Please give me speech on article 370
Answers
Answer:
20 thank +follow=Follow back....Kindly mark this answer as brainliest plz...
Explanation:
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. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
History of Article 370
The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed prime minister of Jammu & Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted 'iron clad autonomy' for the state, which Centre didn't comply with.
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. As a result of this provision, 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 an 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.
The validity of Article 370 has been questioned time and again. Can it be debated on the floor of the Parliament? Well, yes. Experts have said that it is temporary in nature and avenues to change it are yet to be explored by lawmakers. Constitution expert and former Secretary General of the Lok Sabha Subhash Kashyap, said this Article is not barred from a debate on the floor of the Parliament. "Article 370 under the Constitution has been ascribed as a temporary provision and not a special provision. There are provisions in the Constitution - temporary, transitional and special. Temporary is the weakest. The question is - how can be it ended and when shall be ended," Kashyap told news agency IANS.
However, legal experts point out that removing Article 370 comes with riders. "There are practical problems in removing Article 370. There are a number of presidential orders issued under Article 370 extending a number of statutes and other provisions applicable in other parts of the country to J & K. If 370 go without any alternative, it will create practical difficulties", said Kumar Mihir, Advocate on Record in Supreme Cour
Explanation:
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent which was administered by India as a state from 1954 to 31 October 2019 and a part of the larger region of Kashmir which has been the subject of dispute between India, Pakistan and China since 1947,[1][2] conferring it with the power to have a separate constitution, a state flag and autonomy over the internal administration of the state.[3][4]
The article was drafted in Part XXI of the Constitution titled "Temporary, Transitional and Special Provisions".[5] The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether. After consultation with the state's Constituent Assembly, the 1954 Presidential Order was issued, specifying the articles of the Indian constitution that applied to the state. Since the Constituent Assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.[6][7]
This article, along with Article 35A, defined that the Jammu and Kashmir state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to residents of other Indian states.[8] As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir.[9]
On 5 August 2019, the Government of India issued a constitutional order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir based on the resolution passed in both houses of India's parliament with 2/3 majority.[10][11][12][13] Following the resolutions passed in both houses of the parliament, he issued a further order on 6 August declaring all the clauses of Article 370 except clause 1 to be inoperative.[14]
In addition, the Jammu and Kashmir Reorganisation Act, 2019 was passed by the parliament, enacting the division of the state of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh.[15][16][17] The reorganisation took place on 31 October 2019.