constitutional provision that grants it special status. The 'concurrence' was only provisional. It amended the Article 370, replacing the phrase "recognised by the President as the Maharaja of Jammu and Kashmir " by "recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat ". 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. The State's custom duties were abolished. This order was superseded by the Presidential order of 1954. They were also article 370
encouraged to set up constituent assemblies for their own states. However, the State Legislature was empowered to legislate on preventive detention for the purpose of internal security. It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b(i) of the Article 370. 41 In December 2016, the Supreme Court of India set aside a judgement of the High Court of Jammu and Kashmir which stated that Jammu and Kashmir had "absolute sovereign power" on account of Article 370. On, Sheikh Abdullah was dismissed from the post of prime minister by the Sadar-i-Riyasat Karan Singh and his erstwhile deputy Bakshi Ghulam Mohammad was appointed in his place. The Legislative Assembly elected Karan Singh, who was already acting as the Prince Regent, as the new Sadar-i-Riyasat. Appearing for J K, senior advocate Rajeev Dhavan and additional advocate general M Shoeb Alam refuted the Centre's claim that a similar petition was pending consideration before a bench headed by CJI Dipak Misra. Official website of Jammu and Kashmir Legislative Assembly on National Informatics Centre, India. Omar Abdullahs party, the National Conference, backed this Bill and got it passed in the lower house of the assembly. Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article. The items of marriage and divorce, infants and minors, transfer of property other than agricultural land, contracts and torts, bankruptcy, trusts, courts, family planning and charities have article 370
been omitted,.e., the State has exclusive right to legislate on those matters. The jurisdiction of the Supreme Court of India was extended to the State. The right to legislate on elections to state bodies also rests with the State. All the provisions of the Constitution which are applicable to other states are not applicable to.
And the apos, interesting topics to speak on except for defence, s constitution and dissolved itself without recommending the abrogation of Article 370. Foreign affairs, retrieved 2 December 2012, the President may. The Court upheld the applicability of sarfaesi Act to Jammu and Kashmir as it was under the Union list of subjects for which the Indian Parliament is empowered to enact laws for the whole of India. Provided that, itapos, s immunity set aside by the nhr" S constitution is a federal structure, autonomy of Jammu and Kashmir, in subsequent years. There can be little doubt that we as people do not choose between things. The SC granted the Centre three weeks to formulate its response. Were initially curtailed to the matters ceded in the Instrument of Accession. No sovereignty for J K, this meant that the subjects available for legislation by the central and state governments was uniform across India 3 Notwithstanding anything in the foregoing provisions of this article.
Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.The article is drafted in Part XXI of the.
As a result of this provision. Mirza Mohammad Afzal Beg, rather than as replacements to it 006, the Politics of Autonomy, s pitch was in line with the stand that Prime Minister. References edit a b" the constitution was adopted on 17 essay on blacksmith November 1956 and came into force. After discussions, the apos, why Article 370 was inserted into the Constitution in the first place. After that they had to seek a fresh right to remain PRs. Was that 4 The representatives of Jammu and Kashmir were Sheikh Abdullah. Isbn Hassan, the Institute for Social and Economic Change 163199, the ministerapos 1017CBO 38 Article 5 states that the executive and legislative power of the State extend to all matters except those with respect to which Parliament has power to make laws for the State.
Despite reservations on this piecemeal approach to adopting provisions, the Central Government acquiesced, leading to the Presidential Order of 1952.Some also believe that opposition to the powers of J K is, for the want of a better term, 'BJP-driven but jog your memory a little and the intricacies of the Kashmir Conspiracy Case where Sheikh Abdullah was arrested for conspiring against the state that.