4-Feb-2020:  Pakistan Parliament passes resolution asking India to revoke its decision on Kashmir

Pakistan’s Parliament has unanimously passed a resolution expressing unflinching and unwavering support to the Kashmiri people and demanding India to reverse its decision to revoke the special status of Jammu and Kashmir.

The National Assembly or lower house passed the resolution on the eve of what Pakistan observes as the Kashmir Solidarity Day on February 5 annually.

Tensions between India and Pakistan have spiked since India abrogated Article 370 of the Constitution to revoke the special status of Jammu and Kashmir.

India’s decision evoked strong reactions from Pakistan, which downgraded diplomatic ties and expelled the Indian envoy. India has categorically told the international community that its move to scrap Article 370 of the Constitution revoking the special status of J&K was an internal matter and has also advised Pakistan to accept the reality.

18-Jul-2017: Centre seeks debate in SC on J&K special status

The Centre has asked the Supreme Court to debate on the special status granted to the State of Jammu and Kashmir, saying it was both a sensitive and constitutional matter. The court agreed to schedule the case before a three-judge Bench.

The centre’s response came on a PIL plea filed by a Delhi-based NGO, We the Citizens, contending that the J&K government, given the State’s special autonomous status under Articles 35A and 370, was discriminatory against non-residents as far as government jobs and real estate purchases were concerned.

Jammu and Kashmir High Court had previously ruled that Article 370 assumed a place of permanence in the Constitution and the feature was beyond amendment, repeal or abrogation. The court said Article 35A gave “protection” to existing laws in force in the State. It also observed that the President under Article 370 (1) was conferred with power to extend any provision of the Constitution to the State with such “exceptions and modifications” as may be deemed fit subject to consultation or concurrence with the State government. The High Court said J&K, while acceding to the Dominion of India, retained limited sovereignty and did not merge with it.

Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws. Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

Indian citizens from other states cannot purchase land or property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.