2. What was the legal and constitutional status of Kashmir before the repeal of Article 370? The article, entitled the Permanent Residents Act, also excludes female residents of Jammu and Kashmir from property rights if they marry someone from outside the state. This provision also applies to the children of these women. The essay of 370 articles in English will enlighten a person on how the instrument of accession has affected the state of Jammu and Kashmir. Article 7 of the instrument of accession signed by Maharaja Hari Singh stipulates that the State of Jammu and Kashmir is not obliged to accept future articles of the Indian Constitution. The National Assembly has the power to adopt its own constitution. The National Assembly will also decide how much power should be in the hands of the central government. The state of Jammu and Kashmir has been given special status because of the conflict in the countryside. The paragraph of Article 370 explains in English the special status of the Jammu and Kashmir experience. On 26 May 2008, the Government of India and the Government of the State of Jammu and Kashmir entered into an agreement to transfer 100 acres (0.40 km2) of forest land to the Shri Amarnathji Shrine Council (SASB) to provide temporary shelter and facilities for Hindu pilgrims.
[81] Kashmiri separatists opposed the move on the grounds that it would jeopardize Article 370, which gives the people of Jammu and Kashmir a distinct identity and prevents any Indian citizen from settling in Kashmir. The people of Kashmir have largely protested against this decision by the Indian government. [82] Following the protests, the J&K state government relented and rescinded the land transfer decision. As a result, Hindus in the Jammu area have launched counter-agitations against this withdrawal. In July 1952, an agreement was reached between the then Prime Minister of India, Jawaharlal Nehru, and the Prime Minister of Jammu and Kashmir, Sheikh Abdullah, requiring that India`s citizenship law be made applicable to the state and allow the state to regulate the rights and privileges of its own permanent residents. The following day, on 6 August, the President implemented the resolution and revoked the special status of Jammu and Kashmir by Presidential Decree C.O. 273, which stipulated that effective 6 August, Jammu and Kashmir would be granted the privilege of Jammu and Kashmir. In August 2019, “all provisions of the said Article 370 shall cease to enter into force” and that “all provisions of this Constitution, as amended from time to time, without amendment or exception, shall apply to the State of Jammu and Kashmir”. However, the most important part of Article 370 for the purposes of recent developments is Article 370(3), which gives the President of India the power to amend or repeal Article 370 himself by means of a public announcement (stating that this Article “repeals or comes into force only with such exceptions and amendments”), provided that “the recommendation of the Constituent Assembly of the State” is given before the President issues such notice.
Zia explained that Kashmiris “are not bound by Article 370 as a means of loyalty to stay with India,” but that it has become a legal entity over time, despite attempts by various governments to cut it off and bring the region into Delhi`s fold. In fact, however, the “self-determination movement” is an essential part of understanding Kashmir-India relations, Vijayan said. Article 370 of the Indian Constitution is described as a “temporary provision” granting the State of Jammu and Kashmir special autonomous status within the Union of India. In accordance with Article 370(1)(b), the Parliament of the Union may legislate on behalf of the State `only in consultation with the Government of the State` in certain matters provided for in the instrument of accession, namely defence, foreign affairs and communications. Other matters on the lists of legislative subjects may only apply to Jammu and Kashmir with the “consent of the State Government” by presidential decree. Article 370 (1) (d) provides that other constitutional provisions may be applied to the State from time to time, “subject to any modification or exception” made by the President of India, including by order of the President, so long as they do not fall within the aforesaid matters and except with the consent of the State Government. This article was contained in Part XXI of the Constitution, entitled “Temporary, transitional and special provisions”. [5] The Jammu and Kashmir Constituent Assembly was empowered after its establishment to recommend which articles of the Indian Constitution should be applied to the state or to repeal Article 370 altogether. After consultation with the State Constituent Assembly, the Presidential Order of 1954 was issued, which established the articles of the Indian Constitution that applied to the State. Since the Constituent Assembly dissolved without recommending the repeal of Article 370, this section was considered an integral part of the Indian Constitution. [6] [7] On September 16, 2019, according to media reports, the Supreme Court accepted the petition filed by the Jammu and Kashmir People`s Conference (JKPC), a state-run political party, challenging “state-imposed presidential rule and the repeal of Article 370 provisions,” but refused to consider new petitions against the Article 370 Ordinance.
The Chief Justice was also quoted as saying that “Jammu and Kashmir has been ordered to do its best to ensure a return to normal life” after a three-judge panel heard several petitions concerning the state. 370. All provisions of this Constitution, as amended, shall apply to the State of Jammu and Kashmir, notwithstanding anything to the contrary in Article 152 or Article 308 or any other section of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law. Documents, judgments, orders, orders, orders, orders, regulations, regulations, communications, customs or customs having the force of law in the territory of India or other instruments, contracts or arrangements referred to in Article 363 or otherwise. Rupert Colville, spokesman for the UN Office of the High Commissioner for Human Rights, said in a video posted on Twitter that India had “taken what is already a bit of a model to a new level.” According to the United Nations, the Indian government has cut off communications to “silence” dissent in the region. On 5 August 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, C.O. 272, in accordance with Article 370(1) of the Constitution of India. Constitutional lawyer Gautam Bhatia notes that this is “the basis of everything that follows.” The Ordinance states that with the consent of the Government of the State of Jammu and Kashmir, “all provisions of the Constitution, as amended, shall apply to the State of Jammu and Kashmir.” Furthermore, since the Government could not directly invoke Article 370(3) to repeal other Articles, it sought to use its powers under Article 370(1) to amend Article 367, the interpretative clause of the Constitution, in order to interpret references to the “Government of the State [Jammu and Kashmir]” in Article 370 as Governor of Jammu and Kashmir (§ 2). and the term “State Constituent Assembly” in section 370 (3) means the present Kashmir Legislative Assembly.