Delhi Agreement And Article 370

In this first presidential term under Article 370, “235 articles of the Indian Constitution were not applicable to the State of Jammu-Kashmir, 9 were partially applicable and 29 were applicable in modified form.” [36] 38 themes from the Union`s list were cited as issues on which the EU legislator could legislate for the State. Some articles in ten of the twenty-two parts of the Indian Constitution have been extended to Jammu and Kashmir, with amendments and exceptions, as agreed by the state government. [35] On 5 August 2019, Interior Minister Amit Shah announced to the Rajya Sabha (upper house of the Indian parliament) that the Indian President had adopted the Constitutional Order (request for Jammu and Kashmir) in 2019 (C.O. 272) under Article 370, which annulled the 1954 Constitution (request for jammu and cashmere). The order stated that all provisions of the Indian Constitution applied to Jammu and Kashmir. While the 1954 ordinance provided that only a few sections of the Indian Constitution were to apply to the state, the new regulation removed all of these restrictions. This meant the abrogation of the separate constitution of Jammu and Kashmir. The order was given with “the agreement of the government of Jammu and Kashmir,” which apparently meant the governor appointed by the UNION government. [11] [91] The two trade union zones were created on 31 October 2019, celebrated as National Unity Day. [97] The Indian President has appointed the Governor of the Union jammu and Kashmir Governor of the Union and Governor of the Union for the Territory of the Union. [98] The two governors were sworn in on October 31, 2019 by Judge Gita Mittal, the head of justice at Jammu and Kashmir High Court, first in Leh for Ladakh UT, then in Srinagar for Jammu and Kashmir UT.

[99] Presidential rule, pursuant to Article 356 of the Indian Constitution, ended on the night of October 30, 2019 in the state of Jammu and Kashmir. The President`s rule is not applicable to a trade union region and is not necessary, since the trade union region is controlled by the central government anyway. The President has issued an order stipulating that he will govern the trade union territory of Jammu and Kashmir directly until the constitution of the Legislative Assembly in the trade union region. [100] The article allowed the state some autonomy – its own constitution, a separate flag and the freedom to legislate. Foreign policy, defence and communication issues remained under the central government. Immediately after the award of the 2019 presidential order to the Rajya Sabha, Interior Minister Amit Shah announced a resolution recommending that the President issue an order under Article 370, 3, which renders all clauses of Article 370 null and void. [92] [11] Following the adoption of the resolution by both Houses of Parliament, the President adopted Constitutional Regulation 273 on 6 August 2019, which replaced the existing text of Article 370 with the following text:[14][93] 370. All the provisions of this Constitution, amended from time to time, without amendment or derogation, apply to the State of Jammu and Kashmir, despite a violation of Article 152 or Article 308 or another article of that Constitution or other provision of the Constitution of Jammu and Kashmir, or a law, document, judgment, regulation, regulation, statute, statute, statute, statute, regulation, statute, statute, statute, statute, , the rule, regulation, notification, habit or use of legal force on the territory of India or any other instrument, contract or agreement covered by Article 363 or any other means.

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