3-Feb-2021: Impact of Abrogation of Article 370 On J&K
After the constitutional changes and reorganization of the erstwhile State of Jammu-Kashmir, the Union territories of Jammu-Kashmir and Ladakh have been fully integrated into the mainstream of the nation. As a result, all the rights enshrined in the Constitution of India and benefits of all the Central Laws that were being enjoyed by other citizens of the country are now available to the people of Jammu-Kashmir and Ladakh.
The change has brought about socio-economic development in both the new UT’s i.e. UT of Jammu-Kashmir and the UT of Ladakh. Empowerment of people, removal of unjust Laws, bringing in equity and fairness to those discriminated since ages who are now getting their due along with comprehensive development are few of the important changes that are ushering both the new Union Territories towards the path of peace and progress.
With the conduct of elections of Panchayati Raj Institutions such as Panches and Sarpanches, Block Development Councils and District Development Councils, the 3-tier system of grassroot level democracy has now been established in Jammu and Kashmir.
26-Nov-2018: SC refuses to entertain fresh plea against Article 370
The Supreme Court refused to entertain a fresh petition on Article 370, which gives special autonomous status to Jammu and Kashmir, and said that the issues raised in it were already part of the pending pleas.
A bench comprising Chief Justice Ranjan Gogoi and Justice Ajay Rastogi asked the petitioner to file an application for implead in the pending matters. During the brief hearing, the bench asked the petitioner as to why he wanted to increase the number of petitions on the issue. "We have heard the petitioner. The issues raised in the petition are part of the petitions pending," said the bench.
The petition filed by advocate Vijay Mishra and Sandeep Lamba has sought a declaration that Article 370 of the Constitution had lapsed with the dissolution of constituent assembly of Jammu and Kashmir on January 26, 1957 and it cannot be treated as mandatory for exercise of powers of the President.
The plea has also sought that the Constitution of Jammu and Kashmir be declared as "arbitrary, unconstitutional and void", claiming that it was against the supremacy of the Indian Constitution and contrary to the dictum of "One Nation, One Constitution, One National Anthem and One National Flag".
It has sought declaring as arbitrary some provisions of the Jammu and Kashmir Constitution, which deals with permanent residency and flag of the valley among other issues, for being violative of the Preamble and the Indian Constitution.
The petition has said that continuance of two parallel constitutions, one for the Centre and other for the state of Jammu and Kashmir, "reeks of a weird dichotomy" as most of the provisions of the Indian Constitution has already been extended to the state.
It has alleged that due to vote bank politics, successive governments did nothing to repeal Article 370 and Constitution of Jammu and Kashmir was adopted much after the Indian Constitution came into force.
It also added that the instrument of accession of October 26, 1947 does not talk about separate Constitution or constituent assembly for the state.
Article 370 in The Constitution Of India 1949
370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution,
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948;
(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification.