Decoding Article 370 and 35(A)
Whats is Article 370 ?
Article 370, included in the Constitution on October 17, 1949, exempted J &K from the Indian Constitution (except Article 1 and Article 370 itself) and permitted the state to draft its own, thereby giving it an “autonomous state” power. Except for Defence, Foreign Affairs, Communications, and issues specified in the Instrument of Accession (IoA), the Indian Parliament needed the State Government's concurrence for applying all other laws. A number of other states enjoy Special status under Article 371 from 371A to 371I.
Was Article 370 a temporary provision? Article 370 is the first article of Part XXI of the Constitution, whose heading is ‘Temporary, Transitional and Special Provisions’.
In India’s acceptance of the IOA, Lord Mountbatten had stated that as soon as law and order would be restored in Kashmir, the question of “the State’s accession be settled by a reference to the peOple.” In 2018, the Supreme Court said that despite the headnote reading “temporary”, Article 370 is not temporary.
Key Highlights of the Reorganisation Bill
The Centre revoked Article 370 and 35(A) today, through a Presidential Order.
All provisions of the Indian Constitution shall now be applicable to J &K.
Home Minister Amit Shah also moved a Bill to bifurcate the state into two union territories proposing J &K to be a UT with a state legislature and Ladakh as a UT without legislature.