FAQ

Is Article 370 still in Constitution?

Is Article 370 still in Constitution?

In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘inoperative’ even though it still exists in the constitution.

How many states have special status in India?

(a) to (d) : As per the information provided by the NITI Aayog, 11 states namely, Arunachal Pradesh, Assam, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Uttarakhand were granted special category status.

Which states in India have special powers?

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of *[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

How many states in India have their own constitution?

This figure consist of 29 states and 7 union territories. In terms of governance, structure and function, states and union territories are significantly different from each other. Article 1 of the Indian constitution defines India as a Union of States and not as a federation of states.

Is Article 370 removed or amended?

On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. A further order on 6 August made all the clauses of Article 370 except clause 1 to be inoperative.

Is Article 370 removed or modified?

273, which stated that, as of August 6, 2019, “all clauses of the said article 370 shall cease to be operative,” and that “[a]ll provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir.”

Does Sikkim have special status?

First, the 35th Amendment laid down a set of conditions that made Sikkim an “Associate State”, a special designation not used by any other state. A month later, the 36th Amendment repealed the 35th Amendment, and made Sikkim a full state, adding its name to the First Schedule of the Constitution.

Which states are related to Article 371?

of Article 371. With the enactment of the Bombay Reorganisation Act, 1960, Article 371 (2) of the Constitution was made applicable to the States of Maharashtra and Gujarat with effect from 1.5. 1960.

Which state of India has its own flag?

The state of Jammu and Kashmir had an officially recognised state flag between 1952 and 2019 under the special status granted to the state by Article 370 of the Constitution of India. The flag was red with a plough in the centre. The red background stood for labour and the plough stood for agriculture.

How many states and UT are there in India 2021?

The federal union of India is broken into 29 states and seven territories. All of the states and unions of the nation have three capitals. The first is the administrative capital, which is home to the executive government offices.

What was the significance of the Article 370?

How significant is Article 370? The article allowed the state a certain amount of autonomy – its own constitution, a separate flag and freedom to make laws. Foreign affairs, defence and communications remained the preserve of the central government.

Is the Article 370 still on the Statute Book of India?

The Presidential order signed by the President of India has not scrapped Article 370. But invoking this very article, the special status of Jammu & Kashmir has been withdrawn. Thus, Article 370 is very much on the statute book. In other words, the move by the government gives full applicability of the Indian Constitution in Jammu and Kashmir.

Why was Article 370 passed in Jammu and Kashmir?

The key feature of Article 370 was that the Central laws passed by the Parliament did not automatically apply to the erstwhile State of J&K, and it was the right of the State Legislature to approve them by passing a parallel act. Article 370 is a constitutional provision that gave Jammu and Kashmir its special status.

Who was the Prime Minister when Article 370 was revoked?

Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party’s 2019 election manifesto. They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India.

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