The Origin of Article 370 of the Indian Constitution
Article 370 was drafted by Sheikh Abdullah in the year 1947.
Abdullah had been appointed as the Prime Minister of Jammu and
Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of
Kashmir.
Abdullah wanted complete autonomy for J&K and demanded that
Article 370 must not remain a temporary provision. However, the
Centre deemed this demand unreasonable and did not approve of it.
Human rights
Article 370 acknowledges the special status of the state of Jammu
and Kashmir in terms of autonomy and its ability to formulate laws for
the state’s permanent residents. In the 1954 Presidential order,
among other things, the Fundamental Rights in the Indian
Constitution were made applicable to Kashmir with exceptions. Later
amendments, states Cottrell, modified the
29
applicability of basic human rights in the Indian Constitution to
permanent residents of Jammu and Kashmir.clarification needed The
state legislature further modified these, as well as added “preventive
detention laws” that it exempted from human rights challenges for
twenty-five years. Further, the state gave special privileges to the
permanent residents in matters such as residence, property,
education and government jobs, which were unavailable to others.
Article 35A of the Indian constitution has been interpreted by some
Kashmiri officials to disallow challenging any state law, merely on the
ground of infringing upon rights, granted to all citizens of India via the
national constitution.
https://www.jkjobsalert.in/2020/07/constitution-of-j-formation-fundamental.html
Education and employment rights
The state government officials of Jammu and Kashmir have issued
“permanent resident certificates”. However, these certificates differ by
gender.The certificates issued to females are marked “valid only till
marriage”, while certificates for males have no such markings. If a
woman married to an Indian outside of Kashmir, she was denied a
new certificate. These certificates are required by the Jammu and
Kashmir state officials from anyone seeking to acquire immovable
property, education or employment within the state. Under the state
laws, the Jammu and Kashmir High Court quashed the appointment
of Susheela Sawhney in 1979 – a Kashmiri born woman, as Assistant
Professor in the Government Medical College because she was
married to a man outside of Kashmir. Numerous other women – such
as Sunita Sharma, Anjali Khosla, Abha Jain, Kamla Rani, Reeta
Gupta, and others – sued the state government on different but
related matters, charging discrimination based on their gender.These
cases were reviewed in 2002 by the full bench of the state’s High
Court, which overturned the past rulings and found that the state has
discriminated based on gender. According to Cottrell, the autonomy
and special status granted to the state of Jammu and Kashmir makes
it possible “for it to have rather lower standards of human rights”.
Women’s rights
In 2004, the Jammu and Kashmir Legislative Assembly passed the
Permanent Residents (Disqualification) Bill – also known as the
Daughter’s Bill. The new law sought to deprive daughters of the
state’s permanent residents of all their native-born rights and
privileges if they marry someone who is not the subject of Jammu
and Kashmir. This law applied only to the female descendants of
Kashmir subjects, and does not apply to the male descendants.
According to Sehla Ashai, per its provisions, “the women who married
non-state subjects [men from other states of India or abroad] could no
longer claim state subject status, would thereby lose both preferential
treatment in government hiring and the ability to acquire new property
in the state”. The opponents to this bill argued that this is a “violation
of Kashmiri women’s fundamental rights under the Indian
Constitution” and that the bill discriminated human beings by their
gender.The supporters argued that if this bill failed to pass it “would
be the end of constitutionally guaranteed autonomy for Jammu and
Kashmir” and that the law was created to “protect the ethnic identity
of the people of Jammu and Kashmir”. The bill was supported by the
state-based Jammu & Kashmir National Conference Party and
Jammu and Kashmir Peoples Democratic Party, but challenged by
the Indian National Congress party. It was reintroduced in J&K
legislative houses in August 2004 as an amendment to the state
constitution, but it failed to pass the Upper House of the state by the
required two-thirds majority.
sports-personalities-of-jammu-and.kashmir
In 2010, the Permanent Residents (Disqualification) legislation was
reintroduced in the state’s legislative houses, with support from the
two main state-based parties.It again attracted criticism that “such
bills have no sanction in the legal and constitutional history of the
state or in Article 370”.
Change of status of Jammu and Kashmir
On 5 August 2019, the Home Minister Amit Shah introduced the
Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha to
convert Jammu and Kashmir’s status of a state to two separate union
territories, namely Union Territory of Jammu and Kashmir and Union
Territory of Ladakh. The union territory of Jammu and Kashmir was
proposed to have a legislature under the bill whereas the union
territory of Ladakh is proposed to not have one.[10][92] By the end of
the day, the bill was passed by Rajya Sabha with 125 votes in its
favour and 61 against (67%).The next day, the bill was passed by the
Lok Sabha with 370 votes in its favour and 70 against it (84%).The
bill became an Act after it was signed by the president.
/historical-history-personalities-of.jammu and kashmir
Multiple Choice Questions
1) The purpose of Directive Principles of State
Policy is to :
[A] lay down positive instructions which would
guide State policy at all levels.
[B] implement Ganhiji’s idea for a decentralized
state.
[C] check the use of arbitrary powers by the
government.
[D] promote welfare of the backward section
of the society.
(2)Which of the following Directive Principles
is based on Gandhian ideology?
[A] Equal pay for equal work for men and
women.
[B] Guarding the children against exploitation
and moral degradation.
[C] Uniform civil code for all citizens. [D] Promotion of Cottage
industries. (3)Which part of the Indian Constitution deals
with the Directive Principles of State Policy ? [A] Part III [B] Part IV
[C] Part V [D] Part VI
(4) The enforcement of Directive Principles
depends most on
[A] the President [B] the Court
[C] resources available to the government [D] Chief Justice of India
(5)One of the objectives of Directive Principles
of State Policy is :
[A] total prohibition
[B] prevention of gambling and lotteries. [C] making effective
provisions for securing the
right to work, education and public assistance in
case of unemployment, old age, sickness and
disablement.
[D] all of these
(6) Directive Principles of State Policy are
fundamental for :
[A] governance of the Country.
[B] upliftment of backward classes.
[C] protection of Constitution.
[D] protection of individual rights.
(7) Which of the following cannot be termed
as Gandhian principle among the Directive
Principles of State Policy?
[A] To organize village Panchayats.
[B] To prohibit intoxicating drinks and drugs
that are injurious to health.
[C] To preserve and improve the breeds of the
cattle and prohibit slaughter of cows, calves and
other milch and drought animals.
[D] Provision for early childhood care and
education to children below the age of six years. (8)Directive
Principles are :
[A] Justifiable as Fundamental Rights. [B] Justifiable but not as
Fundamenta Rights. [C] Decorative portions of Indian Constitution.
[D] Not Justifiable yet fundamental in
governance of the Country.
/multiple-choice-questions-i-jkssb examination
(9)The architects of Indian Constitution
borrowed the concept of Directive Principles from [A] the Constitution
of USA.
[B] the Constitution of UK.
[C] the Constitution of Ireland.
[D] Government of India Act, 1935
(10)The term ‘equal pay for equal work’ is a : [A] Directive Principle of
State Policy. [B] Statutory provisions in Labour Law. [C] Fundamental
Rights.
[D] Matter of State to pass Bill.
11)Under the Directive Principles of State
Policy, up to what age of the children, they are
expected to be provided free and compulsory
education?
[A] 14 years [B] 15 years
[C] 16 years [D] 18 years
(12) ‘Directive Principles’ in our Constitution
are
[A] Quasi-enforceable
[B] Party non – enforceable
[C] Enforceable in the courts of law
[D] Non – enforceable in the courts of law (13) The Directive
Principles of State Policy was
adopted from the
[A] British Constitution
[B] Irish Constitution
[C] U.S. Constitution
[D] Swiss Constitution
(14) The idea of ‘Directive Principles of State
Policy’ was borrowed by the framers of the Indian
Constitution from the Constitution of
[A] Canada [B] South Africa [C] The Republic of Ireland
[D] The Republic of Germany
(15) Which part of the Constitution deals with
the Directive Principles of State Policy? [A] Part-III [B] Part-IV
[C] Part-I [D] Part-II
16) The main purpose of including the Directive
Principles of State Policy in the Indian Constitution
is to
[A] Establish a welfare State
[B] Establish a secular State
[C] Check the arbitrary action of the
Government
[D] Provide best opportunities of development
by the Government
(17) Political equality is found in
[A] The absence of privileges
[B] Equal distribution of wealth
[C] Universal adult suffrage
[D] The rationality of the individual
(18) ‘Equality before law’ in India is derived
from
[A] Constitution
[B] Case Law
[C] Political Conventions
[D] Gandhian Philosophy
(19) Directive Principles of State Policy in the
Indian Constitution were taken from the
Constitution of
[A] Britain
[B] Ireland
[C] USA
[D] Canada
(20) Which one of the following kinds of
equality is not compatible with the liberal nation
of equality?
[A] Legal Equality
[B] Political Equality
[C] Social Equality
[D] Economic Equality
(21) Political liberty implies
[A] Votes can make and unmake their
government
[B] Co-operation between politics and
democracy
[C] Free political activities of the people [D] People’s control over the
government
Answer key :
Answer key :
Answer key : a,19-b,20-d,21-c
Article 370 was drafted by Sheikh Abdullah in the year 1947.
Abdullah had been appointed as the Prime Minister of Jammu and
Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of
Kashmir.
Abdullah wanted complete autonomy for J&K and demanded that
Article 370 must not remain a temporary provision. However, the
Centre deemed this demand unreasonable and did not approve of it.
Human rights
Article 370 acknowledges the special status of the state of Jammu
and Kashmir in terms of autonomy and its ability to formulate laws for
the state’s permanent residents. In the 1954 Presidential order,
among other things, the Fundamental Rights in the Indian
Constitution were made applicable to Kashmir with exceptions. Later
amendments, states Cottrell, modified the
29
applicability of basic human rights in the Indian Constitution to
permanent residents of Jammu and Kashmir.clarification needed The
state legislature further modified these, as well as added “preventive
detention laws” that it exempted from human rights challenges for
twenty-five years. Further, the state gave special privileges to the
permanent residents in matters such as residence, property,
education and government jobs, which were unavailable to others.
Article 35A of the Indian constitution has been interpreted by some
Kashmiri officials to disallow challenging any state law, merely on the
ground of infringing upon rights, granted to all citizens of India via the
national constitution.
https://www.jkjobsalert.in/2020/07/constitution-of-j-formation-fundamental.html
Education and employment rights
The state government officials of Jammu and Kashmir have issued
“permanent resident certificates”. However, these certificates differ by
gender.The certificates issued to females are marked “valid only till
marriage”, while certificates for males have no such markings. If a
woman married to an Indian outside of Kashmir, she was denied a
new certificate. These certificates are required by the Jammu and
Kashmir state officials from anyone seeking to acquire immovable
property, education or employment within the state. Under the state
laws, the Jammu and Kashmir High Court quashed the appointment
of Susheela Sawhney in 1979 – a Kashmiri born woman, as Assistant
Professor in the Government Medical College because she was
married to a man outside of Kashmir. Numerous other women – such
as Sunita Sharma, Anjali Khosla, Abha Jain, Kamla Rani, Reeta
Gupta, and others – sued the state government on different but
related matters, charging discrimination based on their gender.These
cases were reviewed in 2002 by the full bench of the state’s High
Court, which overturned the past rulings and found that the state has
discriminated based on gender. According to Cottrell, the autonomy
and special status granted to the state of Jammu and Kashmir makes
it possible “for it to have rather lower standards of human rights”.
Women’s rights
In 2004, the Jammu and Kashmir Legislative Assembly passed the
Permanent Residents (Disqualification) Bill – also known as the
Daughter’s Bill. The new law sought to deprive daughters of the
state’s permanent residents of all their native-born rights and
privileges if they marry someone who is not the subject of Jammu
and Kashmir. This law applied only to the female descendants of
Kashmir subjects, and does not apply to the male descendants.
According to Sehla Ashai, per its provisions, “the women who married
non-state subjects [men from other states of India or abroad] could no
longer claim state subject status, would thereby lose both preferential
treatment in government hiring and the ability to acquire new property
in the state”. The opponents to this bill argued that this is a “violation
of Kashmiri women’s fundamental rights under the Indian
Constitution” and that the bill discriminated human beings by their
gender.The supporters argued that if this bill failed to pass it “would
be the end of constitutionally guaranteed autonomy for Jammu and
Kashmir” and that the law was created to “protect the ethnic identity
of the people of Jammu and Kashmir”. The bill was supported by the
state-based Jammu & Kashmir National Conference Party and
Jammu and Kashmir Peoples Democratic Party, but challenged by
the Indian National Congress party. It was reintroduced in J&K
legislative houses in August 2004 as an amendment to the state
constitution, but it failed to pass the Upper House of the state by the
required two-thirds majority.
sports-personalities-of-jammu-and.kashmir
In 2010, the Permanent Residents (Disqualification) legislation was
reintroduced in the state’s legislative houses, with support from the
two main state-based parties.It again attracted criticism that “such
bills have no sanction in the legal and constitutional history of the
state or in Article 370”.
Change of status of Jammu and Kashmir
On 5 August 2019, the Home Minister Amit Shah introduced the
Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha to
convert Jammu and Kashmir’s status of a state to two separate union
territories, namely Union Territory of Jammu and Kashmir and Union
Territory of Ladakh. The union territory of Jammu and Kashmir was
proposed to have a legislature under the bill whereas the union
territory of Ladakh is proposed to not have one.[10][92] By the end of
the day, the bill was passed by Rajya Sabha with 125 votes in its
favour and 61 against (67%).The next day, the bill was passed by the
Lok Sabha with 370 votes in its favour and 70 against it (84%).The
bill became an Act after it was signed by the president.
/historical-history-personalities-of.jammu and kashmir
Multiple Choice Questions
1) The purpose of Directive Principles of State
Policy is to :
[A] lay down positive instructions which would
guide State policy at all levels.
[B] implement Ganhiji’s idea for a decentralized
state.
[C] check the use of arbitrary powers by the
government.
[D] promote welfare of the backward section
of the society.
(2)Which of the following Directive Principles
is based on Gandhian ideology?
[A] Equal pay for equal work for men and
women.
[B] Guarding the children against exploitation
and moral degradation.
[C] Uniform civil code for all citizens. [D] Promotion of Cottage
industries. (3)Which part of the Indian Constitution deals
with the Directive Principles of State Policy ? [A] Part III [B] Part IV
[C] Part V [D] Part VI
(4) The enforcement of Directive Principles
depends most on
[A] the President [B] the Court
[C] resources available to the government [D] Chief Justice of India
(5)One of the objectives of Directive Principles
of State Policy is :
[A] total prohibition
[B] prevention of gambling and lotteries. [C] making effective
provisions for securing the
right to work, education and public assistance in
case of unemployment, old age, sickness and
disablement.
[D] all of these
(6) Directive Principles of State Policy are
fundamental for :
[A] governance of the Country.
[B] upliftment of backward classes.
[C] protection of Constitution.
[D] protection of individual rights.
(7) Which of the following cannot be termed
as Gandhian principle among the Directive
Principles of State Policy?
[A] To organize village Panchayats.
[B] To prohibit intoxicating drinks and drugs
that are injurious to health.
[C] To preserve and improve the breeds of the
cattle and prohibit slaughter of cows, calves and
other milch and drought animals.
[D] Provision for early childhood care and
education to children below the age of six years. (8)Directive
Principles are :
[A] Justifiable as Fundamental Rights. [B] Justifiable but not as
Fundamenta Rights. [C] Decorative portions of Indian Constitution.
[D] Not Justifiable yet fundamental in
governance of the Country.
/multiple-choice-questions-i-jkssb examination
(9)The architects of Indian Constitution
borrowed the concept of Directive Principles from [A] the Constitution
of USA.
[B] the Constitution of UK.
[C] the Constitution of Ireland.
[D] Government of India Act, 1935
(10)The term ‘equal pay for equal work’ is a : [A] Directive Principle of
State Policy. [B] Statutory provisions in Labour Law. [C] Fundamental
Rights.
[D] Matter of State to pass Bill.
11)Under the Directive Principles of State
Policy, up to what age of the children, they are
expected to be provided free and compulsory
education?
[A] 14 years [B] 15 years
[C] 16 years [D] 18 years
(12) ‘Directive Principles’ in our Constitution
are
[A] Quasi-enforceable
[B] Party non – enforceable
[C] Enforceable in the courts of law
[D] Non – enforceable in the courts of law (13) The Directive
Principles of State Policy was
adopted from the
[A] British Constitution
[B] Irish Constitution
[C] U.S. Constitution
[D] Swiss Constitution
(14) The idea of ‘Directive Principles of State
Policy’ was borrowed by the framers of the Indian
Constitution from the Constitution of
[A] Canada [B] South Africa [C] The Republic of Ireland
[D] The Republic of Germany
(15) Which part of the Constitution deals with
the Directive Principles of State Policy? [A] Part-III [B] Part-IV
[C] Part-I [D] Part-II
16) The main purpose of including the Directive
Principles of State Policy in the Indian Constitution
is to
[A] Establish a welfare State
[B] Establish a secular State
[C] Check the arbitrary action of the
Government
[D] Provide best opportunities of development
by the Government
(17) Political equality is found in
[A] The absence of privileges
[B] Equal distribution of wealth
[C] Universal adult suffrage
[D] The rationality of the individual
(18) ‘Equality before law’ in India is derived
from
[A] Constitution
[B] Case Law
[C] Political Conventions
[D] Gandhian Philosophy
(19) Directive Principles of State Policy in the
Indian Constitution were taken from the
Constitution of
[A] Britain
[B] Ireland
[C] USA
[D] Canada
(20) Which one of the following kinds of
equality is not compatible with the liberal nation
of equality?
[A] Legal Equality
[B] Political Equality
[C] Social Equality
[D] Economic Equality
(21) Political liberty implies
[A] Votes can make and unmake their
government
[B] Co-operation between politics and
democracy
[C] Free political activities of the people [D] People’s control over the
government
Answer key :
Answer key :
Answer key : a,19-b,20-d,21-c
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