"So each of the princely states was now free to join India or Pakistan or to remain independent. Jahangir came virtually, under the spell of the scenic beauty of the place, and wherever he found a hill coming down gently to a spring or a grove of majestic Chinar trees or a beautiful lake, he utilized the place for planting a pleasure garden. It would head towards ending separatism, nepotism and corruption and would provide welfare tothe people of Jammu and Kashmir. in Constitution with the government of the state matters specified in the instrument of Accession. Study Smartly and leave current affairs to us. This will affect the farmer community. If large-scale protests do erupt, how they are handled will be extremely important. Restricting citizens from other States from getting employment or buying property within Jammu and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Indian Constitution. Today its Indias top website and an institution when it comes to imparting quality content, guidance and teaching for IAS Exam. The Kashmir accession was started at the time of Maharaja Hari singh. The Legislative Assembly may make laws for the whole or any part of the Union Territory of Jammu and Kashmir with respect to any of the matters enumerated in the state list except on subjectspublic order and police which will remain in the domain of the Centrevis-a-vis the LG. In this case, it will be the LG. But in case of the state of Jammu and Kashmir law making powers are limited by (a) Sub-Cl. It is an act by the Indian Parliament where the State of Jammu and Kashmir was. 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. Now, new start-ups, businesses and the government will create new infrastructure and boost development along with the creation of new jobs. Article 370 and the constitutional history of Jammu & Kashmir are important for the IAS exam. In this case, J&K has been bifurcated, and statehood diluted to UT status, without any deliberations in the assembly. Pakistan immediately accepted the offer, even though no actual agreement was ever executed. The Bill specifies that the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh will have acommon Lieutenant Governor. In May 1965 large scale of fighting erupted in Ranna of Kutch between India and Pakistan. Prince Karan Singh then accepted the post of Sadar-i-Riyasat (constitutional Head of State). It will benefit the Scheduled Castes and Scheduled Tribes living in Jammu and Kashmir. Though in this part (Part XXI) special provision are given to the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh and Goa, the special power and provision of J & K are nowhere when compared. Topical Analysis: New Education Policy 2020, Topical Analysis: Transgender Persons (Protection of Rights) Rules, 2020, Topical Analysis: Linkage between COVID 19 and Child labour, Topical Analysis: Management of Indian Borders, Topical Analysis: Feminisation of agriculture, Topical Analysis: Era Electric Vehicle In India, 1B, Second Floor, Pusa Road, Karol Bagh, New Delhi - 110005 (Beside Karol Bagh Metro Station Gate No. Only when local aspirations are recognized, addressed and debated alongside India and Pakistans nationalist and strategic goals will a durable solution emerge to one of the worlds longest-running conflicts. It was a comprehensive blue print for good neighbourly relations between India and Pakistan. It will lead to better access to health and education. Enrol to StudyIQ's Flagship UPSC IAS (Pre + Mains) LIVE Foundation Batch 9. A Lieutenant Governor will govern both Union territories. In 1972 Pakistan President Z.A.Bhutto and Indian Prime Minister Indira Gandhi sign the Simla Agreement, Which provided for return of territory captured in 1971, return of Pakistani prisoners of war and resolution of mutual differences through all peaceful means. The Presidential Orders, broadly speaking, deal with the following subject matters: In the year 1954, the Constitutional Application Order 1950 was renamed as the Constitutional Application Order 1954 and its issuance was the first infringement on the constitutional autonomy of the State of J&K. re scattered across J&K and Ladakh. The single largest party in the assembly will form the government, headed by a chief minister, and the assembly will have a five-year term, not six, as was the earlier case. Article 35A is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all arepermanent residents of the State and confer on them special rights and privilegesin public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. It will completely change the relationship between the state and the rest of India. Required fields are marked *. It is believed that the planning for the operation, by Pakistan, may have occurred about as early as the autumn of 1998. They speak their own language called Dogri. Laws related to union and concurrent list in J & K can be passed only after consultation with the state government. Due to the expected change in demography and commercialisation of the region. It is important that the process of turning the state into a UT does not lead to alienation. The cause of the war was a dispute over the Aksai Chin and Arunachal Pradesh border regions. On 18 May 1964 Pakistan again raised the question about J&K in Security Council. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Would love your thoughts, please comment. In the absence of such an assembly, it can be removed with the concurrence of the state legislative assembly. Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district as section 144 was imposed from midnight. The plea said Article 35 A is against the very spirit of oneness of India as it creates a class within a class of Indian citizens. The benefits are wide-ranging, it will increase industrialization, thereby increasing employment opportunities to the youth of Jammu and Kashmir. Article 360, which can be used to declare a Financial Emergency, will now also be applicable. The amended Article declares the expression Constituent Assembly of the State in Article 370 (3) shall be read to mean Legislative Assembly of the State'. Current Affairs, GK & News related notes on abrogation of article 370 topic for UPSC, Civil Services, Banking and other Competitive Examinations of India. The Instrument was accepted by the Governor-General. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 issued by the President of India under Article 370. Finished paper. Article 370(3) provided that the Article 370 was to be amended by the concurrence of the Constituent Assembly. Our dream is to make its members achieve their IAS dream. Kashmir has history of 6000 years, intermittently ruled by outsiders. For this reason, he offered a standstill agreement to both the countries. The cornerstone of their policy was. Pakistan had stopped all the trade with India after Abrogation of Article 370 by the Indian Government. Currently, there is no medical college, engineering college or a management institution anywhere in Ladakh. However, there are limits to Pakistans response. Development by abrogating article 370. Article 370 was included in the Indian Constitution on October 17, 1949, as a temporary provision, which exempts Jammu and Kashmir from the Indian Constitution = allows it to draft its own Constitution and restricting the Indian Parliaments legislative powers in the state. Via the 1952 Delhi Agreement, the Government of India conceded the wishes of the state's people and the monarchy was abolished. Under Article 370: The Constituent Assembly of Jammu & Kashmir was empowered to recommend which articles of the Indian Constitution should apply to the state, The J&K Constituent Assembly was dissolved after it drafted the state's constitution. The provision mandates thatno act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land. In February 1999, the Lahore declaration signed by Nawaz Sharif and Atal Behari Vajpayee also affirmed the bilateral nature of issues and their resolution. At ForumIAS, we have a dream. Some of them are as under: Under Article 370 of the Constitution of India, the President had the power of issuing orders for the application of provisions of the Constitution of India with modifications, exceptions and amendments in the provisions. It may feed the rage and increase the distance between Srinagar and New Delhi. It will also clear the path forabrogating Article 35Awhich would allow Indian citizens topurchase land and settle permanently in J&K = This move is bound to have a significant impact on the demography, culture, and politics of J&K. It was, however, clearly established that these invaders were being looked after in Pakistan territory, fed, clothed, armed and otherwise equipped and transported to J&K with the help, direct and indirect, of Pakistani officials, both military & civil. It has been self-harming to have ignored Ladakh thus far. What's New : What's New : [email protected]. However, to apply a central legislation to matters other than defence, foreign affairs and communications. In News- August 5 marked the first anniversary of the abrogation of the special status of Jammu and Kashmir (Article 370) and conversion of the erstwhile state into two Union Territories Jammu and Kashmir and Ladakh. and also for UPSC civil . Like all Indian citizens, Kashmiris seek greater democracy. They speak their own language called Dogri. (1) Notwithstanding anything in this Constitution. It was about empowering people, making people feel that they belong, and about increasing the accountability of public institutions and services. The new clauses say that all references to the State government shall mean the Governor. The new doctrine will have to persuade the majority of the people of Jammu and Kashmir that greater integration with India will provide them with more opportunities, provide more freedom and space, and strengthen their rights much more than the alternatives proposed by other mainstream parties or separatists. Shall refrain from intervention and interference in each other's internal affairs. They may not support this decision because a Union Territory without a legislature not only negates the idea of decentralisation of power to the grassroots (the undergirding principle of the autonomous hill council) but could well lead to a shifting of the loci of power to Leh, resulting in losing whatever gains they have assiduously made over the years. In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly, earlier law shall prevail and law made by the Legislative Assembly shall be void. "The abrogation of article 370 was achieved in the teeth of tough resistance.". 8448496262. Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India. India requested a representative to be sent for discussions. . Attempts have worked for diffusing tensions, or calling off hostilities at the Line of Control and the International Border, but not in terms of their rival claims over Jammu and Kashmir. Employees of State public sector undertakings and autonomous bodies would continue in their posts for another year until their allocations are determined. The following principles of the Agreement are, however, particularly noteworthy: A mutual commitment to the peaceful resolution of all issues through direct bilateral approaches. Article 35A is required to promote the industrial development of J&K since it imposes restrictions on non-permanent residents to carry on business in the State. UPSC IAS (Pre + Mains) LIVE Foundation Batch 6Batch starting on 30th September'22 | 8:00 AMHurry Enrol Now : https://bit.ly/3DzzQ1kUPSC IAS (Pre + Mains) LIV. InsightsIAS Headquarters, A year later, the then Home Minister Gulzari Lal Nanda, again on the floor of Lok Sabha on 4 December 1964, said, Article 370 is a tunnel to take the Constitution of India to Jammu and Kashmir. Notably, Article 4 (2) of the Simla Agreement states as below: Neither side shall seek to alter it (the LoC) unilaterally, irrespective of mutual differences and legal interpretations, Both sides further undertake to refrain from the threat of the use of force in violation of this Line. Sir Narasimha Ayyangar Gopalaswami Ayyangar represented India at the United Nations Security Council and later drafted the Article 370 of the Indian Constitution that granted autonomy to Jammu and Kashmir. However, Article 370 of the constitution empowers the President to declare the provision inoperative. Dogras believed to be suryavanshi Rajputs of chattri origin. In confronting Pakistans terrorism and reorganising the political status of Kashmir, the Modi government has set a new policy template. Jammu and Kashmir will no longer have separate constitution, flag or anthem. How Article 35A is against the very spirit of oneness of India as it creates a class within a class of Indian citizens? Q) What was the Article 370 removal date? Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. The misery of the people increased due to natural calamities as well, such as premature snow falls, which would destroy a ripe rice crop leading to famines. Settlement in different parts of the State. Course Calendar ; GS Classes . What is article 370 Guaranteed By Constitution of India? With the United States seeking a quick exit from, and willing to let the Inter-Services Intelligence-sponsored Taliban control Afghanistan (and China deeply embedded in the power play), the. The state turned to India for help, which started air-lifting essential items like salt and kerosene. Article 35 A had been used to define. Provisions for non-application of the amendments carried out by the Parliament of India in the Constitution of India. Akbar built a new town near Hariparbat and called it, The rulers of Kabul were great despots, and they ruled all the parts of their kingdom ruthlessly with an iron hand. But the arguments with China are now mostly political. The Indian Armys deployment along the Line of Control in Jammu and Kashmir is extremely robust, and will not allow large-scale infiltration. Admissions closing on 10 DEC'22 | Enrol now - https://bit.ly/upscbatch9A time-te. The Simla Agreement contains a set of guiding principles, mutually agreed to by India and Pakistan, which both sides would adhere to while managing relations with each other. The Indian Independence Act divided British India into two independent states, the Dominion of Pakistan and Dominion of India. Article 35A is not amendable based on basic structure violation since Article 370 gave J&K a set of special privileges. Representation in the House of People: Out of the six Lok Sabha seats in the state of Jammu and Kashmir, five remained with the Union Territory of Jammu and Kashmir and one went to the Union Territory of Ladakh. of the constitution says that India, that is Bharat, shall be a union of states and the territory of India is composed of territories of states, the union territories and any acquired territories as listed in Schedule 1 per Article 1 (3). Besides, the legislature loses roughly $100 million, making the abolishment of pennies. This lead to war and fighting spread to Punjab, Rajasthan and Kashmir. IAS4Sure WikiIAS notes covers all newspapers, PIB, government reports etc. Are you still spending hours in reading newspapers and making notes? Even amendments made to the Constitution under Article 368 will not automatically apply to J&K as it requires specific order to be made under Article 370. Most of the well to do people of the valley were summoned by the Abid Ali Governor Abdullah Khan to his palace, and ordered to surrender all their wealth on pain of death. When asked clarification about the ex-prime minister (in those days, it was called so) of Kashmir, Bakshi Ghulam Mohammed saying Article-370 of the Constitution to be a permanent provision and Kashmir's destiny is tied up with it, he ( Pandit Nehru) said his own statement (suggesting erosion Article 370 with the passage of time) was to be . Provision as regards the decision affecting the disposition of the State of J&K. Shall promote and protect all human rights and fundamental freedoms. InsightsIAS has redefined, revolutionised and simplified the way aspirants prepare for UPSC Civil Services Exam. The reaction from the public would be uncontrollable as it is. Other such aids that the State government might provide. This step will help in integrating the Jammu & Kashmir region with the rest of India. Thus Article 35A is considered to be violating Article 14 of the constitution which provides for equality before the law and equal protection of the laws, thus affecting the basic structure of the constitution. ForumIAS is India's leading Online website for UPSC IAS Exam Online Preparation and guidance. Get latest News Information, Articles on India Vs Australia Womens T20i Series 2022 Schedule Pdf Updated on August 07, 2019 09:24 with exclusive Pictures, photos & videos on India Vs Australia Womens T20i Series 2022 Schedule Pdf at Latestly.com - Page 1383 MYUPSC has also published its Ebooks/ PDF on . On a question over the impact of this constitutional change on the Pakistani side territory, the Indian home minister reiterated Indias claim to the whole of Kashmir. Making it a Union Territory with a legislature makes a lot of strategic sense. Special Rights and Privileges are given in the following four categories: Employment under the state government/State Public Sector Jobs, Acquisition of immovable property in the state, Right to scholarships and such other forms of aid as the state government may provide, In Africa and Asia, there are countless territorial conflicts. In addition, the J&K dispute has been discussed at least three times at the UN Security Council, which had not touched the issue since 1971. These emphasize: respect for each others territorial integrity and sovereignty; non-interference in each others internal affairs; respect for each others unity, political independence; sovereign equality; and abjuring hostile propaganda. Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India. GS SCORE: Abrogation of Article 370 upsc mains exam. Most of the Dogras are Hindus, some are Muslims and some are Sikhs. From 1846 to 1949, four Dogra kingdoms are ruled in J&K. Description: Article 370 of the Indian constitution was the lynchpin that held India and J & K together. During the period of Mughal rule from 1587 to 1752, the people enjoyed peace and order. Amit Shah. The widespread belief is that mediation favours the weaker party by levelling the playing field, and with its stronger conventional and non-conventional military prowess, India has seen no significant gain from bringing a third-party into its 70-year-old conflict with Pakistan. There will be more transparency and accountability in the administration. Indian troops landed at Srinagar airport in Kashmir and secured the airport before proceeding to evict the invaders from the Kashmir Valley. Under the Simla Agreement both countries undertook to abjure conflict and confrontation which had marred relations in the past, and to work towards the establishment of durable peace, friendship and cooperation. It would promote gender equality and end discrimination against marginalised communities like the Scheduled Castes (SC) and Scheduled Tribes (ST) in J&K. Women will enjoy greater rights as all the laws made at the centre will be implemented without any hindrance. According to the Agreement signed in 1972 by Indira Gandhi and by then President Bhutto, the two countries resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. 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