Article 370 is regularly in news. Which of the following given below s...
The Constitution of India made special provisions for 12 states in India. Part XXI and Part XXII of the Indian Constitution guarantees temporary, transitional and special provisions for the states of India. Article 371-A to 371-J deal with the Special Provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The reason for these provisions was to meet to the needs and aspirations of the backward regions of the states, to protect their culture and economic interests, to deal with local challenges and to protect their customary laws.
- Article 371 – Provision for Gujarat and Maharashtra · Article
- 371-D - Special Provisions for Andhra Pradesh
- Article 371-G - Provisions for Mizoram
- Article 371-H - Special provisions for Arunachal Pradesh
- Article 371-I - Special provision for Goa
- Article 370- special provision for Jammu and Kashmir.
View all questions of this test
Article 370 is regularly in news. Which of the following given below s...
Article 370 and its Special Provisions for Jammu and Kashmir
Article 370 of the Indian Constitution grants special autonomous status to the state of Jammu and Kashmir. It is a temporary provision that was included in the Constitution in 1949, and it outlines the relationship between the central government and the state of Jammu and Kashmir.
Explanation:
Background:
After India's independence in 1947, the princely states were given the choice to join either India or Pakistan. Jammu and Kashmir, being a Muslim-majority state ruled by a Hindu ruler, Maharaja Hari Singh, chose to remain independent. However, soon after, the state was invaded by Pakistani tribesmen, leading Maharaja Hari Singh to sign the Instrument of Accession with India. This accession was based on certain conditions that were later incorporated into Article 370 of the Indian Constitution.
Special Provisions:
The special provisions granted by Article 370 to Jammu and Kashmir are as follows:
1. The state of Jammu and Kashmir has its own constitution, which was adopted in 1956. This constitution defines the powers and functions of the state government, including the legislative, executive, and judicial branches.
2. Except for defense, foreign affairs, finance, and communications, the Indian Parliament requires the state government's concurrence to apply any other law. This means that laws passed by the Indian Parliament have limited jurisdiction in Jammu and Kashmir.
3. The President of India has the power to declare a state emergency in Jammu and Kashmir only in case of war or external aggression. In all other states, the President can declare an emergency in case of internal disturbance as well.
4. The provisions of Article 238, which allowed for the creation of new states and alteration of boundaries, do not apply to Jammu and Kashmir. This means that the state cannot be divided or its boundaries altered without the consent of the state government.
5. The Supreme Court's jurisdiction in Jammu and Kashmir is limited to matters of central importance or disputes between the state government and the central government.
Conclusion:
In conclusion, Article 370 grants special provisions to the state of Jammu and Kashmir, allowing it to have its own constitution and limited jurisdiction of the Indian Parliament. It also provides certain safeguards to protect the state's autonomy. Therefore, option B is correct - Article 370 provides special provisions for Jammu and Kashmir.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.