Article 370 and 35A in Urdu

In the case of Jammu and Kashmir, representatives of the Constituent Assembly[19] demanded that only those provisions of the Indian Constitution that corresponded to the original instrument of accession be applied to the state and that the state Constituent Assembly, once formed, decide on other matters. The Government of India accepted the requests shortly before the above-mentioned meeting with the other states. [Note 1] As a result, Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution, which granted powers to the central government, would be applied to Jammu and Kashmir only with the consent of the State Constituent Assembly. This was a “temporary provision” because its applicability was to last until the formulation and adoption of the State constitution. [21] However, the State Constituent Assembly dissolved on September 25. January 1957 without recommending the repeal or amendment of Section 370. Thus, it has been assumed that the article has become a permanent part of the Indian Constitution, as confirmed by various judgments of the Supreme Court of India and the Supreme Court of Jammu and Kashmir, the last of which dates back to April 2018. [22] [23] [24] [7] Article 35A, which flows from Article 370, was introduced in 1954 by a presidential decree. This article authorizes the legislature of occupied Kashmir to define permanent residents of the state and their special rights and privileges.

Thirty-eight issues in the EU list were mentioned as issues on which the EU legislature could legislate for the State. Some articles of ten of the twenty-two parts of the Indian Constitution have been extended to Jammu and Kashmir, with amendments and exceptions agreed by the state government. [35] In this first Presidential Decree under Article 370, “235 articles of the Indian Constitution were not applicable to the State of Jammu and Kashmir, 9 were partially applicable and 29 were applicable in an amended form.” [36] The article allows the local legislature of Indian-administered Kashmir to define permanent residents of the region. Immediately after Home Minister Amit Shah submitted the 2019 presidential decree to the Rajya Sabha, he introduced a resolution recommending that the president issue an order under Article 370(3) invalidating all clauses of Article 370. [92] [11] Following the adoption of the resolution by both Houses of Parliament, the President adopted Constitutional Decree 273 on August 6, 2019, replacing the current text of Article 370 with the following:[14][93] On August 26, 2019, the President adopted Constitutional Decree 273, replacing the existing text of Article 370 with the following: [14] [93] On August 26, 2019, the President adopted the following resolution. [ 92] [92] Following the adoption of the resolution by both Houses of Parliament, the President adopted Constitutional Decree 273 on August 6, 2019. In May 2008, the Government of India and the Government of Jammu and Kashmir agreed to transfer 100 acres (0.40 km2) of forest land to the Shri Amarnathji Shrine Council (SASB) to provide temporary accommodation. and facilities for Hindu pilgrims. [81] Kashmiri separatists rejected this decision, arguing 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 widely protested against this decision by the Indian government. [82] Following the protests, the J&K state government relented and reversed the decision to transfer land. As a result, Hindus in the Jammu region launched counter-agitations against this withdrawal. The 2019 Presidential Order also added clause (4) with four sub-clauses to Article 367 under “Interpretations”. The phrase “Sadar-i-Riyasat acts on the assistance and advice of the Council of Ministers” is to be understood as “Governor of Jammu and Kashmir”. The term “state government” includes the governor. Subject to article 370, paragraph 3, of the Constitution, the expression “Constituent Assembly of the State within the meaning of paragraph 2” is “Legislative Assembly of the State”. [11] [Note 9] According to Jill Cottrell, some of the President`s section 370 orders have been issued in similar circumstances since 1954, when the state was under the President`s rule. In these circumstances, union governments interpreted the “consent of the state government” to mean the governor.

[58] [Note 6] On August 5, 2019, Home Minister Amit Shah announced to the Rajya Sabha (Upper House of the Indian Parliament) that the President of India had amended the Constitution (Application to Jammu and Kashmir) (C.O. . . . ) Order, 2019.