For All Defence Aspirants to What Is Revocation Of Special Status of Jammu & Kashmir

For All Defence Aspirants to What Is Revocation Of Special Status of Jammu & Kashmir

Revocation Of Special Status Of Jammu And Kashmir

Recently, Parliament Approved A Resolution Abrogating Special Status Of Jammu And Kashmir (J&K) Under Article 370 Of The Constitution And A Bill For Splitting The State Into Two Union Territories Was Also Passed.

Background

With The End Of The British Paramountcy,The State Of J & K Became Independent On Agugust 15,1947 Initially Its Ruler, Maharaja Hari Singh Decided Not To Join India Or Pakistan And Remain Independent.

But Soon After Partition In 1947 ,Armed Militia Supported By Pakistani Army Attacked The Frontiers Of The State. This Action Of Pakistan Forced The Ruler Of J &K TO IMMEDIATELY SIGN The Instrument Of Accession To India. The Document Defined India’s Relationship With J & K ,Which Allowed India To Defend The State Against The Attack.

As Per The Document ,Only Defence,External Affairs And Communications Were Handed Over To The Government Of India, While Control Over All Other Sectors Was To Be Retained By The Ruler.

Soon After India Secured The Safety Of J& K,PM Nehru Raised The Issue In The UN.This Was Done In Order To Force Pakistan To Clear The Northern Parts Of The State Which It Had Illegally Occupied.

Meanwhile, The Political Activism Had Grown In J & K In Favour Of Elected Government. Hence, The Government Of India Ha Promised The State Of J & K That The People Of The State Would Be Governed By Their Own Constitution, Drafted By Their Own Constituent Assembly.

In Pursuance Of This Commitment, Article 370 Was Incorporated In The Constitution Of India Which Granted  A Special Status To J & K.IT WAS THIS LEGAL PROVISION WITH WHICH J & K WAS ASSURED OF AUTONOMY.

The Government Of India Wanted To Extend Other Provisions Of The Indian Constitution To J & K. According To Article 370,An Order Extending Such Other Provision To J & K Should Be Temporary Provisions Unless Passed By Constituent Assembly Also.

Thus, The Constituent Assembly For Drafting J& K Constitution Was Convened In 1951.Soon After The President Issued A New Order The Constitution (Application To Jammu And Kashmir)Order,1954,Which Replaced Al Previous Order Issued By The President.

The New 1954 Order Introduced Article 35A Into The Constitution Which Conferred Special Rights And Privileges To The Permanent Residents Of J & K.

Revocation Of Special Status of Jammu & Kashmir

Provisions Of Article 370

The Union Parliament Will Make Laws On Such Matters In The Union List And The Concurrent List Of The Seventh Schedule Which Are Mentioned In The J& K’s Instrument Of Accession.

Under Article 370, The President Can Decide Provisions Of The Indian Constitution (Not Mentioned In The Instrument Of Accession)Which Could Be Applied To Jammu And Kashmir But With The Concurrence Of The State Government.

Also The Clause (3) Of Article 370 Explicitly Mentions That The President Can Declare Article 370 Inoperative But For This Prior Approval Of The Constituent Assembly Of The State Shall Be Necessary.

Key Provisions Of The 2019 Amendment

The Union Home Minister Introduced Two Bills And Two Resolution Regarding Jammu And Kashmir (J & K) In Lok Sabha.The Second Bill, Jammu & Kashmir Reservation(2nd Amendment )Bill,2019 Was Withdrawn As The Provisions Of This Act Become Applicable To J & K Once Article 370 Gets Diluted And The Laws Of Union Of India Will Become Applicable There. These Are As Follows.

Constitution (Application To Jammu 7 Kashmir)Order ,2019,Issued By President Of India To Supersede The 1954 Order Related To article 370

Resolution For Repeal Of Article 370 Of The Constitution Of India.

Jammu 7 Kashmir (Reorganization)Bill ,2019

Jammu 7 Kashmir Reservation (2nd Amendment Bill, 2019 [Withdrawn From Both The Houses].

The Centre’s Decision Modified The Earlier Arrangement (Provisions Of Article 270,Article 35A,Etc) And Set Up New Terms Of Engagement With Jammu And Kashmir By Reorganizing It As Union Territory And Ending Its Special Status Under Article 370 And 35A.

The Centre’s Decision Modified The Earlier Arrangement (Provisions Of Article 370,Article 35 A,Etc) And Set Up New Terms Of Engagement With Jammu And Kashmir By Reorganizing It As Union Territory And Ending Its special Status Under Article 370 And 35A.

The Move Extended To It All The Provision Of The Constitution Which Were Not Earlier Applicable To It As It Had Its Own Separate State Constitution-The Only State In The Indian Union Which Has Its Own Separate Constitution.

Further The Jammu And Kashmir (Reorganization)Bill, 2019 Bifurcated The State Of Jammu And Kashmir Into; (I) The Union Territory Of Jammu And Kashmir With Legislature And (Ii) The Union Territory Of Ladakh Without A Legislature.

The Union Territory Of Ladakh Will Comprise Kargil And Leh Districts, And The Union Territory Of Jammu And Kashmir Will Comprise The Remaining Territories Of The Existing State Of Jammu And Kashmir.

Other Articles Under Part XXI, Articles 369 To 392 (Including Some That Have Been Removed)Define Special Provisions With Regard To Other States.

Issues Involved

The Entire Exercise To Nullify Article 370 Has Been Criticized For Being In Violation Of The Constitution. This Is Because Though The Constitution Explicitly Mentions That Article 370 Can Be Repealed But For This Recommendation Of The Constituent Assembly Of The State Shall Be Necessary.

The Present Modifications Was Made Without The Consultation Of The Constituent Assembly Or In Its Absence, The Legislative Assembly Of The State.The Opinion Of The Governor (With No Council Of Ministers To Aid And Advice Him) Was Deemed To Be The Opinion on Of Both The Bodies.

Thus The President’s Power Under Article 370 Has Been Used Both To Create An Enabling Provision (By Modifying Article 367 ) And To Exercise It Immediately To Modify The Order ,Thereby Dispensing With The Role Envisaged For The State Assembly.The Experts Have Held It Against The Spirit Of The Constitution.

The People Of J & K Had No Idea About The Upcoming Change In Their Political Future. No Space For Dissent Was Allowed And The J & K Especially The Valley Was Turned Into A Virtally Open Air Prison. Moreover, By Placing The Major Political Leaders Under House Arrest The Process Was Devoid Of The Spirit Of Democracy.

Critics Have Defined The Present Move As An Assault On The Federalism Of India. The State Of J & K Has Not Only Been Snapped Of Its Special Status But Also Downgraded To Two Union Territories.

Opposition Parties Have Described The Move As Unilateral And Hastily Action. The Bill Was Not Much Discussed In The Parliament Or Scrutinized By Special Committee As The Government Enjoyed Comfortable Majority To Get The Bill Passed In Both Houses Of The Parliament.

Way Forward

The Relegation Of Jammu And Kashmir From State To Union Territory Needs To Be Reverted Back To I Ts Statehood As The Situation Normalizes. This Is Because It Was The First Time That An Indian State Has Been Demoted To The Status Of Union Territory.

The Assembly Polls Also Need To Be Held Without Much Delay And In A Transparent Manner.

The Government Has Reiterated That The Issue Of Jammu And Kashmir Is An Internal Matter Of India .However, The Government Should Also Take The Global Powers In Confidence On The Issue Before Making Such Moves In Future Which Can Have International Ramifications.

 

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