This Article is From Aug 05, 2019

Special Status For Jammu And Kashmir Scrapped: 5 Points About Article 370

Jammu and Kashmir will also be "reorganised," said Home Minister Amit Shah as talk builds of the state being trifurcated into three distinct areas - Jammu, Kashmir and Ladakh

Special Status For Jammu And Kashmir Scrapped: 5 Points About Article 370

Article 370 Jammu Kashmir: Home Minister Amit Shah said in Rajya Sabha this Article would be scrapped


  • Article 370 that gives special status to J&K to be scrapped: Amit Shah
  • Article 370 allows Jammu and Kashmir to draft its own Constitution
  • Centre therefore needs approval from the J&K government for all laws
New Delhi: Kashmir Article 370: This article of the Constitution, which grants special status to Jammu and Kashmir, has been removed, Home Minister Amit Shah said in parliament today, adding that President Ram Nath Kovind had signed an order that would come into force "at once". The announcement came after Prime Minister Narendra Modi held a meeting of his cabinet at his house this morning. Jammu and Kashmir will also be "reorganised," said the Home Minister, with the state's bifurcation into two union territories, Jammu and Kashmir and Ladakh. Amid massive protests by the opposition in parliament and parties in Jammu and Kashmir, the centre has moved 8,000 paramilitary troops from different parts of the country to Kashmir, sources said.

Here are five points to know about Article 370:

  1. As per the Constitution, Article 370 is a "temporary provision" granting special autonomous status to Jammu and Kashmir, including allowing it its own constitution and flag.

  2. Under Article 370, only Article 1 (and Article 370 itself) of the Constitution applies to Jammu and Kashmir, meaning the centre's ability to frame and enact laws affecting the state is limited.

  3. The centre needs state approval to pass legislation on any subject, with the exception of a those in subjects like Defence and External Affairs.

  4. Contained within Article 370 is Article 35A, which allows the state to define who it acknowledges as permanent residents and confers special rights, such as government jobs and owning property in the state.

  5. Under Article 370, the centre can only declare an emergency in the state in case of war or external aggression; this rules out doing so for internal disturbances, unless made specifically at the request of the state government.

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