Question

Article 370, which granted special status to Jammu and Kashmir, was abrogated by which constitutional mechanism?

• A. Presidential Order under Article 370(3)
• B. Amendment by Parliament under Article 368
• C. Ordinance by the President
• D. Order under Article 356

Answer 1

Answer:

A. Presidential Order under Article 370(3)

Constitutional Mechanism for Abrogation of Article 370

The abrogation of Article 370, which conferred special status upon Jammu and Kashmir (J&K), was carried out through a Presidential Order. Specifically, it was done using the powers vested in the President under Article 370(3) of the Constitution of India.

Key Aspects of the Process:

• Presidential Order: The President of India, exercising powers under Article 370(3), issued the Constitution (Application to Jammu and Kashmir) Order, 2019. This order superseded all previous constitutional orders related to J&K.

• Article 370(3): This clause stated that the provisions of Article 370 could cease to be operative or could be applied with modifications and exceptions, by way of notification by the President. However, it required the recommendation of the Constituent Assembly of the State.

• Constituent Assembly of J&K: Since the Constituent Assembly of J&K had ceased to exist after it had finalized the Constitution of Jammu and Kashmir in 1957, the Presidential Order invoked the interpretation that the 'Constituent Assembly' could be substituted by the 'Legislative Assembly' of the State.

• Parliamentary Resolution: Prior to the Presidential Order, the Union Cabinet recommended that the President should exercise his powers under Article 370(3). Subsequently, both Houses of Parliament passed resolutions approving this recommendation. This was considered by the government as fulfilling the requirement of recommendation from the 'Constituent Assembly' in its absence, given that the J&K Legislative Assembly was dissolved at the time, and the Governor was acting on behalf of the people.

• Effective Date: The Presidential Order, Constitution (Application to Jammu and Kashmir) Order, 2019, came into effect on August 5, 2019.

• Consequences: This Presidential Order effectively removed the special status of Jammu and Kashmir and brought it at par with other Indian states. Subsequently, J&K was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh, through the Jammu and Kashmir Reorganisation Act, 2019.