Was abrogation of article 370 unconstitutional?
Gefragt von: Anita Wiese-Busse | Letzte Aktualisierung: 23. März 2021sternezahl: 4.7/5 (47 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 370 constitutional?
In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as 'inoperative' even though it still exists in the constitution.
Why is Article 35A not in the Constitution?
Article 35A was not added to the Constitution by following the procedure prescribed for amendment of the Constitution of India under Article 368. Article 370 does not anywhere confer on the President legislative or executive powers so vast that he can amend the Constitution or perform the function of Parliament.
Who drafted Article 370 of Indian Constitution?
Ayyangar was the chief drafter of Article 370 which granted local autonomy to the state of Jammu and Kashmir.
How did Article 370 get removed from UPSC?
J&K acceded to the Dominion of India after the Instrument of Accession was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947. Article 370 of the Indian Constitution provided that only Articles 1 and 370 itself would apply to J&K.
BTH 13 | Article 370: How Legal is the Centre's Assault on Kashmir's Constitutional Status?
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Does Jammu and Kashmir still have its own constitution?
The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution. ... Now the Constitution of India is applicable to Jammu and Kashmir, like all other states and union territories of India.
How did China occupy Kashmir?
The China-Pakistan collusion was clearly evident in the process and China became a direct party to the Kashmir issue both by concluding the 1963 agreement with Pakistan and taking the trans-Karakoram tract and, earlier, by occupying Aksai Chin.
Was Kashmir a Hindu state?
In 1947, Kashmir's population was "77% Muslim and 20% Hindu". ... Once the Maharaja signed the Instrument of Accession, Indian soldiers entered Kashmir and drove the Pakistani-sponsored irregulars from all but a small section of the state.
Who is the last king of Jammu and Kashmir?
Maharajah Sir Hari Singh GCSI GCIE GCVO (23 September 1895 – 26 April 1961) was the last ruling Maharaja of the princely state of Jammu and Kashmir in the British Raj and later India.
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'.
What is Article 56a?
(1) The President shall hold office for a term of five years from the date on which he enters upon his office: ... (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
What is domicile law in Jammu and Kashmir?
The Centre has defined new domicile rule for Jammu and Kashmir which includes those who have lived in the Union Territory for 15 years. A person residing in Jammu and Kashmir for at least 15 years will now be eligible to be a domicile of the Union Territory, according to the new rule issued by the Centre on Tuesday.
What is Article 370 Upsc?
On October 17, 1949, Article 370 was added to the Indian constitution, as a 'temporary provision', which exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the Indian Parliament's legislative powers in the state.
How many states are there in India after 370?
The system of government in states closely resembles that of the Union. 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.
How did Kashmir became part of India?
The Instrument of Accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By executing this document under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede to the Dominion of India.
What happened to Kashmiri Pandits in Kashmir?
The Exodus of Kashmiri Hindus, also sometimes known as the Exodus of Kashmiri Pandits, refers to the series of anti-Hindu pogroms and attacks that took place shortly after the inception of the Muslim-dominated insurgency in Jammu and Kashmir in 1989, which eventually forced Kashmiri Hindu Pandits out of the Kashmir ...
Who bring Islam in Kashmir?
Rinchan converted to Islam after coming into contact with Sayyid Sharfudin, a Sufi preacher commonly known as Bulbul Shah, who had come to Kashmir during the reign of Suhadeva. He changed his name to Sultan Sardarudin Shah after converting to Islam and thus became the first Muslim ruler of Kashmir.
Who sold Kashmir to India?
Under the terms of the Treaty of Amritsar that followed in March 1846, the British government sold Kashmir for a sum of 7.5 million Nanakshahee rupees to Gulab Singh, hereafter bestowed with the title of Maharaja.
Are Kashmiri Pandits Brahmins?
The Kashmiri Pandits (also known as Kashmiri Brahmins) are a group of Kashmiri Hindus and a part of the larger Saraswat Brahmin community of India. ... They are the only remaining Hindu community native to Kashmir.