The Supreme Court of India will hear nearly 23 petitions challenging the Centre’s decision to abrogate Article 370 of the Constitution, which had given special status to Jammu and Kashmir. The Chief Justice of India DY Chandrachud-led five-judge constitution bench of the Supreme Court will hear the case. Other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.
The Centre also decided to bifurcate the state into two Union Territories namely UT of Jammu and Kashmir and UT of Ladakh. Petitioners claimed that constitutional provisions were violated while making the decision. Notably, the court’s decision to consider these pleas comes almost four years after the Centre scrapped Article 370 of the constitution on August 5, 2019.
In today’s Classes With News18 understand all you need to know about Article 370 and Article 35 A.
What is Article 370?
Article 370 of the Indian Constitution is a provision that allows special status to the state of Jammu and Kashmir. By this provision, the laws which are applicable to other states are not applicable to the State of Jammu and Kashmir. Article 370 granted Jammu and Kashmir the authority to have a separate constitution, a state flag, and internal administrative autonomy while it was governed by India as a state from 1952 until October 31, 2019. It specifies that except for Defence, Foreign Affairs, Communications, and Ancillary matters, Parliament needs the state government’s concurrence for applying all other laws.
Article 370 grants the resident of Jammu and Kashmir to live under a separate set of laws, including those related to citizenship, fundamental rights, property rights, etc. than those of other Indians.
Article 35A comes under Article 370 grants special privileges and rights to the people of Kashmir. It prevents the outsiders of the state from either seeking permanent settlement in the state or buying immovable property in the state. It also prevents those who are not permanent residents of the state to get government jobs in the state.
History of Article 370
The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed the Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. So the provisions of Article 370 came into force from November 17, 1952.
After being advised by the State Constituent Assembly of Jammu and Kashmir, a Presidential order was issued in 1954 that specified the Articles which was applied to the state. Article 35A was also introduced by the presidential order in 1954.
The provision was incorporated in Part XXI of the Constitution: Temporary, Transitional, and Special Provisions. As evident from the title of the Part, it was supposed to be a temporary provision and its applicability was projected to last till the formulation and adoption of the State’s constitution.
Abolition Of Article 370
On August 5, 2019 Article 370 was revoked by the ruling party Bhartiya Janata Party. With the elimination of Article 370, people of J&K no longer have dual citizenship and are treated similarly to other Indian citizens. The resolution that received a two-thirds majority in both chambers of the Indian parliament served as the foundation for the order.
Additionally, the parliament approved the Jammu and Kashmir Reorganisation Act, 2019, which established the division of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. The restructuring happened on October 31, 2019. With the announcement of the decision restrictions were put on leaders of Jammu and Kashmir, schools were announced shut and the internet was snapped. The move had been preceded by a state of lockdown in the Valley.
What are the Issues Involved?
The Supreme Court of India received a total of 23 petitions contesting the central government’s intention to repeal Article 370 of the Constitution, which resulted in the formation of a five-judge bench. The petitions challenge the Presidential Orders of August 2019, as well as The Jammu and Kashmir Reorganisation Act, 2019.
Besides this, the J&K Reorganisation Act of 2019 reorganized the state of J&K into two different UTs and is also being challenged. Apart from this, a few petitions also challenge the constitutional validity of Articles 370 and 35A.
The various petitions have challenged the Centre’s move to impose a curfew and unravel the unique federal structure of India by dividing the state without taking consent from its people. They also challenged the proclamation of the President’s Rule in the State in December 2018. The Supreme Court is set to hear over 20 petitions challenging the Centre’s decision tomorrow, July 11, 2023.
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