PM MODI PRAISES ARTICLE 370 REVOCATION; CONGRESS CRITICISES

Why in the news?

On the fifth anniversary of Article 370’s revocation, PM Modi hailed it as a new era of progress, while Congress criticised the move for increasing terrorism and delaying development.

source:graphics

PM Modi’s Remarks on Article 370 Abrogation:

  • Anniversary Statement: On the fifth anniversary of Article 370’s revocation, PM Modi hailed it as a “watershed moment,” marking a new era of progress in Jammu and Kashmir (J&K).
  • Government Claims: Modi asserted that the move ensured security, dignity, and development for marginalised communities, reduced corruption, and fully implemented the Constitution in J&K and Ladakh.

Key Issues

  • Terror and Development: Congress highlighted increased terror attacks and poor development metrics, with a significant decline in the net State domestic product growth rate since 2019.
Key points on Article 370:

  • Provision Details: Article 370 granted Jammu and Kashmir (J&K) significant autonomy, allowing its own constitution, flag, and internal control, excluding defence, foreign affairs, finance, and communications.
  • Abrogation: On August 5, 2019, the Government of India revoked Article 370 through a presidential order and restructured J&K into two Union Territories: Jammu & Kashmir and Ladakh.
  • Legal Process: The Constitution (Application to Jammu and Kashmir) Order, 2019, and the Jammu and Kashmir Reorganisation Bill, 2019, facilitated this change without the J&K Legislative Assembly’s approval, due to President’s rule.
  • Supreme Court Verdict: The Supreme Court upheld the abrogation of Article 370, validating the constitutional order.

Constitutional provision:

  • Article 370 Clause 3: Grants the President power to amend its provisions.
  • Article 35A: Introduced in 1954 via Presidential Order, defining J&K’s permanent residents and their rights.
  • Other State Provisions: Articles 371, 371A-I cover special provisions for various states.

Associated Article:

https://universalinstitutions.com/article-370-judgment-a-case-of-constitutional-monism/