Was abrogation of article 370 legal?
Gefragt von: Denis Binder | Letzte Aktualisierung: 12. Dezember 2020sternezahl: 4.7/5 (6 sternebewertungen)
On 5th August, 2019, the President of India abrogated Article 370 of the Constitution of India, 1950, which provided for a special status to the state of Jammu & Kashmir (J&K) within the Indian constitutional and legal framework.
Is abrogation of Article 370 unconstitutional?
The constitutional scholar A. G. Noorani said that the Indian government's decision to abrogate Article 370 through controversial means was "utterly and palpably unconstitutional", even fraudulent. It is headed for a "showdown in India's Supreme Court".
Who has done the drafting of Article 370?
Ayyangar was the chief drafter of Article 370 which granted local autonomy to the state of Jammu and Kashmir.
Is Article 35 A scrapped?
On 5 August 2019, the Union Government revocated the special status granted to Jammu and Kashmir under the Article 370 through a Presidential Order, and made the entire Constitution of India applicable to the state. This implied that the Article 35A stood abolished.
What is Article 370 and Article 35a?
This article, along with Article 35A, defined that the Jammu and Kashmir state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to residents of other Indian states.
How Article 370 & 35a can be abrogated legally ? Mr. J Sai Deepak, Advocate, Supreme Court of India
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Under which article the Jammu and Kashmir state was accorded special status?
Article 370 of the Constitution of India is described as a “temporary provision” that grants the state of Jammu and Kashmir a special autonomous status within the Indian union.
Why do Pakistan want Kashmir?
The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir with Pakistan recognizing Chinese sovereignty over the Trans-Karakoram Tract and Aksai Chin since 1963.
What happens if a Kashmiri girl marries a Pakistani?
If a woman from J&K marries a foreigner, she loses her right to inherit, own or buy immovable property in the state; no such law affects a male in a similar situation. ... The court ruled that by marrying an outsider, a J&K woman did not lose her permanent-resident status.
Who framed the Constitution of Jammu and Kashmir?
Jammu & Kashmir National Conference won all the 75 seats under the leadership of Sheikh Abdullah. On 31 October 1951 he addressed the assembly for the first time and called on it to frame the states constitution and to give a 'reasoned conclusion regarding accession'.
Is Kashmir part of India now?
It is under Indian administration and was part of the state of Jammu and Kashmir until 2019. ... The Indo-Pakistani War of 1947 established the rough boundaries of today, with Pakistan holding roughly one-third of Kashmir, and India one-half, with a dividing line of control established by the United Nations.
How many states are there in India after 370?
There are 28 states and 8 Union territories in the country. Union Territories are administered by the President through an Administrator appointed by him/her. From the largest to the smallest, each State/ UT of India has a unique demography, history and culture, dress, festivals, language etc.
Why was Jammu and Kashmir union territory?
Indian citizens from other states were not allowed to purchase land or property in Jammu and Kashmir. ... At the same time, a reorganisation act was also passed, which would reconstitute the state into two union territories, Jammu and Kashmir and Ladakh. The reorganisation took effect from 31 October 2019.
Why Kashmir has its own flag?
Origins. Article 144 of the Constitution of Jammu and Kashmir, stated that flag of the state shall be rectangular 3:2 format. Its colour is red, which originally represented the blood of the martyrs of the 13 July 1931 demonstration, but later came to symbolise workers and labourers.
Why does J&K have two capitals?
Reason for having two capitals
But during winters Srinagar becomes geographically challenging due to the blockage of National Highways and landslides. Thus every year the capital is shifted to Jammu to make sure that the trade and business do not suffer.
Who made Samvidhan of India?
On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.
Can a Kashmiri get Pakistani citizenship?
The Pakistani Citizenship Act of 1951 allowed persons who were subjects of the state of Jammu and Kashmir to travel under a Pakistani passport and be considered a citizen of Pakistan without prejudice. ... The migrants are mostly illegal and are not given the citizenship, as they migrated after the separation.
Is Kashmir safe to visit now?
Despite most of the European countries and the US posting adverse travel advisories on Kashmir, the region continues to be a safe destination for foreign tourists. A National Crime Record Bureau report reveals that no case of crime against foreigners emerged in J&K during 2016, 2017 and 2018.
Is Passport required for Kashmir?
You need Passport/Visa to visit Kashmir
A plane/train/bus ticket will do.
Has Pakistan ever won a war?
Closer home, in 73 years marked with four large wars against two adversaries, China and Pakistan, two have ended decisively. It is easy to remember the one we won, in 1971 against Pakistan, and impossible to forget the one we lost, in 1962 to China.