PM marks 5 years of abrogation of Articles 370 and 35(A)
Context:
On August 5, 2024, Prime Minister Narendra Modi marked the five-year anniversary of the abrogation of Articles 370 and 35(A) of the Indian Constitution.
- These articles had granted special autonomy to Jammu and Kashmir. The abrogation aimed to integrate Jammu and Kashmir and Ladakh fully into India, promising progress and prosperity for the regions.
Relevance:
GS-02 (Indian Polity)
Key Highlights:
- Historical Decision: Prime Minister Modi described the abrogation of Articles 370 and 35(A) as a watershed moment in India’s history, initiating a new era of progress for Jammu and Kashmir and Ladakh.
- Constitutional Implementation: The abrogation ensured the full implementation of the Indian Constitution in Jammu and Kashmir and Ladakh, aligning with the vision of the nation’s founding figures.
- Enhanced Opportunities: The move brought security, dignity, and opportunities for women, youth, backward classes, tribal communities, and marginalized groups in the regions, who had previously been deprived of development benefits.
- Anti-Corruption Measures: The abrogation aimed to eliminate the corruption that had plagued Jammu and Kashmir for decades, promoting transparency and good governance.
- Government Commitment: Prime Minister Modi reaffirmed the government’s dedication to working for the aspirations of the people in Jammu and Kashmir and Ladakh, promising continued efforts to fulfill their needs and aspirations.
About Article 370:
- Part of the Constitution: Article 370 is the first article in Part XXI of the Indian Constitution, titled ‘Temporary, Transitional, and Special Provisions’.
- Special Autonomy for J&K: It exempted Jammu and Kashmir (J&K) from the application of the Indian Constitution (except for Articles 1 and 370) and allowed the state to have its own Constitution.
- Legislative Restrictions: It limited the Indian Parliament’s legislative powers concerning J&K, requiring mere “consultation” with the state government for extending central laws on subjects listed in the Instrument of Accession (IoA).
Timeline:
Abrogation of Article 370:
- Revocation Date: On August 5, 2019, the Indian government revoked nearly all provisions of Article 370.
- Presidential Order: On the same day, the President issued The Constitution (Application to Jammu And Kashmir) Order, 2019.
- Key Change: This order replaced the term ‘Constituent Assembly’ in Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir]’.
- Amendment Mechanism: It technically amended the interpretation clause Article 367, using Article 370(1) to do so, rather than directly amending Article 370 itself.
- Statutory Resolution: A Statutory Resolution was introduced in the Rajya Sabha to abrogate most of Article 370.
- President’s Rule: This action did not require the concurrence of the Jammu & Kashmir Legislative Assembly as the state was under President’s rule at the time.
- Reorganisation Bill: On August 6, 2019, Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019.
- Bifurcation: The bill bifurcated the state into two Union Territories: Jammu & Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly).
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