Article of the Indian constitution is an article that gives autonomous status to the state of .. "The Constitution (Application to Jammu and Kashmir) Order, " (PDF). Government of Jammu and Kashmir. Retrieved 11 May PDF created with FinePrint pdfFactory Pro trial version smigabovgrisus.ml . KASHMIR ARTICLE by Mohan Krishen Teng. 1. Article of The Indian Constitution Is An Article - Act Arrangement of The Governance - Political Science In Hindi. Get More on Study Material (in Hindi) of Digital Conversion of India World Development Report (Download PDF).
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Keywords: Jammu and Kashmir, India, Article , Special Features, amazing, one of the best Hindi artist kalidas once said that Kashmir is more .. Retrieved from smigabovgrisus.ml~gcogley/glaciology/papers/cogleyag52(59).pdf . Text of the Article. Temporary provisions with respect to the State of Jammu and Kashmir. (1) Notwithstanding anything contained in this Constitution,—. India News: According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's.
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UP Lok Sabha Election. Diljit Dosanjh givesa funny sneak peek into his film with Kriti Sanon Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir , the latest of which was in April Temporary provisions with respect to the State of Jammu and Kashmir 1 Notwithstanding anything contained in this Constitution,— a the provisions of article shall not apply now in relation to the state of Jammu and Kashmir; [a] 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.
Explanation: 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.
GK Quiz on Indian Polity on Article 370 and Attached Office and Subordinate Office
The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article was designed to protect those rights. Noorani , the Article records a 'solemn compact'. Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article.
The State was allowed to have its own Constitution. Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.
Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.
The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly. The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened.
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Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible. The Article could be abrogated or amended only upon the recommendation of the State's Constituent Assembly.
After the Constituent Assembly dispersed on 17 November , adopting a Constitution for the State, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished.
Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till , but that it was abandoned afterwards. In subsequent years, other provisions continued to be extended to the State with the 'concurrence' of the State Government.
Presidential order of [ edit ] The Presidential order of , officially The Constitution Application to Jammu and Kashmir Order, , came into force on 26 January contemporaneously with the Constitution of India. It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b i of the Article Thirty eight subjects from the Union List were mentioned as matters on which the Union legislature could make laws for the State.
Certain articles in ten of the twenty-two parts of the Indian Constitution were extended to Jammu and Kashmir, with modifications and exceptions as agreed by the state government.
Presidential order of [ edit ] The Presidential order of was issued on 15 November , at the request of the state government. It amended the Article , replacing the phrase "recognised by the President as the Maharaja of Jammu and Kashmir " by "recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat ".
The amendment represented the abolition of the monarchy of Jammu and Kashmir. The Basic Principles committee of the Constituent Assembly recommended the abolition of the monarchy, which was unanimously approved by the Assembly on 12 June In the same month, the Hindu-dominated Jammu Praja Parishad submitted a memorandum to the President of India demanding the full application of the Indian Constitution to the State.
अनुच्छेद 370 (Article 370-Act Arrangement of The Governance)
The Government of India summoned a delegation from Jammu and Kashmir in Delhi for discussions on the relations between the Centre and the State. After discussions, the Delhi Agreement was reached.
However, in August , the State Constituent Assembly adopted a resolution abolishing the monarchy and replacing the position by an elected Head of State called Sadar-i-Riyasat.
Despite reservations on this piecemeal approach to adopting provisions, the Central Government acquiesced, leading to the Presidential Order of Issued with the agreement of the State's Constituent Assembly, it was a comprehensive order seeking to implement the Delhi Agreement.
Simultaneously, the Article 35A was added to the Constitution, empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment.
The fundamental rights of the Indian constitution were extended to the state. However, the State Legislature was empowered to legislate on preventive detention for the purpose of internal security.After discussions, the Delhi Agreement was reached.
The Union may also specify certain industries, waterways, ports etc.
The state has special autonomy under Article of the Constitution of India. The Government of India summoned a delegation from Jammu and Kashmir in Delhi for discussions on the relations between the Centre and the State. The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India.