Which of the following articles of the Indian constitution gives temp...
Article 370 of the Indian Constitution
Introduction
Article 370 of the Indian Constitution grants temporary, transitional, and special provisions to the state of Jammu and Kashmir. It was inserted into the Constitution in 1949 to provide autonomy to the state and regulate its relationship with the central government. Let's delve deeper into the details of Article 370 and its significance.
Temporary and Transitional Provisions
- Article 370(1) states that the provisions of the Indian Constitution are applicable to the state of Jammu and Kashmir with certain exceptions and modifications.
- The President of India, with the concurrence of the state government, has the power to extend provisions of the Constitution to the state, except for matters related to defense, foreign affairs, finance, and communication.
- This provision is considered temporary because it was intended to be a temporary measure to allow the state to gradually integrate with the rest of India. However, it has remained in force for several decades.
Special Provisions
- Article 370(1)(d) empowers the President to make certain special provisions for Jammu and Kashmir, including the creation of separate laws and regulations for the state.
- The state of Jammu and Kashmir has its own constitution, flag, and administrative machinery, which distinguishes it from other states of India.
- As per Article 370, the central government's jurisdiction over the state is limited to defense, foreign affairs, and communication.
Autonomy and Legislative Powers
- Under Article 370(3), the President has the power to declare that the Article ceases to be operative or applies with exceptions and modifications. However, such a declaration can only be made with the recommendation of the Constituent Assembly of Jammu and Kashmir.
- The Constituent Assembly of Jammu and Kashmir was dissolved in 1957, and since then, no recommendation has been made regarding the revocation of Article 370.
- This has resulted in the continuation of the special status and autonomy of Jammu and Kashmir.
Conclusion
Article 370 provides temporary, transitional, and special provisions to the state of Jammu and Kashmir. It grants the state a certain degree of autonomy and allows for separate laws and regulations. However, the future of Article 370 remains a topic of debate and discussion, as some argue for its revocation while others advocate for its preservation.
Which of the following articles of the Indian constitution gives temp...
Article 370 of Indian constitution gives temporary, transitional and special provisions to Jammu and Kashmir.
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