Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
How temporary is the provision mentioned in the marginal note “Temporary provision with respect to the State of Jammu and Kashmir” found in Article 370 of the Indian Constitution? Talk about this provision’s potential in light of Indian politics. (200 words) [UPSC 2016]
Article 370 of the Indian Constitution, titled “Temporary Provision with respect to the State of Jammu and Kashmir,” initially provided a special autonomous status to Jammu and Kashmir. It was intended as a temporary measure, reflecting the unique circumstances of Jammu and Kashmir’s accession to India in 1947.
Extent of Temporariness:
Initial Intent: Article 370 was meant to be a temporary provision to address the specific needs and circumstances of Jammu and Kashmir’s integration into India. It allowed the state to have its own constitution and significant autonomy, except in matters of defense, foreign affairs, and communications.
Autonomy: The article provided Jammu and Kashmir with considerable autonomy, including its own legislative assembly and control over most aspects of governance. However, this autonomy was subject to limitations imposed by the Indian Constitution, and any changes required the concurrence of the state government.
Abrogation: The Indian government, through the Jammu and Kashmir Reorganisation Act, 2019, abrogated Article 370. This act bifurcated Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh. The abrogation ended the special status and autonomy that Article 370 provided, integrating Jammu and Kashmir more directly into the Indian Union.
Future Prospects:
Legal and Political Impact: The abrogation has led to significant legal and political changes, impacting the governance structure, political dynamics, and relationship between Jammu and Kashmir and the Indian Union.
Regional and National Implications: The future prospects of Jammu and Kashmir’s integration reflect a shift towards greater central control, which may influence regional politics and governance in the context of national policies and security concerns.
Constitutional and Diplomatic Reactions: The move has generated varied responses domestically and internationally. Legal challenges and debates regarding the constitutionality and implications of the abrogation continue, affecting India’s political landscape.
In summary, Article 370 was intended as a temporary provision but had enduring effects until its abrogation in 2019. The future of Jammu and Kashmir will be shaped by its new status as Union Territories, influencing Indian polity and governance.