Essay on Article 370

Article 370 of the Indian Constitution gave special status to Jammu and Kashmir conferring it with the power 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 residents 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 Government of India issued a constitutional order superseding the 1954 order, and making all the provisions of the Indian Constitution applicable to Jammu and Kashmir based on the resolution passed in both houses of India’s Parliament with two-third majority. As a result all clauses of Article 370 except clause 1 were made inoperative. In addition, the Jammu and Kashmir Reorganization Act was passed by the parliament, enacting the division the state of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The reorganization took place on 31 October 2019.

Is Article 370 Deleted?

The Constitution (Application to Jammu and Kashmir) Order, 2019, issued by President Ram Nath Kovind in exercise of the powers conferred by Clause (1) of Article 370 of the Constitution, has not abrogated Article 370. While this provision remains in the statute book, it has been used to withdraw the special status of Jammu and Kashmir.

The Presidential Order has extended all provisions of the Indian Constitution to Jammu and Kashmir. It has also ordered that references to the Sadar-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of the state, and references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers.

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 367 is meant to act as a guide, it helps the interpretation of certain laws. It is to this article that the Presidential Order adds a new clause to help interpret provisions applicable to the state of Jammu and Kashmir. This clause alters the interpretation of Article 370, switching out the words “constituent assembly” with “legislative assembly” in the proviso to clause 3 of Article 370.

Clause 3 of Article 370 made it clear that if the President wishes to change anything within Article 370, he needs the recommendation of Jammu and Kashmir’s Constituent assembly. But the J&K Constituent assembly was dissolved in 1957, so it could not possibly give a recommendation. The Constitution (Application to Jammu and Kashmir) Order, 2019 changes that language to make it the legislative assembly, rather than the constituent assembly.

Still, the clause mandates that the President get the approval of the legislative assembly. But Jammu and Kashmir did not have a governor in August 2019, since it’s legislative assembly was dissolved in 2018 and replaced with first Governor’s rule and later, President’s rule. So how did the government get around that?

When a state is under President’s rule, the power to make laws for the state is vested in the Indian Parliament. Jammu and Kashmir is currently under President’s rule. So effectively, the government’s move allows Parliament to act on behalf of the Jammu and Kashmir assembly to change the character of the state.

Is the Division Unconstitutional?

The petition filed in the Supreme Court on August 22, 2019 by six citizens challenging the constitutional validity of the president’s amendments to Article 370 and the J&K Reorganization Bill has claimed that these orders were unconstitutional, violative of the basic structure of the Constitution and violative of fundamental rights. The petition has listed several reasons why the petitioners believe the reading down of Article 370 and the reorganization of the state were bad in law.

It states that Article 370(3) prescribes the conditions under which Article 370 would cease to operate. It says that Article 370 can cease to operate only on the recommendation of the Constituent Assembly of the state and thereafter a public declaration by the president. However, the petition charged, there has been no such recommendation by the Constituent Assembly before such a declaration was made by the President of India.

Referring to the Presidential Order 2019 relating to Jammu and Kashmir, through which an amendment has been made to Article 367 of the Constitution of India by which the reference to the expression “Constituent Assembly of the State” has been read as “Legislative Assembly of the State”, the petition stated that this amendment is a colorable exercise of power. It has claimed that the amendment seeks to achieve indirectly what cannot be achieved directly. It seeks to force an interpretation of Article 370(3) which would not be possible on a plain reading of the terms of the Article 370(3) of the Constitution of India. At present, there is no Constituent Assembly which is in existence and hence a fundamental condition for the effectuation/invocation of Article 370(3) is absent.

The petition also points out that the Legislative Assembly of Jammu and Kashmir does not have the power to alter the State’s relationship with India on account of Article 147 of the Constitution of Jammu & Kashmir (amendment of Constitution of J&K). It has also stated that this act would undermine the very basis on which the (erstwhile) state of Jammu & Kashmir was integrated into India. Both the Instrument of Accession as also Article 370 envisage a special autonomous status of the State of Jammu & Kashmir which could only be changed upon a recommendation of the Constituent Assembly.

The present action, the petition noted, which has been effectuated without ascertaining the will of the people either through its elected Government or legislature or public means such as referenda, violates the basic principle of democracy, federalism, and fundamental rights. At present the matter is pending before the Supreme Court of India.

Salient Features of the Jammu and Kashmir Reorganization Act, 2019

• This Act divides Jammu and Kashmir into two UTs i.e. the Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.

• Jammu and Kashmir will have a legislature whereas Ladakh will be a UT without legislature.

• The Union Territory of Ladakh will have Kargil and Leh districts, and the Union Territory of Jammu & Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir 

• The Reorganization Bill, 2019 envisages total number of Legislative Assembly seats 107 in Jammu and Kashmir. Out of these 107 seats 24 seats will remain vacant because these seats are in the Pakistan occupied Kashmir (PoK) which is illegally occupied by the Pakistan. After delimitation the maximum strength of the legislative assembly of the UT of Jammu and Kashmir will be enhanced to 114.

• Some seats will be reserved for scheduled castes and scheduled tribes in proportion to their population in the union territory of Jammu and Kashmir. In addition to this, the Lieutenant Governor may nominate two women members if they are not adequately represented.

• Powers related to police and public order shall remain with the union government.

• The Union Territory of Jammu and Kashmir will have a Council of Ministers to aide and advise the Lieutenant Governor. The size of council of Minister will not be more than 10% of the total number of members in the Assembly.

• The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Jammu & Kashmir and Ladakh. In addition to this there would be an Advocate General to provide legal advice to the government of the Union Territory of J&K.

• The Legislative Council of the state of Jammu and Kashmir will be abolished. Upon dissolution, all Bills pending in the Council will lapse

Essay on A Man is the Product of his Thoughts what he Thinks he Becomes
Essay on A New Assertion of Dalit Politics in India
Essay on A Problem of India: Lacking Toilets
Essay on Achievements of UN over Past 70 Years its Relevance and Needed Reforms
Essay on Addiction
Essay on Advancement of Civilisation versus Cultural Declination
Essay on Advancement of Science versus Erosion of Human Values
Essay on Advantages and challenges with Direct Tax Code
Essay on Advantages of merging multiple labor laws into a single code
Essay on Adventure
Essay on Agri tourism in India potential and challenges
Essay on Agricultural Challenges to Overcome in India
Essay on Agriculture: Second Green Revolution
Essay on AIDS
Essay on Ambedkar Jayanti
Essay on Animals Deserve the Same Treatments as Human Beings
Essay on Anti Defection Law
Essay on Anti Leprosy Day
Essay on Are MNCs Harmful to the Economic Development of a Country
Essay on Arhar A Solution to Pollution
Essay on Army Day
Essay on Article 356 Use and Misuse
Essay on Article 370
Essay on Balochistan Carrot and Stick Policy or Simply a New Paradigm Shift in Indo Pak Relations
Essay on Being Proud to be Indians
Essay on Being You
Essay on Better Access is Important to Inclusive Cities
Essay on Boom of BPO in India
Essay on BRICS Summit Goa 2016 A Time to Recognise India
Essay on Can farm loan waivers be considered a good support system for farmers
Essay on Can India Become a Superpower by 2030
Essay on Central Excise Day
Essay on Challenging Cultural Values Affecting Food Security in India
Essay on Children Should Be Encouraged to Think Individually
Essay on Climate Change A Concern
Essay on Closely Knit Families Are Being Replaced by Nuclear Families
Essay on Commercial Surrogacy Boon or Bane
Essay on Complete Capital account convertibility threats and opportunities for India
Essay on Complications of Adolescents in Indian Context
Essay on Concept of Cloning Human Beings for Replacement of Body Parts Scary but Not Fiction
Essay on Conservation of Natural Resources
Essay on Conservation of Nature
Essay on Corporate Governance in India
Essay on covid 19
Essay on Creation of Smaller States and the Following Administrative Economic and Developmental Implications
Essay on Credit Based Higher Education System Status Opportunities and Challenges
Essay on Crime Would Reduce with Harsher Punishments or Moral Teachings Do You Agree
Essay on Crisis of European Refugee
Essay on Customs and Traditions of Indian Culture
Essay on Cyber World: An Illusion
Essay on Dandi March Day
Essay on Decentralisation for Rural Development is the Way to Overcome Challenge
Essay on Deforestation A Road to Self destruction
Essay on Dependence Not Inequality Is the Real Misfortune
Essay on Direct Benefit Transfer Scheme and Government Subsidies A Welfare Scheme for Underprivileged
Essay on Disability is Not Divinity
Essay on Discipline
Essay on Discipline is Success Anarchy is Ruin
Essay on Do you agree that To Keep Ganga Clean Puja should be Performed on the Bank of the River
Essay on Do You Agree That Violence on TV Directly Influences Childrens Behaviour
Essay on Does Indian Cinema Shape our Popular Culture or Merely Reflect it
Essay on Dos and Donts
Essay on Drought Management in India
Essay on Eastern Religions and Western Philosophy
Essay on Easy Way to Write an Essay
Essay on Economic implications of demographic dividend and demographic liability in India
Essay on Economic Slowdown in India
Essay on Effects of Uneven Distribution of Monsoon on Indian Economy
Essay on Efficient and Smart City A New World
Essay on Election Funding
Essay on Electrification of Rural India to Reduce Energy Poverty is Need of the Hour
Essay on Empowerment of Women in India
Essay on Environment and Human Health
Essay on Essay Writing
Essay on Ethics
Essay on Faith versus Reason
Essay on For the ills of Democracy social movements may be the cure not revolutions
Essay on Forest
Essay on Formal Examinations versus Regular Assessment with Projects
Essay on Future of Smart Cities in India
Essay on GDP Gross Domestic Product Along With GDH Gross Domestic Happiness Would Be The Right Indices For Judging The Wellbeing Of A Country
Essay on Genetic Engineering has more Negative Impacts than Positive
Essay on Globalisation A Blessing or a Curse for a Developing Country
Essay on Globalisation and Its Impact on Indian Culture
Essay on Good Manners
Essay on Government should not Invest in Arts and Heritage this Investment should be Made in Public Services Do you agree
Essay on Green Bond A New Financial Tool
Essay on Guidelines for Writing Appropriate Essays
Essay on Happiness
Essay on Happiness is when what you think what you say and what you do are in Harmony
Essay on Health
Essay on Health Education
Essay on Health and Fitness
Essay on Health is wealth Do we need to be rich to be healthy
Essay on Healthy Lifestyle
Essay on Hemis Gompa Festival
Essay on History Changes but Not Geography
Essay on HIV and Drug Abuse in India
Essay on Homes and Safety Norms in Indian Context
Essay on Honesty
Essay on How Can India Achieve The Target Of Becoming A $ 5 Trillion Economy By 2024
Essay on How Can India Meet Its Steep Employment Challenges To Ensure Consistent And Sustainable Economic Growth
Essay on How can Indian banks tackle the developing NPA crisis
Essay on How Can The World Ensure Consistent Growth After Covid Crisis Is Over
Essay on How the newly launched PMKISAN scheme will help the farmers in India and what are the associated challenges
Essay on How to Write an Excellent Introduction and Conclusion
Essay on Human Rights Issues in India
Essay on Human or Technical Intelligence Which has more Importance in Combating Terrorism
Essay on Hyper globalism is threat to human prosperity
Essay on Hyper Globalism is Threat to Human Prosperity
Essay on I Object to The Violence Because When it Appears to Do Good The Good is Only Temporary The Evil it Does is Permanent
Essay on IAS Approach and Analysis
Essay on If Women Governed the World
Essay on If Youth Knew if Age Could
Essay on Impact of music in ones life
Essay on Impact of Oil Prices in World Politics and Indian Economy
Essay on Impact of the New Economic Measures on Fiscal Ties between the Union and the States in India
Essay on Impacts of Demonetisation
Essay on Importance of Good Manners in Life
Essay on Importance of India in Promoting ASEAN Cooperation
Essay on Importance of Yoga
Essay on India A Land of Young Talents and Few Innovations
Essay on India Africa Relations The New Dynamics
Essay on India and China The Management of Cross culture
Essay on India Must Delink Classroom Teaching from Student Learning
Essay on Indian Judicial System
Essay on Indias Contribution to World Wisdom
Essay on Indias Problem of Slow Messy and Hidden Urbanisation
Essay on Indias Stand in the Suez Canal Crisis
Essay on Indias Struggle against Leprosy
Essay on Inequality Can Be Reduced By The Power Of The Market Rather Than The Government
Essay on International Customs Day
Essay on International Day of Education
Essay on International Day for the Elimination of Racial Discrimination
Essay on International Day of Forests
Essay on International Day of Happiness
Essay on International Day of Women and Girls in science
Essay on International Day of Zero Tolerance to Female Genital Mutilation
Essay on International Mother Language Day
Essay on International Womens Day
Essay on Interrelationship of Good Fences with Good Neighbours
Essay on Investment in Private Sector in India Future Road Ahead
Essay on Jallianwala Bagh Massacre
Essay on Judicial Activism Hope of Justice for the Underprivileged Section
Essay on Judicial Activism and Indian Democracy
Essay on Judiciary vs Executive A Conflict in Appointment of Judges
Essay on Junk Food
Essay on Justice Must Reach the Poor
Essay on Kindness
Essay on KSA and its Importance in the USA
Essay on Labour Issues in India
Essay on Love in a Glass Jar
Essay on Lure of Space Unveiling the Obscure
Essay on Machine Translation Is Slower and Less Accurate than Human Translation
Essay on Make in India A Giants Step to Promote Manufacturing
Essay on Mars Orbiter Mission
Essay on Martyrs Day
Essay on Martyrs Day
Essay on Mass Media versus Cultural Invasion
Essay on Messy Urbanisation Poses Challenge to India
Essay on Miseries of Contract Labour
Essay on Mobile Phone
Essay on Moral Values
Essay on my Duty towards my Country
Essay on My Garden
Essay on National Deworming Day
Essay on National Girl Child Day
Essay on National Register of Citizens NRC
Essay on National Safety Day
Essay on National Science Day
Essay on National Youth Day
Essay on Natural Resources
Essay on Natural Resources Depletion
Essay on Nature
Essay on Nature and Climate Change
Essay on Need of Referendum and Initiative in Our Democracy
Essay on Need Of The Hour Is To Maximise Possibilities Of Agriculture In India
Essay on Net Neutrality
Essay on NPAs The Bane of Indian Banking Sector
Essay on Obesity
Essay on Oil and Gas Conservation Week and Fortnight
Essay on Old Age Problem and Our Responsibility towards Old Age
Essay on Ordnance Factories Day
Essay on Our Traditional Handicrafts Are Doomed to a Slow Death A Comment 
Essay on Passive Smoking Harms More
Essay on Pin Code Week
Essay on PPP Model of Infrastructure Development and Its Viability
Essay on Pravasi Bhartiya Divas
Essay on Prevention of Blindness Week
Essay on Punctuality
Essay on Rain Forests Have Vital Role in the Ecosystem of the Earth
Essay on Rainy Day
Essay on Rainy Season
Essay on Regional Comprehensive Economic Partnership RCEP
Essay on Religion and its Humanist Face
Essay on Religious Neutrality An Accepted Behavioural Script
Essay on Republic Day of India
Essay on Rights and Responsibilities of Citizens
Essay on Road Safety Week
Essay on Role of BRICS In Todays World
Essay on Role of Media in Good Governance
Essay on Role of NGOs in Indias Development
Essay on Rural Tourism in India steps required and expected benefits
Essay on Rural Uplift Programme in India
Essay on Sant Ravidas Jayanti
Essay on Save Water Save Earth
Essay on Save Water Save Life
Essay on Science and Religion
Essay on Seasons in India
Essay on Section 377 of IPC and its Constitutionality
Essay on Secularism Opposes All Forms of Inter Religious Supremacy
Essay on Sedentary Lifestyle The Cause of Health Problems
Essay on Should Rich Countries Provide Loans to Poor Countries without any Interest
Essay on Significance of NAM in Todays World
Essay on Social Activism Is a Key to Survival of Indian Democracy
Essay on Spring Season
Essay on State of Mental Illness in India
Essay on Status of Democracy in India
Essay on Strategy for Writing Excellent Essays
Essay on Stress A Major Concern of the World
Essay on Subhas Chandra Bose Birthday
Essay on Suicide in Youths and Reason behind it
Essay on Summer Season
Essay on Sustainable Development during Climate Change
Essay on Sustained Economic Development Role of Ecology and Environment
Essay on Tackling Hunger Globally is Need of the Hour
Essay on Technological Education and Human Values
Essay on Terrorism and World Peace
Essay on The Building Blocks of Our Society are Paid Peanuts
Essay on The Composite Culture of India is Captivating
Essay on The Culture of the Younger Generation
Essay on The Developmental Challenges in Rural India
Essay on The Dynamics of Changing Rural Economy in 21st Century
Essay on The Focus Of Healthcare Is Increasingly Getting Skewed Towards The Haves Of Our Society
Essay on The Masks of new Imperialism
Essay on The Paths of Glory Lead but to the Grave
Essay on The significance of the New Urban Agenda for India
Essay on The Weak can Never Forgive Forgiveness is the Attribute of the Strong
Essay on The Work and Work Culture Have Changed with the Emergence of Information Technology
Essay on There is Nothing Either Good or Bad but Thinking Makes it so
Essay on Time
Essay on Time Management
Essay on Tolerance of Dissent is the Base of Democracy
Essay on Tools and Techniques
Essay on Traffic Rules
Essay on Transparency in Public Administration
Essay on Triple Talaq
Essay on True Religion Cannot be Misused
Essay on Types and Formats
Essay on United We Stand Divided We Fall
Essay on Unity is Strength
Essay on Urbanisation and its Menaces
Essay on Valentines Day
Essay on Value of Time
Essay on Values
Essay on Water
Essay on What Are The Expected Advantages And Threats Of Digital Currencies For India
Essay on What Are The Reasons Behind High Unemployment Rate In India Coupled With Reducing Labour Force Participation Rate
Essay on What Are The Reasons Behind NBFC Crisis In India And How Can It Be Resolved
Essay on What steps are required to make electric vehicles a reality
Essay on What steps can India take to replace China as the manufacturing powerhouse of the world
Essay on What steps can the government take to reduce Fiscal & revenue deficit while ensuring enough Investment for development and growth
Essay on Where there is a will there is a way
Essay on Why should India be given a permanent seat in United Nations Security Council
Essay on Winter Season
Essay on With Universal Banking Banks of the modern era are emerging into too big to fail Discuss the pros and cons of this emergence
Essay on Women Delicate or Strong
Essay on Women Need More than Empowerment
Essay on Womens Depiction in Advertisements Gender Bias or Mean Attitude of the Society
Essay on Work is Worship
Essay on World Book Day
Essay on World Cancer Day
Essay on World Day of Social Justice
Essay on World Down Syndrome Day
Essay on World Earth Day
Essay on World Forestry Day
Essay on World Health Day
Essay on World Hemophilia Day
Essay on World Kidney Day
Essay on World Meteorological Day
Essay on World Poetry Day
Essay on World Radio Day
Essay on World TB Day
Essay on World Water Day
Essay on World Wetlands Day
Essay on World Wildlife Day
Essay on Yoga
Essay on Your Identity is Your Attitude
Essay on Zero Discrimination Day