What is Article 370 | Features of Article 370 & Who can remove it

About Article 370

About Article 370

According to, Article 1 of the Indian Constitution, the State of Jammu and Kashmir (J&K) is a constituent state of Indian Union and its territory forms a part of the territory of India.

Where Article 370 in Part XXI of the Constitution grants a  special status to it. So not all the provisions of the Constitution of India apply to it & being the only state in the Indian Union which has its own separate constitution.

But in the same Part (XXI) of the Constitution, twelve other states too enjoy special status but not as majorly as Jammu & Kashmir do.

About Article 370

  • It gives some autonomy to the state of Jammu & Kashmir to decide its internal matter.
  • The state government has the control on how it needs to govern the state.
  • Foreign Affairs, Finance and Communications & Defense are the area where Indian government’s law is applied for all other matters state makes the law.
  • Emergency in the State of J&K can be imposed only on the grounds of internal disturbances and imminent danger from a foreign country.
  • Financial emergency can’t be invoked in the State of J&K.
  • Indian Citizens belonging to other states cannot buy land in Jammu & Kashmir.

Who can remove Article 370

For removal of Article 370 there are some procedures which has to be followed. They are :

  • A new Constituent Assembly of Jammu and Kashmir has to be convened.
  • The new Constituent Assembly of Jammu and Kashmir should be willing to recommend its revocation.
  • Then on the recommendation of the Constituent Assembly of the State, the President by public notification, declares that Article 370 shall cease to be operative.

No doubt the element of Judicial review is there after this revocation.

 

PERMANENT RESIDENT Definition

The Jammu and Kashmir Constitution, which was adopted on November 17, 1956, defined a Permanent Resident (PR) of the state as a person who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state”.

The Jammu and Kashmir state legislature can alter the definition of PR through a law passed with two-thirds majority.

Read more about Article 35-A  related to Jammu & Kashmir by clicking here

 

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