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what was article 370?

Posted By educratsweb.comStudy Material 🗓 Wednesday August 7 2019 👁 691

what was article 370?

Article 370 of the Indian constitution gave special status to the region of Jammu and Kashmir, allowing it to have a separate constitution, a state flag and autonomy over the internal administration of the state.

The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether. After consultation with the state's Constituent Assembly, the 1954 Presidential Order was issued, specifying the articles of the Indian constitution that applied to the state. Since the Constituent Assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.

This article, along with Article 35A, defined that the Jammu and Kashmir state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to resident of other Indian states. As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir.

On 5 August 2019, the President of India Ram Nath Kovind issued a constitutional order revoking the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. Following resolutions passed in both the Houses of Parliament, he issued a further order on 6 August declaring all the clauses of Article 370 to be inoperative.

In addition, the Jammu and Kashmir Reorganisation Bill was passed in both the Houses of Parliament, which proposes to divide the state of Jammu and Kashmir into two union territories to be called Jammu and Kashmir and Ladakh.

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