In what ways, the constitution (Application to Jammu and Kashmir) Order, 2019 transforms the relationship of Jammu and Kashmir with India? (200 Words)
Enrich the answer from other sources, if the question demands.
IAS Parliament 5 years
KEY POINTS
· The Constitution (Application to Jammu and Kashmir) Order, 2019, has removed the special status accorded to the state of Jammu and Kashmir under Article 370 in Part XXI (Temporary, Transitional and Special Provisions) of the Constitution of India.
· By extension, Article 35A has also been repealed, as it was introduced as part of The Constitution (Application to Jammu and Kashmir) Order, 1954, which was implemented under the presidential power under Article 370.
· The Order mentions that the president has made it with the concurrence of the “government" of the state of Jammu and Kashmir. It is notable that the government and the legislative assembly of the state have not been in existence since 20 December 2018, when President’s Rule was imposed in the state and, subsequently, extended on 3 July 2019.
· The Order includes an amendment to Article 367 of the Constitution, and mentions that all references to “this" Constitution (meaning The Constitution of India) in the context of Jammu and Kashmir shall now be construed as “the" Constitution.
· Herein lies the landmark implication, as it means that there will be no separate Constitution for the state of Jammu and Kashmir from now on.
· The office and the designation of the Sadr-i-Riyasat of J&K shall no longer be in place, as the governor of Jammu and Kashmir will be the only authority.
· Originally, Article 370 (3) gave power to the President to declare the article inoperative or operative with exceptions and modifications, subject to obtaining prior recommendation of the Constituent Assembly of the state of J&K before issuing the notification.
· The Order replaces “Constituent Assembly of the State" with “Legislative Assembly of the State", which, in the absence of a Legislative Assembly, can be interpreted as authorizing the President to eventually unilaterally convene the Order.
· The repeal of Article 35A has removed the concept of “permanent residents of the state of Jammu and Kashmir", which means that the restrictions on citizens residing outside the state of J&K, with regard to employment, acquisition of immovable property, settlement and scholarships, and other aid, shall no longer be valid.
· The repeal, read with Entry 32 of the Union List could also have important consequences with respect to “property of the Union". This would provide a great boost to the economy, and trade, commerce and tourism could really flourish.
· Fundamental duties, Fundamental rights, Directive principles of state policy are now applicable.
SUSHIL RANJAN 5 years
IAS Parliament 5 years
Good attempt. Try to include about art 356,360 etc . Keep writing.
Sanjana Bhatt 5 years
IAS Parliament 5 years
Cut short the background information about article 370. Try to include about applicability of fundamental duties, right to property, art 356, 360 etc. Keep writing.
Rahul 5 years
Pls review
IAS Parliament 5 years
Good attempt. Keep writing.
sahithya 5 years
Kindly review. Thank you.
IAS Parliament 5 years
Try to stick to the word limit. Try to cut short conclusion and introduction part. Mention about DPSP, fundamental duties, Art 356,360 etc. Keep writing.
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