Article 370 & The Jammu and Kashmir : Part 1

Article 370 & The Jammu and Kashmir was repealed by the Government of India on 05 August 2019, due to which the statutory system of the state came under the purview of the Center. The central government divided Jammu and Kashmir into two parts and formed two union territories, whose command came directly into the hands of the central government through the lieutenant governor. Before knowing this act, we try to know, what were the laws of the Government of India, which were not applicable in Jammu and Kashmir and why they were not applicable?

Exogenous Forces - Weathering andErosion 

Special Rights Given to Jammu and Kashmir Under Article 370

Before the implementation of the Jammu and Kashmir Reorganization Act 2019 (The Jammu and Kashmir Reorganization Act 2019), Jammu and Kashmir had special status under Article 370. Along with Article 370, some other provisions like Article 35 (A), Delhi Agreement etc. were also present, whose brief details are as follows –

• Article 370 was added to the Indian Constitution on 17 October 1949, which gives Jammu and Kashmir the power to create its own constitution separate from the Indian Constitution.
• The Constituent Assembly finally accepted the Constitution of Jammu and Kashmir on 11 November 1957 and from this day the merger of Jammu and Kashmir with India was recognized.
• The Parliament of India had the power to make laws for the state of Jammu and Kashmir on those subjects of the Union List and the Concurrent List –
• Which the President, on the basis of consultation with the State Government, declares according to the subjects specified in the letter of accession.
• Which the President may, with the consent of the State Government, specify by order.
• Under Article 370, the Indian Constitution was not applicable to other areas except in three areas – Defense, External Affairs and Communications in Jammu and Kashmir. The provisions related to the states of the Indian Constitution did not apply here, because Jammu and Kashmir had its own separate constitution.
• Jammu and Kashmir was not included in the 'State' under Article 152 mentioned in Part VI of the Constitution of India. That is, it was not included in the states of India.
• The provisions of Article 368 in the Indian Constitution did not apply to the state of Jammu and Kashmir.
• The Parliament of India could not, without the consent of the State, change the name or territory of the State or enter into any international treaty affecting the State.
• The declaration of emergency under Article 352 could be made with the consent of the state government. Article 356 (President's rule) was applicable in the state, but Article 360 (financial emergency) was not applicable in the state.
• There were only two types of emergency provisions in the state of Jammu and Kashmir –
• Governor's Rule under Article 92 of the Constitution of Jammu and Kashmir.
• President's Rule under Article 356 of the Indian Constitution.
• The provisions of the Indian Constitution relating to the Directive Principles of State Policy were not applicable to the State.
• Residual powers in relation to the state were available to the State Legislature, but under Article 249, the Federal Parliament could make laws on the approval of the Rajya Sabha in the national interest.
• The term of the Legislature of Jammu and Kashmir was of 6 years, whereas the term of the Legislature in the whole of India is of 5 years.
• The official language of the state was Urdu.
• The state of Jammu and Kashmir had its own separate flag.

Ocean Current - Part 4, Indian Ocean Currents, Effect and Importance of Currents

Delhi Agreement and Article 35 (A)

• In 1952, there was an agreement in Delhi between the Prime Minister of Jammu and Kashmir, Sheikh Abdullah and the Prime Minister of India, Jawaharlal Nehru, which was called the Delhi Agreement. according to this -
• The President of India got the right to make 'exceptions and amendments' to the constitution for the state subjects of the state of Jammu and Kashmir under Jammu and Kashmir Article 370 (1) (D).
• Using this, on 14 May 1954, the President of India, Dr. Rajendra Prasad implemented Article 35 (A) by an order.
• Article 35 (A) was added to the Indian Constitution as a notification without constitutional amendment. It was never passed by the Lok Sabha and the Rajya Sabha, which has always been a question of dispute on its constitutionality, because any ordinance can remain in force for a maximum of 6 months without being passed by the Parliament, after which it automatically becomes ineffective. becomes |
• Article 35 (A) of the Constitution of India gives the Jammu and Kashmir Legislature the power that the State Legislature could define the residents of the State and their rights and privileges. It is not a part of the original constitution, rather it was placed in Appendix I. according to this -
• A 'permanent resident' of the State of Jammu and Kashmir is a person who -
• Must have been a resident of the state on May 14, 1954.
• Must have been living in the state for 10 years before May 14, 1954, and acquired property there.
• No person from outside the state of Jammu and Kashmir could buy property here.
• The special rights of job, property and residence were available only to the permanent residents of the state.
• The right to property was still in force in the state.
• A woman from Kashmir was not allowed to marry a non-Kashmiri. If a woman married a non-Kashmiri, she was denied the right to employment and property. The woman neither got the father's property, nor did she get the husband's property.
• Before the year 2002, marrying a non-Kashmiri woman also had to lose her citizenship of the state of Jammu and Kashmir.
• On the contrary, all the rights of a man were protected by marrying a non-Kashmiri woman.
• Before the removal of Article 370, the Indian Penal Code (IPC) was replaced by the Ranvir Penal Code (RPC).
• RPC was applicable here since the British period.
• Before India's independence, Jammu and Kashmir was an independent princely state and at that time it was ruled by the Dogra dynasty. Maharaja Ranjit Singh was the ruler of this place. Therefore, in 1932, the Ranjit Penal Code (RPC) was implemented in his name, which was still in force.
• The RPC was similar to the Indian Penal Code (IPC) with some changes.

Carbon Footprint : Impact and Prevention

We will know the various provisions of The Jammu and Kashmir Reorganization Act 2019 in our next article The Jammu and Kashmir Reorganization Act 2019 - Part 2