Question:Consider the following statements regarding the abrogation of Article 370 of the Indian Constitution:
(1)Under Part 21 of the Constitution of India,the State of J&K has been accorded special status
(2)Except for defence,foreign affairs,communications and matter specified in the instrument of Accession of J&K,Indian parliament needs the concurrence of the J&K government for applying all other laws
(3)Center cannot declare financial emergency under Article 360
Of the above correct statement/s is/are:
(a)only 1&2
(b)only 2 & 3
(c)only 1 & 3
(d)All of the above
Answer: (d)
Related facts:
(1)Under Part 21 of the Constitution of India,the State of J&K has been accorded special status
(2)Except for defence,foreign affairs,communications and matter specified in the instrument of Accession of J&K,Indian parliament needs the concurrence of the J&K government for applying all other laws
(3)Center cannot declare financial emergency under Article 360
Of the above correct statement/s is/are:
(a)only 1&2
(b)only 2 & 3
(c)only 1 & 3
(d)All of the above
Answer: (d)
Related facts:
- President Ram Nath Kovind has signed the bill to declare abrogation of the provisions of Article 370 of the constitution, which gave special status to Jammu and Kashmir.
- Earlier, the government had moved the Jammu and Kashmir Reorganization Bill 2019 for consideration and passage in Lok Sabha on August 6, 2019 .
- The bill , which will split J&k into two Union Territories, was passed by upper House (Rajya Sabha) though a voice vote and 125 were in favour while 61 were against.
- Along with this, the provisions of 10% reservation for Economically Weaker Sections (EWS) among the general category was also passed in the house.
Important provision to the bill:
- Union Minister for Home affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (J&K) Order, 2019{Ref. Article 370 (1) of Constitution of India} issued by President of India to supersede the 1954 order related to Article 370.
- Resolution for Repeal of Article 370 (3) which granted special status to the state of J&K. Under Article 370 (3), there is a provision that President on recommendation of the Parliament, has the power to amend or cease the implementation of Article 370, through a public notification.
- Jammu & Kashmir (Reorganization) Bill, 2019 {Ref. Article 3 of Constitution of India}. The Jammu and Kashmir (Reorganisation) Bill, 2019 strips Jammu and Kashmir’s status of a state and splits it into two Union Territories-Jammu & Kashmir with a legislature and Ladakh without legislature.
- Jammu & Kashmir Reservation (2nd Amendment ) Bill, 2019 having provisions of 10 Percent reservation for economically Weaker Sections of upper caste in the state was also passed by the upper house. It will be applicable in educational institutions and public employment alongside existing reservation structure.
Important changes:
| Before Bill Jammu & Kashmir was a State with special statusOnly citizens of Jammu and Kashmir were allowed to buy land in the stateNo outsider could settle in the state.RTI could not be filed Period of Legislative Assembly was 6years.Jammu & Kashmir had a separate flagJ&K had a separate constitution Ladakh was a part of Jammu & KashmirThe constitutional head was Governor | After Bill Now Jammu & Kashmir will be a Union TerritoryPeople from anywhere in India will be able to buy a property Now any citizen of the country can settle in J & K.No restriction on filing RTI Now, It will for five years Only the National Flag will be thereNo separate constitution, law & order will be under center governmentLadakh will be a separate Union Territory without a legislatureNow, state head will be Lieutenant Governor |
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- Article 35A scrapped:
- With the removal of Article 370, Article 35 A will be also scrapped. Now, people from other states may also buy or purchase land and settle there.
- Article 35 A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “Permanent residents” of the state and provide special rights and privileges to those permanent residents.
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