Daily Editorial Analysis for 3rd Aug 2023

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Important for

Prelims Exam: Article 370

Mains Exam: Article 370, temporary provisions.

Why in news?

The Supreme Court on Wednesday (August 2) began hearing the constitutional challenge to the 2019 abrogation of Article 370 of the Constitution which granted special status to Jammu and Kashmir.

A temporary provision?

  • Article 370 is in Part XXI of the Constitution, titled “Temporary, Transitional and Special Provisions”. Article 370 is titled “Temporary provisions with respect to the State of Jammu and Kashmir”.
  • 370(3) reads: “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in Clause (2) shall be necessary before the President issues such a notification.”

dilution of Article 370

Permanence of Art. 370

  • While the Constitution of India came into force in 1950, the Constituent Assembly of Jammu and Kashmir came into being only in 1951. Yet, Article 370(3) makes a reference to the “Constituent Assembly of the State.
  • The dilemma arises in Clause (3) of Article 370 which says that any change to the relationship between the State of Jammu and Kashmir and the Indian Union could only be brought about on the recommendation of the Constituent Assembly.
  • The constituent assembly in J&K however ceased to exist after its tenure from 1951-1957.

The situation after 1957

  • The bone of contention lies between the petitioners and SC that how Article 370(3) would work post 1957 when the constituent assembly ceased to exist in J&K.
  • The questioning included whether the provision which gives power to the President to notify that the said provision ceased to operate would still remain?

To protect the integrity and rights of the people without compromising the sovereignty of India as a union of states, the petitioners along with the government and SC should balance the critical juncture that is not to promote regionalism or to create disharmony among the people of Jammu and Kashmir.

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