Monday, November 11, 2019

Abrogation of Article 370

#Abrogating_Article_370&35A_of_Indian_Constitution
#Historical_move  #Scrapping_J&KConstitution
#India_united_for_Peace&Prosperity
#Jammu&Kashmir_and_Ladakh_two_new_Union_Territory_of_India
#28_States&_9_Union_Territory_India




#About_Jammu&Kashmir: Jammu & Kashmir Situated in the far north-west of our country. It is located mostly in the Himalayan mountains and shares borders with the Indian states of Himachal Pradesh and Punjab to the south. The Line of Control separates Jammu and Kashmir from the Pakistani-administered territories of Azad Kashmir and Gilgit-Baltistan in the west and north respectively, and a Line of Actual Control separates it from the Chinese-administered territory of Aksai Chin in the east.

#Background_history_of_Jammu&Kashmir: Maharaja Hari Singh became the ruler of the princely state of Jammu and Kashmir in 1925. Jammu and Kashmir had a Muslim majority (77% Muslim by the previous census in 1941). Following the logic of Partition, many people in Pakistan expected that Kashmir would join Pakistan. However, the predominant political movement in the Valley of Kashmir (Jammu and Kashmir National Conference) was secular and was allied with the Indian National Congress since the 1930s. So many in India too had expectations that Kashmir would join India. But On 22 October 1947, rebellious citizens from the western districts of the State and Pushtoon tribesmen from the Northwest Frontier Province of Pakistan invaded the State, backed by Pakistan. For to save Jammu & Kashmir Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947 in return for military aid and assistance, which was accepted by the Governor General the next day which state Dominion of India with three subject Defence, External Affairs and Communication under Indian government. But When India send its military troops the result is India-Pakistan War 1947. The matter was send to United Nations Security Council and they move a resolution and set up United Nations Commission for India and Pakistan (UNCIP) to mediate but unfortunately we went for 1965, 1971 and 1999 war with Pakistan.

#What_is_Article370:  Article 370 of the Constitution is a 'temporary provision' which promises to grant autonomous status to Jammu and Kashmir and limits Parliament's powers to make laws for the state. The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution.

#What_is_35A: Article 35A stems from Article 370, having been introduced through a Presidential Order in 1954. Article 35A is unique in the sense that it does not appear in the main body of the Constitution — Article 35 is immediately followed by Article 36 — but comes up in Appendix I. Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.

#How_Article_370_removed:
>Article 370 states that it was only temporary and not permanent.
>President can declare that Article 370 ceases to be operative or operates with exceptions and modification.
>However this can be done only on the recommendation of the Constituent Assembly.
>Due to non availability of government in Jammu and Kashmir, it duly signed by Governor of Jammu and Kashmir to put the law come into enforcement.
>In order to control, government divide the state in to Two Union Territory(UT) i.e Jammu & Kashmir(Consist 20 District) and Ladakh(Kargil & Leh).
>It scrapped the Present Jammu and Kashmir Constitution and its statehood.

#Some_other_states_Special_Status:

>371= Maharashtra and Gujarat
>371 A= Nagaland
>371 B= Assam
>371 C= Manipur
>371 D= Andhra Pradesh and Telengana
>371 F= Sikkim
>371 G= Mizoram
>371 H= Arunachal Pradesh
>371 I= Goa
>371 J= Karnataka

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