Question

Benefits of article 370 to jammu and kashmir

Answer 1

sorry dont know.......

Answer 2

Article 370 of the Constitution is the current bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India. With its abrogation being an avowed policy of the Bharatiya Janata Party, the J&K High Court’s recent observation that the provision has acquired a state of permanence may cause some disquiet in the party and the government. However, >the High Court’s commentshould be seen in the limited context in which it was made. Its remark that Article 370 is beyond amendment, repeal or abrogation flows from an analysis of the question whether the section had become inoperative after the State’s Constituent Assembly framed its Constitution, and then the Assembly itself ceased to exist. In fact, the question whether its temporary provisions had acquired permanence was not before the court; nor was the court hearing a challenge to the validity of the Article per se. It was dealing with the validity of reservation in promotions among government employees in J&K. Ultimately, it struck down the provision for quotas in promotions on the ground that clause 4A of Article 16, introduced by the Constitution (77th) Amendment to protect reservation in promotions, was not applicable to J&K. This is because there is no Presidential Order making the new clause applicable to the State. One of the features of Article 370 is that a Constitution amendment becomes applicable to J&K only after the President issues an order. Without the protection of the clause, there is no scope for reservation in promotions, as the Supreme Court had barred such quotas in Indra Sawhney.