Article was the legal provision with which Kashmir was assured of autonomy. Under Article , the President can, with the Constitution Application to Jammu and Kashmir Order , decide provisions of the Indian Constitution which could be applied to Jammu and Kashmir with or without modification.
But as S P Sathe writes , this has to be done in conference with authorities in Kashmir. This order has been amended from time to time to make more and more provisions of the Indian Constitution applicable to Jammu and Kashmir. The president of India can identify subjects on Lists I and III which correspond with broad subjects mentioned in the Instrument of Accession but the order of the president specifying such subjects must be made in 'consultation' with the state government.
II The president can extend the legislative power of Parliament in respect of subjects in the union and Concurrent Lists of the Seventh Schedule not included in the Instrument of Accession by an order, which can be made only with the 'concurrence' of the state government.
All other articles of the Constitution of India may be extended to Kashmir, by an order to be issued by the president under Article , only in 'consultation' with the state government of Jammu and Kashmir if it pertains to matters regarding legislative power of Parliament, and with the 'concurrence' of the state government if it pertains to matters other than those regarding the legislative powers of Parliament.
The special status for Kashmir was not an anomaly in the history of international politics. They argue that there are measures that are similar to Article that have ensured that a harmonious existence is possible within a constitutional framework. A comparison with the autonomy granted by the constitution of China and the US to its units is enough to establish that Article is neither against the federal character nor against the unitary scheme of the Indian Constitution.
India has scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lockdown and massive troop deployment in the disputed region. Minister of Home Affairs Amit Shah, a close ally of Prime Minister Narendra Modi , told parliament on Monday that the president had signed a decree abolishing Article of the constitution, stripping the significant autonomy Kashmir had enjoyed for seven decades.
The move is expected to further inflame tensions in the Muslim-majority region of more than seven million people and infuriate rival Pakistan. The Jammu and Kashmir union territory will include the Hindu-majority Jammu region and will have a legislative assembly.
The Buddhist-majority Ladakh region, which has a considerable population of Shia Muslims, will also be a union territory, but it will not have an assembly. All phones, internet services and cable networks were cut off on Sunday night and pro-India leaders placed under house arrest following days of soaring tensions. The article, which came into effect in , exempts Jammu and Kashmir state from the Indian constitution. It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.
In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. This meant the federal government only had to seek the consent of the governor who imposes its rule.
The government says it is well within its rights to bring in the changes and that similar decisions have been taken by federal governments in the past. One constitutional expert, Subhash Kashyap, told news agency ANI that the order was "constitutionally sound" and that "no legal and constitutional fault can be found in it".
Opposition political parties could launch a legal challenge but Kashmir is an emotive issue with many Indians, and most parties would be wary of opposing the move lest they be branded anti-India. That could leave any challenge up to individuals or activists. The funerals driving youth to militancy. Finding God in the anguish of violence. Tracing the path that led to the Kashmir attack.
Why India and Pakistan fight over Kashmir. Image source, Getty Images. There have been protests both for and against the decision. Why is Kashmir controversial? What's happened now? How significant is Article ? India and Pakistan wage conflict in Kargil on the Line of Control after army identifies infiltrators. About people are killed after major protests erupt in parts of Kashmir over the death of a year-old in police firing.
Death of Hizbul Mujahideen commander Burhan Wani triggers deadly protests, claiming at least 65 lives and injuring thousands. Article was incorporated in the Indian Constitution in , exempting the state of Jammu and Kashmir from the Constitution of India.
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