S

IMPORTANT DECISIONS ON KASHMIR TAKEN BY CENTRAL

GOVERNMENT

By
SIDDHANT AGNIHOTRI
B.Sc (Silver Medalist)
M.Sc (Applied Physics)
Facebook: sid_Econnect
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STUDY IQ
SECMOL
 IMPORTANT DECISIONS
• Home Minister Amit Shah has announced in Rajya
Sabha that the government has decided to repeal
Article 370 of the Constitution which grants special
status to J&K.

• The government has also decided to bifurcate the

state into two Union territories – Jammu and
Kashmir, which will have a legislature, and Ladakh,
which will be without a legislature.
 PRESENT CONDITION
• Back in the Valley, three of Jammu and Kashmir's most
prominent politicians — Mehbooba Mufti, Omar
Abdullah and Sajjad Lone are under house arrest amid
a massive security-built up in the state.

• 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.

• As per the order, there will be no movement of public

and all educational institutions shall also remain closed.
There will be a complete bar on holding any kind of
public meetings or rallies during the period of operation
of this order.
 ARTICLE 370
• The order, which has been signed by President Ram
Nath Kovind, comes into force immediately.

• Article 370 has been the bone of contention between

the state’s politicians and the BJP. The controversial
article deals with special powers conferred upon the
state of Jammu & Kashmir.
• It allows the state constituent Assembly to make its own
Constitution, thereby giving it an autonomous state
power.
• Apart from the autonomy, Article 370 also lends other
powers such as the need of concurrence of the state
government if the central government plans to make
amendments to the concurrent list of subjects.
 PROVISIONS
• It exempted the State from the complete applicability of the
Constitution of India. The State was allowed to have its own
Constitution.
• Central legislative powers over the State were limited, at the
time of framing, to the three subjects of defence, foreign affairs
and communications.
• Other constitutional powers of the Central Government could be
extended to the State only with the concurrence of the State
Government.
• The 'concurrence' was only provisional. It had to be ratified by the
State's Constituent Assembly.
• The State Government's authority to give 'concurrence' lasted only
until the State Constituent Assembly was convened. Once the State
Constituent Assembly finalised the scheme of powers and
dispersed, no further extension of powers was possible.
• The Article 370 could be abrogated or amended only upon the
recommendation of the State's Constituent Assembly.
 IN SHORT
• DUAL CITIZENSHIP

• OWN FLAG

• LEGISLATIVE ASSEMBLY TERM IS 6 YEARS

• ORDERS OF SUPREME COURT ARE NOT VALID

• PARLIAMENT”S LAWS ARE LIMITED.

• GENDER BIAS

• OUTSIDERS CANT OWN LAND

 REVOKED

• Article 370 be revoked unilaterally? Clause 3 of Article

370 is clear. The President may, by public notification,
declare that this Article shall cease to be operative but
only on the recommendation of the Constituent
Assembly of the State.
• In other words, Article 370 can be revoked only if a new
Constituent Assembly of Jammu and Kashmir is
convened and is willing to recommend its revocation. Of
course, Parliament has the power to amend the
Constitution to change this provision. But this could be
subject to a judicial review which may find that this
clause is a basic feature of the relationship between the
State and the Centre and cannot, therefore, be
amended".
STUDY IQ