Abolition of Article 370
However, on August 5, 2019, the Government of India, led by the Bharatiya Janata Party (BJP), revoked Article 370 through a presidential order, effectively stripping Jammu and Kashmir of its special status.
- This move was accompanied by the bifurcation of the state into two Union Territories: Jammu and Kashmir, and Ladakh. Prime Minister Narendra Modi and the ruling Bhartiya Janata Party rejected Article 370, and the proposal was included in the 2019 election agenda.
- The decision to abrogate Article 370 was met with both praise and criticism, with proponents arguing that it would integrate Jammu and Kashmir more fully into India and facilitate development, while critics viewed it as an erosion of the state’s autonomy and a violation of its unique identity.
- To put Kashmir on a level with the other Indian states and union territories, it was necessary to cancel it. It didn’t take long for the Modi administration to act on its election promise to remove Article 370 of the Indian Constitution after taking back the government.
- Article 370 was eventually removed on August 5, 2019. Jammu & Kashmir will operate under the Indian Constitution, much like all other states and union territories, and will not have its own constitution.
- All the Indian laws will apply to the Kashmiri people, and people who live in other states can now purchase property in Jammu and Kashmir.
Article 370 of the Constitution of India
Article 370 is a constitutional provision that offers special status to Jammu and Kashmir. The Constitution came into force on January 26, 1950. This unique provision was discussed in the constituent assembly of India after discussion in its drafting committee and, sometimes, in discussion in the Congress parliamentary party. The clause was added to the Constitution’s Temporary, Transitional, and Special Provisions section (Part XXI). It is clear from the part’s title that this was intended to be a temporary solution, and its use was expected to continue until the state’s constitution had been written and adopted.
Article 370 restricted the Parliament’s legislative powers to the state of J&K. The administration of Prime Minister Narendra Modi decided in 2019 to withdraw Kashmir’s special status, which granted it a certain degree of independence.
Table of Content
- What is Article 370?
- Historical Background of Article 370
- The Constitutional Significance of Article 370
- Constitutional Implication of Article 370
- Provisions of Article 370
- Abolition of Article 370
- Controversies and Criticism On The Abolition of Article 370
- Impact of Abolishing Article 370
- Conclusion- Article 370
- FAQs On Article 370