and effective communication. It defines communication as the process of sending and receiving information between people. It emphasizes that effective communication involves both verbal and nonverbal messages being aligned and clear. It also stresses the importance of active listening skills like paying attention, maintaining eye contact, and suspending judgment. Good communication is described as being two-way, involving listening and feedback, and being clear, accountable, and stress-free. Tips provided for improving communication skills include maintaining eye contact, being positive and clear, practicing good listening, and using well-timed pauses.
This document discusses citizenship in India according to the constitution. It defines citizenship as full political membership in a state, with rights, duties, and obligations. Articles 5-11 of the constitution outline how citizenship is acquired through birth in India, ancestry, or residency. The Citizenship Act of 1955 further regulates acquisition by birth, descent, registration, naturalization, incorporation of new territories, and termination of citizenship. Amendments in 1986 addressed unlawful immigration, while later amendments introduced overseas citizenship and a national citizen register. The document also describes the online learning platform IASpired, which offers digital courses on citizenship and other topics for competitive exams.
The document summarizes key information about the Indian Army, including that it is the largest branch of the Indian armed forces, with over 1.1 million active personnel and 2.1 million reserve personnel. It falls under the command of the Ministry of Defense and the President of India. The army is organized into six commands and various divisions, corps, brigades, battalions, companies and platoons. It also lists some of the major regiments, ranks of officers, schools, weapons systems, and awards of the Indian Army.
This document provides an overview of the geography, history and current status of Jammu and Kashmir. It discusses how the princely state of Jammu and Kashmir acceded to India in 1947 following an invasion by tribesmen from Pakistan. It notes that parts of the former state are currently occupied by Pakistan and China. The document outlines issues like terrorism, the status of refugees and displaced people. It discusses the 1994 parliamentary resolution reaffirming Jammu and Kashmir as an integral part of India. It proposes strategic importance of the Pakistan-occupied parts of Kashmir and outlines a way forward for the government of India.
The document discusses various fundamental rights guaranteed under the Constitution of India. It summarizes:
(1) The right to equality, which guarantees equality before the law, prohibits discrimination, and abolishes untouchability and titles.
(2) The right to freedom, which protects freedom of speech, assembly, movement, residence, and occupation.
(3) The right against exploitation, which prohibits forced labor, child labor, and trafficking of humans.
(4) Other rights like freedom of religion, education, and the right to constitutional remedies for enforcement of fundamental rights.
Army Day is celebrated on 15 January to recognize Lieutenant General K. M. Cariappa. It marks a day to salute soldiers who sacrificed their lives protecting India and its people. The Indian Army, Air Force, Navy, and Coast Guard work tirelessly to defend the nation's borders and interests.
Fundamental rights of indian constitutionNaveen Sihag
The document discusses the six fundamental rights provided to Indian citizens under the constitution:
1) Right to equality - which guarantees equality before the law and prohibits discrimination.
2) Right to freedom - including freedom of speech, assembly, profession.
3) Right against exploitation - abolishing practices like forced labor and child labor.
4) Right to freedom of religion - guaranteeing freedom to practice any religion.
5) Cultural and educational rights - including rights to conserve language and culture.
6) Right to constitutional remedies - empowering citizens to approach courts if fundamental rights are denied.
Art is a creative expression that stimulates the senses or imagination according to Felicity Hampel. Picasso believed that every child is an artist but growing up can stop that creativity. Aristotle defined art as anything requiring a maker and not being able to create itself.
The document discusses Article 370 of the Indian Constitution which grants special autonomous status to the state of Jammu and Kashmir. It provides 3 key points:
1) Article 370 allows Jammu and Kashmir to have its own constitution and limits the legislative power of the Indian Parliament in the state. It grants Jammu and Kashmir autonomy over all matters except defense, foreign affairs and communications.
2) The article also led to the enactment of Article 35A which empowers the Jammu and Kashmir legislature to define "permanent residents" of the state and provide them special rights and privileges related to employment, property ownership and scholarships.
3) While Article 370 grants special status, the Supreme Court has
The document discusses Articles 370 and 35A of the Indian constitution which grant special autonomous status to the state of Jammu and Kashmir. Article 370 allows Jammu and Kashmir to have its own constitution and decision-making powers over all matters except defense, communications and foreign affairs. It also bars outsiders from buying property in the state. Article 35A grants special rights and privileges to permanent residents of Jammu and Kashmir, including exclusive rights to government jobs and property. However, these articles have been controversial as they discriminate against women who marry non-permanent residents and refugees who settled in Jammu and Kashmir. The document also briefly discusses other special provisions for various other states under Article 371 of the Indian constitution.
The document discusses India's revocation of Article 370 and Article 35A in Jammu and Kashmir in August 2019. Article 370 granted special autonomous status to Jammu and Kashmir, while Article 35A allowed it to define permanent residents and their special rights. The Indian government bifurcated Jammu and Kashmir into two union territories, imposed restrictions, and detained political leaders. Despite these actions, India received minimal criticism internationally. The document outlines possible reasons for the muted response, including China and Pakistan's objections being dismissed and international focus on the humanitarian situation over constitutional changes.
This document outlines a legal challenge to recent presidential orders and legislation regarding the status of Jammu and Kashmir. It argues that the orders and legislation unconstitutionally undermine India's federal structure and the unique autonomous status of Jammu and Kashmir as laid out in Article 370 of the Indian Constitution. Specifically, it claims the orders and legislation were passed without the consent of the people of Jammu and Kashmir and in a manner that violates principles of constitutional morality and democratic governance.
The document outlines some key provisions in Part I of the Constitution of India regarding the territory of India and establishment of new states. It specifies that India shall be a union of states, lists the current states and territories in the First Schedule, and allows Parliament to admit new states or alter existing states by law. It also provides that any such law shall include amendments to relevant Schedules and may contain supplemental provisions regarding representation in Parliament.
Constitution of india a living documentVaasuGupta5
1) The document outlines the key provisions of the Constitution of India. It establishes India as a sovereign, socialist, secular, democratic republic to secure justice, liberty, equality and fraternity for all citizens.
2) It details citizenship rights at the commencement of the Constitution for those born in India or with Indian-born parents/grandparents, and specifies rights for those who migrated from Pakistan.
3) It establishes fundamental rights of equality before law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability and titles. The State cannot abridge these rights.
The document discusses the Indian Independence Act of 1947 and the birth of the Indian constitution. It provides context around the history of British rule in India and the process of independence. The Act established two new independent dominions - India and Pakistan - and ended British paramountcy. It also discussed the constitutional positions of princely states and the formation of the constituent assembly to draft the Indian constitution.
Constitution of India: Union and its Territories, Citizenship and Official La...DVSResearchFoundatio
OBJECTIVE
The objective of this webinar is to provide insight into the Constitutional Provisions relating to Union and its territories, Citizenship and Official Language. This webinar is the second from the Webinar series on Constitution. The scope of this webinar is confined to discussing the nature of the Indian State, creation and formation of States, etc. This webinar further throws light on the Constitutional provisions with respect to Citizenship along with a brief overview of the Citizenship Act, 1955. The last part of the Webinar deals with Official Language of the Union and the State read conjointly with the Eighth Schedule of the Constitution.
Post the cowardly horrifying #pulwamaattack in which 40 #CRPF #Jawans lost their lives , the demands of #scrappingoff #Article370 of the #ConstitutionofIndia have intensified. The Hon'ble #SupremeCourt have accepted urgent hearing of a PIL which has been filed against the draconian article filed by #AshwiniUpadhyay contesting the unconstitutionality of Constitution of #Jammu and #Kashmir . Amidst all this there are several questions that need to be answered. This Article explains them all #PakattacksBrave #J&K #Apexcourt #PILagainst370 # Kashmirconflict
1. The Constitution of India establishes the territory and governance structure of India as a union of states.
2. Parliament has the power to admit new states to the union or establish new states, alter the boundaries or names of existing states, or adjust the areas of states.
3. The Constitution defines Indian citizenship at the time of commencement, and the rights of citizenship of persons who have migrated from Pakistan or reside outside of India. Parliament has the power to regulate citizenship law.
The document summarizes the history and implications of Article 370 of the Indian constitution, which granted special autonomous status to Jammu and Kashmir. Key points:
1) Article 370 allowed Jammu and Kashmir to have its own constitution and laws, limiting the central government's power over the state.
2) In August 2019, the government revoked Article 370 through a presidential order and bifurcated Jammu and Kashmir into two union territories.
3) This subjected Jammu and Kashmir fully to Indian laws and removed its special status, but was controversial due to fears over security and democracy. The region faced an internet blackout and arrests of political leaders.
Will GST apply in whole of India - September 2016Amitabh Khemka
Does the Parliament of India have powers to make law on GST for Union territories WITHOUT Legislature? Model GST Law also does not provide any clarity on applicability of GST in such Union territories.
The document summarizes some key features of the Indian Constitution. It notes that the Constitution has been amended 104 times as of 2020. It incorporates influences from other constitutions like fundamental rights from the US, parliamentary system from the UK, and emergency provisions from Germany. The Indian Constitution is also considered flexible as it can be amended by a majority vote in both houses of Parliament. It uniquely adopted universal adult suffrage from the beginning. It also superimposes an elected President on the parliamentary system of government.
Ch 4 Basic Features of the Indian ConstitutionTeena9
This document provides an overview of the basic features of the Constitution of India. It begins by defining what a constitution is and explaining why constitutions are needed. It then discusses the history of India's constitution, including the Government of India Act of 1935 and the Indian Independence Act of 1947. The key events in the framing of India's constitution between 1946 and 1950 are summarized. Finally, the document outlines some of the salient features of the Indian constitution, including that it is the longest in the world, its preamble, fundamental rights, and definition as a sovereign, socialist, secular, democratic republic.
This document summarizes key cases related to the Indian Constitution. It provides a brief overview of 17 cases, including the articles of the constitution involved, the main issues addressed, and the key decisions. Some of the notable cases discussed include Keshavananda Bharti v. State of Kerala which established the basic structure doctrine, S.R. Bommai v. UOI regarding presidential rule under Article 356, and S.P. Gupta v. Union of India which laid the foundation for public interest litigation in India. The document serves as a useful reference for understanding important Supreme Court rulings that have shaped Indian constitutional law.
This document summarizes key cases related to the Indian Constitution. It provides a brief overview of 17 cases, including the articles of the constitution involved, the main issues addressed, and the key decisions. Some of the notable cases discussed include Keshavananda Bharti v. State of Kerala which established the basic structure doctrine, S.R. Bommai v. UOI regarding presidential rule under Article 356, and S.P. Gupta v. Union of India which laid the foundation for public interest litigation in India. The document serves as a useful reference for understanding important precedents related to interpreting different aspects of the Indian constitution.
This document is a letter from the Government of Pakistan to the President of the UN Security Council requesting an immediate meeting to discuss the situation in Jammu and Kashmir. It summarizes recent actions by the Government of India that violate UN resolutions protecting the special autonomous status of Jammu and Kashmir, including changing titles of government positions, appointing more Hindu ministers, and purging Muslim officers. The letter argues these actions are part of India's plan to annex Jammu and Kashmir against the will of the people and in violation of their right to self-determination as affirmed in UN resolutions.
This document is a letter from the Government of Pakistan to the President of the UN Security Council requesting an immediate meeting to discuss the situation in Jammu and Kashmir. It summarizes recent actions by the Indian government that violate UN resolutions protecting Kashmir's autonomous status, including changing titles of government leaders and purging Muslim officials. It describes massive protests by Kashmiri Muslims against these actions and the theft of a sacred Muslim relic, seeing them as expressing frustration against the Indian annexation of their homeland in defiance of their right to self-determination.
04062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
2. “Constitution is for the real union of
Indian people, built on the basic
concept of sovereignty of the people,
to ensure them of justice. That is the
real spirit of constitution.”
3. THE STATE OF JAMMU AND
KASHMIR
Part of territory of India as defined in Art.1
15th state, included in the First schedule of
the Constitution, as it stands amended.
Peculiar position under the Constitution
of India
Enjoys special status under Article 370 of
the Constitution.
4. ARTICLE 370 OF THE INDIAN
CONSTITUTION
A temporary provision
Grants special status to Jammu and
Kashmir.
Under Part 21 of the Constitution of India,
which deals with “Temporary, Transitional
and Special provisions”, the State of
Jammu and Kashmir has been accorded
special status under Article 370.
6. THE PRINCELY STATE OF J&K
Under British regime, J&K was ruled by Maharaja of
Kashmir from 1820.
Kashmir and Jammu was, from 1846 until 1947,
a princely state in the British Empire in India, and
was ruled by a Maharaja.
The state was created in 1846 when, after its victory
in the First Anglo-Sikh War, the East India
company annexed the Kashmir Valley and in order to
make good on the financial loss incurred during the
Anglo-Sikh war, the Muslim Majority Kashmir was
sold to the Dogra ruler of Jammu under the Treaty of
Amritsar.
7. DURING FREEDOM OF INDIA &
PAKISTAN
When India and Pakistan got freedom on
15th and 14th August, 1947, Maharaja Hari
Singh (then the ruler of J&K), chose to be
neutral, joining neither of the countries.
He wanted both India and Pakistan to
recognise his princely state as an
independent neutral country like
Switzerland
8. IN 1947
Indo-Pakistan war of 1947 on Kashmir.
On October 22, 1947, J&K was attacked by
Azad Kashmir Forces with the support of
Pakistan.
Maharaja sought the help of India.
India helped J&K after Maharaja Hari Singh
signed the Instrument of Accession giving up
Kashmir to India which was accepted by Lord
Mountbatten, the Viceroy of Burma on
October 26..
9. THE INSTRUMENT OF ACCESSION
The Instrument of Accession is a legal
document executed by Maharajah Hari
Singh, ruler of the princely state of Jammu
and Kashmir, on 26 October 1947.
By executing this document under the
provisions of the Indian Independence Act
1947, Maharajah Hari Singh agreed to
accede to the Dominion of India .
10. THE INSTRUMENT OF ACCESSION
Lord Mountbatten’s remark and the offer
made by the Government of India to
conduct a plebiscite or referendum to
determine the future status of Kashmir led
to a dispute between India and Pakistan
regarding the legality of the accession of
Jammu and Kashmir to India.
11.
12. POST - 1947
By Accession, the Dominion of India
acquired jurisdiction over the state
with respect to certain subjects.
Indian military aid to Kashmir
1948: India takes the Kashmir
problem to the United Nations (UN)
Security Council on 1 January.
13. POST - 1947
1949: On 1 January, a
ceasefire between Indian
and Pakistan forces leaves
India in control of most of
the valley, including
Jammu and Ladakh.
Pakistan gains control of
part of Kashmir including
what Pakistan calls "Azad"
Kashmir and Northern
territories.
15. A Special deal - Article 370
In 1949
On 17 October, 1949,
The Indian Constituent Assembly
adopted
Article 370 – A TEMPORARY
PROVISION of the Constitution.
16. ARTICLE 370
Only three subjects
were submitted by the
state to the Dominion
of India under the
Article.
They are
1. Defence
2. External Affairs
3.Communications
17.
18. ARTICLE 370
The original draft explained "the Government
of the State means the person for the time
being recognised by the President as the
Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time
being in office under the Maharaja's
Proclamation dated the fifth day of March,
1948."
19. ARTICLE 370
1) Notwithstanding anything in this Constitution,
(a) the provisions of article 238 shall not apply in relation to the State
of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be
limited to—
(i) those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the
President to correspond to matters specified in the Instrument
of Accession governing the accession of the State to the Dominion
of India as the matters with respect to which the Dominion
Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the
Government of the State, the President may by order specify.
20. ARTICLE 370
c) the provisions of article 1 and of this article shall apply in relation
to that State;
(d) such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as
the President may by order specify:
Provided that no such order which relates to the matters specified in the
Instrument of Accession of the State referred to in paragraph (i) of
sub-clause (b) shall be issued except in consultation with the
Government of the State.
Provided further that no such order which relates to matters other than
those referred to in the last preceding proviso shall be issued except
with the concurrence of that Government.
21. Article 370
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso
to sub-clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State is
convened, it shall be placed before such Assembly for such decision
as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article,
the President may, by public notification, declare that this article
shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the President
issues such a notification.
22. THE SUBSEQUENT ORDERS
Delhi Agreement in 1950 regarding Union’s
jurisdiction over the state and the decision on the
constituent assembly of J&K.
The Constitution(Application to Jammu &
Kashmir), Order, 1954, came to force on 14 May,
1954
Separate constitution for J&K came to force on
January 26, 1957.
Article 1 of the Constitution of Jammu and Kashmir
states that the State of Jammu and Kashmir is and
shall be an integral part of the Union of India.
23. IMPLICATIONS OF ARTICLE
370
Separate Constitution
J&K is the only state in India which has a
Constitution of its own. The Constitution
of J&K was enacted by a separate
Constituent Assembly set up by the State
and it came into force on 26 January 1957.
Jammu and Kashmir
State Symbol
24. IMPLICATIONS OF ARTICLE
370
Emergency Provisions
1) The Union of India has no power to declare Financial
Emergency under Article 360 in the state. The Union can
declare emergency in the state only in case of War or External
Aggression.
2) No proclamation of emergency made on the grounds of
internal disturbance or imminent danger thereof shall have
effect in relation to the state unless (a) it is made at the request
or with the concurrence of the government of the state; or (b)
where it has not been so made, it is applied subsequently by
the President to that state at the request or with the
concurrence of the government of that state.
25. IMPLICATIONS OF ARTICLE
370
Fundamental Duties, Directive Principles &
Fundamental Rights
1) Part IV (Directive Principles of the State Policy) and Part
IVA (Fundamental Duties) of the Constitution are not
applicable to J&K.
2) In addition to other fundamental rights, Articles 19(1)(f)
and 31(2) of the Constitution are still applicable to J&K; hence
the Fundamental Right to property is still guaranteed in this
state.
3)In the Indian Constitutional history only one Fundamental
Right has been added so far and that is Right to Education. this
right too is not extending to J&K.
26. IMPLICATIONS OF ARTICLE
370
High Court of J&K
The High Court of J&K has limited powers as compared
to other High Courts within India. It can’t declare any
law unconstitutional. Unlike High Courts in other
states, under Article 226 of the Constitution, it can’t
issue writs except for enforcement of Fundamental
Rights.
27. IMPLICATIONS OF ARTICLE
370
Miscellaneous
1. Certain special rights have been granted to the
permanent residents of J&K
2. The 5th Schedule pertaining to the administration and
control of Schedule Areas and Scheduled Tribes and
the 6th Schedule pertaining to administration of tribal
areas are not applicable to the state of J&K.
28. IMPLICATIONS OF ARTICLE
370
Procedure for Amendment of State
Constitution
1) The Provisions of the State Constitution (except those
relating to the relationship of the state with the Union) may be
amended by an Act of the Legislative Assembly of the state
passed by not less than two-thirds of its membership.
2) No amendment of the Constitution of India shall extend to
J&K unless so extended by an order of the President under
Article 370(1).
29. IMPLICATIONS OF ARTICLE
370
Under Article 370 the Indian Parliament
cannot increase or reduce the borders
of the state.
Jammu & Kashmir is the most
autonomous state in India. It even has
its own State Flag, allowed by Nehru in
the Delhi Agreement of 1952.
State also has its own anthem called
Qaumi Tarana.
30. IMPLICATIONS OF ARTICLE
370
There is only one system of citizenship for the
people of the country but in case of Jammu and
Kashmir, it is dual citizenship, one of the state and
the other of India.
Kashmir are citizens of India but the citizens of the
rest of India cannot be citizens of Jammu and
Kashmir. They do not have the right to property and
the right to vote in Jammu and Kashmir.
If a girl belonging to Jammu and Kashmir marries a
boy from outside the State, who is not a State
subject, she loses all her rights in the State.
31. IMPLICATIONS OF ARTICLE
370
Wealth tax cannot be imposed in the State.
The Urban Land Act, 1976, which is in
force in the entire country, is not
applicable to Jammu and Kashmir.
The Parliament has no power to legislate
Preventive Detention laws for the state;
only the state legislature has the power to
do so.
32. IMPLICATIONS OF ARTICLE
370
The Indian Supreme Court has no
jurisdiction in J&K.
Disrespecting the Indian flag and other
national symbols is not a crime in the state.
A Pakistani resident gains J&K citizenship if
he marries a J&K citizen.
33. IMPLICATIONS OF ARTICLE
370
RTE, RTI, CAG and majority of Indian
laws are not applicable in the state.
Because of Article 370, no outsider
(anyone who is not a native Kashmiri) can
purchase land in J&K.
It is the only state which does not have to
give a detailed record on the money
flowing in the state and where it is used
and how.
34. First day…First Controversy…
• Hours after BJP-led NDA government took
over the reins of the Union government in
New Delhi, junior minister in the Prime
Minister's Office, Jitendra Singh sparked a
controversy on the vexed issue of special
status (Article 370) to Jammu and Kashmir by
saying that it has done "more harm than good".
35. First Day…First Controversy
“Article 370 has done more harm than good. The
youth of Kashmir has to be convinced about this.
That's why the honourable PM has called for a
debate. Having a debate doesn't mean we have
deviated from what we promised. It just means
convincing those who are not convinced.”
-Jitendra Singh in the PMO on
May 27, 2014
36. Controversy around Article 370
Cutting across party lines, ruling
National Conference and main
opposition People's Democratic
Party (PDP) slammed Singh for
making "irresponsible remarks".
PDP president Mehbooba Mufti
urged Prime Minister Narendra
Modi and the BJP leadership to
rein in the newly appointed
minister before his utterances
caused serious damage.
Omar Abdullah, CM of J & K
responded angrily in a series of
tweet
37. Controversy around Article 370
Though BJP didn’t reply to this, RSS
Spokesperson, the right wing of BJP,
promptly replied to Omar Abdullah.
38. Views of Various political parties
across India
• BJP stands for abrogation of
Article 370 though now a days
it has softened its stand due to
the coming assembly election
in the month of November
-December 2014.
39. Views of Various political parties
across India
• Congress – Opposes any further autonomy for
the state, but supports the existing system.
• National Conference – Stood for greater
autonomy of the state. Completely against
abrogation of Article 370.
• People Democratic Party – stood for greater
autonomy. Wanted return to pre-1953 position
but today it is in the middle way since it is in
alliance with BJP.
40. Views of Various political parties
across India
• "The decisions on issues like Article 370 should not
be taken in haste," SAD leader and Punjab Chief
Minister Parkash Singh Badal said.
• JD(U) leader and Bihar Chief Minister Jitan Ram
Manjhi criticised the Modi government for raking up
the issue of scrapping of Article 370 saying it would
have an adverse impact on the country.
• Mayawati too alleged that controversy on Article 370
was generated only to create polarisation among
people on the lines of community and religion.
44. ARTICLE 370 - DILUTED
In its original form, Article 370 specified that
except for defence, foreign affairs, finance and
communications, the Indian Parliament needs
the state government’s concurrence for
applying all other laws.
But now all the provisions that gave J&K its
autonomous status have been withdrawn
45. ARTICLE 370 - DILUTED
♦ J&K, which has its own Constitution, is
debarred from making any amendments to it
♦ The J&K Constitution provided for a Sadar-i-
Riyasat (head of state), elected by the
members of the state legislature and a prime
minister. Now replaced by the governor and
chief minister
♦ J&K had a national flag, the word ‘national’
has now been deleted, reducing it to a
government flag
46. ARTICLE 370 - DILUTED
♦ Under the original Article 370, the people
of J&K were not citizens of India; now
they are, Indian citizens needed a permit
to visit J&K and goods from India had to
pass through a Customs barrier. The
restrictions no longer exist.
47.
48. Demand for Abrogation
of Article 370
Equally valid arguments are forwarded by those in
favour of and those against its abrogation.
Argument in favour of Abrogation
1. It has created certain psychological barriers.
2. It is the root cause of all the problems in J&K.
3. It is this Article 370 which encourages secessionist
activities within J&K and other parts of the country.
4. At the time of enactment, it was a temporary
arrangement which was supposed to erode gradually.
5. It acts as a constant reminder to the Muslims of J&K that
they have still to merge with the country.
49. Demand for Abrogation
of Article 370
It has been widely reported that “because of Article 370,
Jammu and Kashmir does not have industries and
progressive measures like Mandal report on backward
classes cannot be implemented”.
Before, there has been demand by BJP and RSS for
abrogation of Article 370.
Congress leader Karan Singh, son of Maharaja
Hari Singh, has also opined that an integral review of
Article 370 is overdue and needs cooperation not
confrontation.
50. No Abrogation
Those against its abrogation forward the following
arguments.
1. Abrogation will have serious consequences.
2. It will encourage secessionists to demand plebiscite which will
lead to internationalization of the issue of J&K.
3. The contention of Article giving rise to secessionist activities is
baseless as states like Assam and Punjab, which don’t have
any special status have experienced such problems.
4. It would not only constitute a violation of the solemn
undertaking given by India through the instrument of
accession, but would also give unnecessary misgivings in the
minds of the people of J&K, making the issue more sensitive.
In original Constitution, J&K were part of a ‘Part B’ state. The States Recognition Act 1956 abolished the category of Part B states and the Constitution was amended in this regard.
Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to J&K.
In order to why J&K, being a state included in the First Schedule of the Constitution of India, should yet be accorded a special treatment, a retrospect of the development of the Constitutional relationship of the state with India becomes necessary.
On the eve of Independence, we were fragmented into a number of princely states who were provided with three alternatives in the cabinet plan– join India, join Pakistan or be an Independent state. Sardar Patel and his team concluded some tough negotiations for the integration of India. In the course of annexation of states, Jammu and Kashmir had some peculiar circumstances and the state acceded to India with special terms and conditions. Hence, the state was provided with considerable autonomy in the Constitution.
In order to why J&K, being a state included in the First Schedule of the Constitution of India, should yet be accorded a special treatment, a retrospect of the development of the Constitutional relationship of the state with India becomes necessary. J&K, a majority rule was under the king of Hindu Dogra dynasty. India and Pakistan were partitioned based on religious line.
Pakistan demanded that J&K should be handed over to it.
Because of its location, Kashmir could choose to join either India or Pakistan. Maharaja Hari Singh was the ruler of Kashmir then. Unable to decide which nation Kashmir should join, Hari Singh chose to remain neutral.
On 22 October, thousands of Pathan tribesmen from Pakistan, recruited by the Poonch rebels, invade Kashmir along with the Poonch rebels, allegedly incensed by the atrocities against fellow Muslims in Poonch and Jammu. The tribesmen engage in looting and killing along the way. The tribesmen and the Poonch rebels are unofficially supported by various individuals and high ranking officials in Pakistan including Prime Minister Liaquat Ali Khan and Chief Minister of North West Frontier Province. India accuses Pakistan of violating the Standstill Agreement with Kashmir by disrupting the supply links and of engaging in aggression by sending in the tribesmen. Pakistan refutes the charges.The Maharaja of the State of Jammu and Kashmir signs the Instrument of Accession (IOA) on 26 October, acceding the 75% majority Muslim region to the Indian Union, following invasion by the tribesmen from Pakistan, according to the 1948 Indian White Paper; India accepts the accession, regarding it provisional until such time as the will of the people can be ascertained by a plebiscite, since Kashmir was recognized as a disputed territory. [A plebiscite is the direct vote of all members of an electorate on an important public question being referred to them, in this case accession of Kashmir to India or Pakistan.] It should be noted that the IOA itself does not specify any provisionality or conditionality of accession, while the White Paper specifies it clearly, thus creating a conflict between strict legal interpretation and repeated official promise made to the people of Kashmir
In a letter sent to Maharajah Hari Singh on 27 October 1947, the then Governor-General of India, Lord Mountbatten accepted the accession.
India claims that the accession is unconditional and final while Pakistan maintains that the accession is fraudulent.
Sheikh Abdullah, an influential leader formed the interim government in 1947 holding the position of PM in the state.
Pakistan claims it is supporting an indigenous rebellion in "Azad" Kashmir and Northern Territories against repression.
India terms that territory as POK (Pakistan Occupied Kashmir).
UN recommended to have a plebiscite to decide on which country should J&K should be joined to. India acquired jurisdiction with respect to Defence, External affairs, and communications. By the time India took the problem to UN, Maharaja replaced emergency administrator government with popular interim government headed by Sheikh Abdullah, popular political figure in J&K
It was in the pursuance of the commitments made by Pt. Jawaharlal Nehru to Maharaja in 1947 that Article 370 was incorporated in the Constitution.
The State enjoys a greater measure of autonomy and the power of the Union of India is restricted, as regards other States. In 1950, J&K was included as Part B state n the First Schedule of Constitution.
The act of Accession was unequivocally given legal effect by declaring J& K a part of Indian territory by Art.1. But the application of provisions of the constitution of India to J&K was placed to the eventual approval of the State Assembly. The Constitution thus provided that the only Articles of the Constitution that would apply to J&K were – Art.1 and Art. 370. The applications of other Articles were to be determined by the President in consultation with the State Assembly.
Government of state is nothing but Maharaja acting on the advice of a council of ministers. Governor’s post in J& K was like President’s post in the country. He was assisted by council of ministers
1) a)Article 238 consisted of provisions dealing with the administration of states in Part B of the First Schedule of Indian constitution (In 1950,the Constitution contained a four fold classification of the states of Indian union --Part A ,Part B ,Part C, Part D states). (Article 238 has been removed in an amendment.)
b)The legislative authority of the Parliament over the state, would be confined to the those items (namely defence, foreign affairs and communications) of union and concurrent lists as correspond to the matters specified in the Insturment of Accession.
Normally, whatever decision parliament takes or law it makes in the matter related to union and concurrent list for a state, it can implement it right away for a state. However, with regards to J&K, parliament should discuss the decision or law with the State assembly and it can be implemented only by declaration or by the order of the President.
For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office
c) Only Article 1. and Art.370 of the constitution shall apply to the state of J&K. The application of other Articles was to be determined by the president in consultation with the Government of the state.
On whole, According to this Article, except for defence, foreign affairs, and communications, the 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 can not 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.
By the constitution (Application to J&K) order, 1954, the jurisdiction of the Union extended to ALL UNION SUBJECTS under the Constitution of India. The first official act of this Constitution Assembly of J&K was to put an end to the hereditary rule of Maharaja. The there was transfer for power to the hands of an popular elected Sadar-i-riyasat.
With regard to the emergency provisions of the Constitution of India, Article 356 and 360 are not applicable to J&K. Only Article 352, pertaining to national emergency is applicable to the state, with certain restrictions. The constitution of the state cannot be suspended under any circumstances. In effect, there are no emergency measures available to the central government in case of a breakdown of ties with the state government, thereby fundamentally reducing its control over the administration of the state.
Special rights with regard to employment under the state, acquisition of immovable property in the state, settlement in the state, and scholarship and other forms of aid as the state government may provide.
Article 368 which deals with amendment does not apply to J&K. Thus, changes brought about by the amendments cannot be implemented unless the president passes an order, provided it has the states acceptance.
Quami Tarana – 6 minutes
During election campaigning, Modi had argued for "a discussion" about article 370 of the Indian constitution, which specifies that laws passed by the national parliament are not applied to Kashmir unless approved by the local legislature.
In May, soon after Modi took office, junior minister Jitendra Singh said the federal government had begun the process of abrogating the constitutional provision that gives India's only Muslim-majority state its special status.
Singh, who also holds the portfolio of Department of Personnel and Training (DoPT). The BJP in its manifesto had said they would work towards abrogation of Article 370.
PDP Opposition party in Kashmir, ally of BJP.
Omar Abdullah –National Conference supports Congress at times.
In his recent visit to Jammu and Kashmir for the inauguration of Rail lines, Modi stuck to the development and growth of nation and refrained from making any statement on the raging controversy over Article 370. He was actually welcomed with cold heart by the state separatist people and other political figures of the state except PDP.
It should be noted that, Sheikh Abdullah, founder of NC wanted iron clad autonomy in the state.
In a recent article that appeared in a Srinagar-based daily, noted economist and a former J&K government adviser Haseeb Drabu wrote, “Article 370, as it is today, is nothing more than a shadow… and a husk; the seed having been taken out long ago.”
The need of the hour is to devise a logistic interpretation of the relevant clauses to the article, keeping in mind the intention of the framers of the constitution. By creating a provision for amendment, its framers never intended to bestow the operation of Constitution with absolute rigidity but to provide for a bit of flexibility to keep pace with the ever changing needs of the society and to serve the ends of justice.