Article 370 in The Constitution Of India..
India has scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lock down and massive troop deployment in the disputed region.
Minister of Home Affairs Amit Shah, a close ally of Prime Minister Narendra Modi, told parliament on Monday that the president had signed a decree abolishing Article 370 of the constitution, stripping the significant autonomy Kashmir had enjoyed for seven decades.
The move is expected to further inflame tensions in the Muslim-majority region of more than seven million people and infuriate rival Pakistan.
The article, which came into effect in 1949, exempts Jammu and Kashmir state from theIndian constitution.
It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.
It established a separate constitution and a separate flag and denied property rights in the region to the outsiders.
That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.
What is Article 35A?
- Article 35A of the J&K State, referred to as the Permanent Residents Law Article 35A was introduced through a presidential order in 1954, to continue the old provisions of the territory regulations under Article 370 of the Indian constitution.
- The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.It forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.
- Critics of Article 35A say the provision did not have any parliamentary sanction, and that it discriminates against women.
- The article, which came into effect in 1949, exempts Jammu and Kashmir state from the Indian constitution. It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defense, foreign affairs and communications.
- It established a separate constitution and a separate flag and the outsiders.
- That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.
Article 368 in The Constitution Of India 1949
368. Power of Parliament to amend the Constitution and procedure there for
(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in
(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article, the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent
(3) Nothing in Article 13 shall apply to any amendment made under this article
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any court on any ground
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
Article 356 (1) (b)
(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation —
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation:
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:
Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:
Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to five years.
(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless —
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:
Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.
- Whether Article 370 and article 35 A, can be abrogated?
- Normally it can not be done. Article 370 can be abrogated
- by an act of parliament,
- with the concurrence of the constituent assembly of J&K,
- and by a presidential order only.
- Currently the Constituent Assembly of J& K IS EXISTING, AS
SUCH IT CAN NOT BE DONE.
- How it was done ON THE 5TH AUG 2019?.
Actually is a great achievement. This is what our great leader
Shri.S.P.MUKHERJEE wanted died for……
Abrogation may lead to , Blood shed, ANDHOLAN,LARGE SCALE
DIS OBIEDIENCE Then the press will blow things out of proportion,
Law and order situation
Comment ur Views and Suggestions Regarding This..