Why is Article 370 removed?
In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘inoperative’ even though it still exists in the constitution.
What is Article 370 Upsc?
The key feature of Article 370 was that the Central laws passed by the Parliament did not automatically apply to the erstwhile State of J&K, and it was the right of the State Legislature to approve them by passing a parallel act. Article 370 is a constitutional provision that gave Jammu and Kashmir its special status.
What is the difference between Article 370 and 35A?
The state is empowered, both in the Instrument of Accession and the Article 370, to decree exceptions to any extension of the Indian Constitution to the state, other than in the matter of ceded subjects. So Article 35A is seen as an exception authorised by the Article 370, clause(1)(d).
Who wrote article 370?
Ayyangar was the chief drafter of Article 370 which granted local autonomy to the state of Jammu and Kashmir.
Is Article 370 permanent?
On 3 April 2018, the Supreme Court of India gave a similar opinion declaring that Article 370 has acquired a permanent status. It stated that, since the State Constituent Assembly has ceased to exist, the President of India would not be able to fulfill the mandatory provisions required for its abrogation.
Who Framed J&K Constitution?
Constituent Assembly of Jammu
Constituent Assembly of Jammu and Kashmir was a body of representatives elected in 1951 to formulate the constitution of Jammu and Kashmir. The Constituent Assembly was dissolved on 26 January 1957, based on Mir Qasim resolution it adopted and ratified on 17 November 1956.
Is J and K no longer a state?
The act re-constituted the former state of Jammu and Kashmir into two union territories, Jammu and Kashmir and Ladakh, with effect from 31 October 2019.
Is Kashmir still a part of India?
It is under Indian administration and was part of the state of Jammu and Kashmir until 2019. The Indo-Pakistani War of 1947 established the rough boundaries of today, with Pakistan holding roughly one-third of Kashmir, and India one-half, with a dividing line of control established by the United Nations.