Article 370 In English | Article 370 Of Indian Constitution In English | What Is Article 370

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Article 370 Of Indian Constitution In English

Article 370 – Temporary provisions with respect to the State of Jammu and Kashmir.
(1) Notwithstanding anything in this Constitution,
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948 ;

(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification.

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Article 370 In English

370 Article – Temporary provision with respect to the State of Jammu and Kashmir.
(1) Notwithstanding anything contained in this Constitution,
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited
(i) those matters in the Union List and the Concurrent List as declared by the President, in consultation with the Government of the State, in conformity with the matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India. as to matters in respect of which the Dominion Legislature may make laws for that State; And
(ii) such other matters in the said lists as the President may, with the concurrence of the State Government, by order specify Explanation; For the purposes of this article, the Government of the State means the person for the time being recognized in Jammu and Kashmir. President as Maharaja of K, acting on the advice of the then Council of Ministers under the Proclamation of the Maharajas on the fifth day of March, 1948;
(c) the provisions of Article 1 and of this Article shall apply in relation to that State;
(d) such other provisions of this Constitution shall apply in relation to that State, subject to such exceptions and modifications as the President may, by order, specify: Provided that no such order shall relate to the matters referred to in the instrument of annexation. The State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the State Government: Provided that no such order relating to matters other than those referred to in the preceding proviso shall be issued except by that Government. of consent.
(2) If the consent of the State Government is given in paragraph (ii) of clause (1) of sub-section (b) or in the second proviso to sub-section (d) of that clause before the Constituent Assembly convened for the purpose of making the Constitution of the State it shall be laid before such Legislative Assembly for such decision as may be taken thereon.
(3) Notwithstanding anything contained in the foregoing provisions of this article, the President may, by public notification, declare that this article shall not apply or shall operate only with such exceptions and modifications and from such date as he Specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President can issue such notification.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 370 Of Indian Constitution?

Article 370 Debate Summary

The draft Article 306A (Article 370, Constitution of India 1950) was not a part of the draft Constitution of India. It was introduced in the Constituent Assembly and taken up for discussion on 17 October 1949. It declared that the Constitution of India would come into force. The State of Jammu and Kashmir (J&K) is in a manner consistent with the Instruments of Accession (IOA) signed by India and J&K. The IOA contained the conditions on which J&K acceded to the Indian Union. This effectively meant that J&K would have more autonomy in the federal system of India. In addition, the draft Article provides for the creation of the J&K Constituent Assembly, drafting the J&K Constitution. This assembly was empowered to decide which provisions of the Indian Constitution would apply to the state in future.

A member wanted to know why the draft Article gave a special constitutional status to Jammu and Kashmir. A member of the drafting committee replied that the unique political circumstances surrounding Jammu and Kashmir required such a special provision. These circumstances included the ongoing war in the state, the involvement of the United Nations and the promises made to the state by the Indian government, including the right to decide the political future of the state. Despite this clarification, the members appeared unconvinced and suggested that the draft article was discriminatory as no such political concessions were granted to other princely states like the state of Baroda.

At the end of the debate, the Constituent Assembly adopted the draft article without amendment on 17 October 1949.

On 6 August 2019, Article 370 of the Constitution was effectively repealed through a Presidential Order on the recommendation of both the Houses of Parliament.

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