Immediately after presenting the 2019 Presidential Decree to the Rajya Sabha, Home Minister Amit Shah introduced a resolution recommending that the President issue an order under Article 370(3) that prevails over all clauses of Article 370. [92] [11] Following the adoption of the resolution by both houses of parliament on August 6, 2019, the President issued Constitutional Decree 273, replacing the current text of Article 370 with the following:[14][93] The rights and privileges of permanent residents are set out in Part III of the 1956 Constitution of Jammu and Kashmir. Supporters of the article say it aims to preserve the identity and demographic composition of the Muslim-majority state. The ruling national bharatiya Janata Party (BJP) has vowed to revoke the article as part of its election campaign, declaring that it will “fully integrate” the state, with demographic change seen as a way to end the conflict within the state. The party also believes that the article hinders the economic development of the state. In the case of Jammu and Kashmir, representatives of the Constituent Assembly[19] demanded that only those provisions of the Indian Constitution that corresponded to the original instrument of accession be applied to the state and that the state Constituent Assembly, once formed, decide on other matters. The Government of India accepted the requests shortly before the above-mentioned meeting with the other states. [Note 1] As a result, Article 370 was incorporated into the Indian Constitution, which stipulated that other articles of the Constitution that gave powers to the central government should only be applied to Jammu and Kashmir with the consent of the State Constituent Assembly. This is a “temporary provision” since its applicability should apply until the state constitution is formulated and adopted.

[21] However, the State Constituent Assembly dissolved on January 25, 1957 without recommending the repeal or amendment of Article 370. Thus, the article was considered an integral part of the Indian Constitution, as confirmed by various judgments of the Supreme Court of India and the Supreme Court of Jammu and Kashmir, the last of which was in April 2018. [22] [23] [24] [7] According to the BBC, the police witnessed their decisions after friday, September 9 prayers. August 2019 Gunfire opened and tear gas was used to disperse a crowd in Srinagar. This testimony contradicts the Indian government`s statement that the “protest never took place.” [273] On August 11, jammu and Kashmir Police Department Chief Executive Dilbag Singh told Reuters: “Between 1,000 and 1,500 people returned from prayer in mosques on Friday when `some bad guys` started throwing stones at security guards,” and in response to the stone-throwing, cartridges of pump guns were fired, injuring some people. [274] According to Reuters, hundreds of people demonstrated in Srinagar on August 11 after authorities eased restrictions in the city over the weekend so that people could buy food and medicine and prepare for the Islamic holiday of Eid al-Adha. [275] Thirty-eight issues in the EU list were identified as issues on which the EU legislature could legislate for the state. Some articles of ten of the twenty-two parts of the Indian Constitution have been extended to Jammu and Kashmir, with amendments and exceptions agreed by the state government.

[35] On May 26, 2008, the Government of India and the Government of the State of Jammu and Kashmir agreed to transfer 100 acres (0.40 km2) of forest land to the Shri Amarnathji Shrine Board (SASB) to establish temporary shelter and facilities for Hindu pilgrims. [81] Kashmiri separatists opposed this decision, citing reasons why it would jeopardize Article 370, which gives the people of Jammu and Kashmir a distinct identity and prevents an Indian citizen from settling in Kashmir. The people of Kashmir have staged widespread protests against this decision by the Indian government. [82] Following the protests, the J&K state government relented and reversed the decision to transfer land. As a result, Hindus in the Jammu region launched counter-operations against this retreat. The original draft was submitted by the government of J&K. After amendments and negotiations, Article 306A (now 370) was adopted by the Constituent Assembly on 27 May 1949. Ayyangar raised the motion, saying that although India`s membership is complete, she had proposed holding a referendum if the conditions were created, and if membership was not ratified, “we will not oppose the separation of Kashmir from India.” On the 17th.

In October 1949, when Article 370 was finally incorporated into the Constitution by the Indian Constituent Assembly, Ayyangar reaffirmed India`s commitment to a plebiscite and the drafting of a separate constitution by the J&K Constituent Assembly. Article 370 of the Indian Constitution gave Jammu and Kashmir a special status – a state in India located in the northern part of the Indian subcontinent, and part of the greater Kashmir region, which has been the subject of disputes between India, Pakistan and China. [1] [2] The article gave Jammu and Kashmir the power to have a separate constitution, a state flag and autonomy over the internal administration of the state. [17] [18] The Constituent Assembly of Jammu and Kashmir was empowered after its establishment to recommend the articles of the Indian Constitution that should be applied to the state or to repeal Article 370 altogether. After consultation with the State Constituent Assembly, the Presidential Order of 1954 was issued, which established the articles of the Indian Constitution that applied to the State. The Constituent Assembly dissolved without recommending the repeal of Article 370, the Article was considered a permanent part of the Indian Constitution. [19] This article, along with article 35A, defined that residents of the state of Jammu and Kashmir live under a separate set of laws compared to residents of other Indian states, including those relating to citizenship, property ownership and fundamental rights. [20] According to media reports, the Supreme Court of India is hearing fourteen public interest motions on Jammu and Kashmir. Some of the petitions concern the challenge to the repeal of Article 370 and the special status of Jammu and Kashmir.

The court is also hearing a series of motions “calling for an end to the restrictions on movement and communication imposed in the Kashmir Valley.” On August 28, 2019, the Supreme Court of India said a five-member bank would hear motions filed to challenge the validity of the government`s decision to revoke the special status granted to Jammu and Kashmir under Article 370. Explanation [1950 text]: For the purposes of this article, the State Government shall designate the person currently recognized by the President as Maharaja of Jammu and Kashmir, acting on the advice of the Council of Ministers currently in office in accordance with the Maharaja`s Proclamation of the Fifth March 1948; The Presidential Order, 1950, officially the Constitution (Application in Jammu and Kashmir) Order 1950, came into force on 26 January 1950, at the same time as the Indian Constitution. It specified the themes and articles of the Indian Constitution that corresponded to the instrument of accession under clause (b) (i) of Article 370. [35] [36] The article, which came into force in 1949, exempts the state of Jammu and Kashmir from the Indian Constitution. Article 370 of the Indian Constitution is described as a “temporary provision” granting the state of Jammu and Kashmir special autonomous status within the Indian Union. In accordance with Article 370(1)(b), the Parliament of the Union may legislate for the State only `in consultation with the State Government` in certain matters provided for in the Instrument of Accession, namely defence, foreign affairs and communications. Other issues on the legislative lists can only apply to Jammu and Kashmir with the “consent of the state government” by a presidential decree. Article 370, paragraph 1 (d), provides that other constitutional provisions may be applied to the State from time to time, “subject to such modifications or exceptions” made by the President of India, including by order of the President, provided that they do not fall within the scope of the above-mentioned matters and except with the consent of the State Government. According to the 1954 Ordinance, between 11 February 1956 and 19 February 1956. In February 1994, forty-seven presidential decrees were issued which made various other provisions of the Indian Constitution applicable to Jammu and Kashmir. All these orders were issued with the “consent of the state government” without a constituent assembly.

[35] [36] Some of these presidential orders were issued when the state was under the rule of the president and had “no Kashmir government,” says Jill Cottrell. [37] Presidential orders issued between 1954 and 1994 resulted in the extension of 94 of the 97 issues of the Union List (the powers of the central government) and 260 of the 395 articles of the Indian Constitution to the state of Jammu and Kashmir. [38] Arjun Sharma, a well-known freelance journalist from Jammu, wrote in his article that while Ladakh rejoiced at the UT status it had received after the disintegration of J&K, Jammu was wary of whether the perceived discrimination against Jammu would end or not.