Jammu and Kashmir will also be “reorganised,” said Home Minister Amit Shah as talk builds of the state being trifurcated into three distinct areas – Jammu, Kashmir and Ladakh
Here are five points to know about Article 370:
- As per the Constitution, Article 370 is a “temporary provision” granting special autonomous status to Jammu and Kashmir, including allowing it its own constitution and flag.
- Under Article 370, only Article 1 (and Article 370 itself) of the Constitution applies to Jammu and Kashmir, meaning the centre’s ability to frame and enact laws affecting the state is limited.
- The centre needs state approval to pass legislation on any subject, with the exception of a those in subjects like Defence and External Affairs.
- Contained within Article 370 is Article 35A, which allows the state to define who it acknowledges as permanent residents and confers special rights, such as government jobs and owning property in the state.
- Under Article 370, the centre can only declare an emergency in the state in case of war or external aggression; this rules out doing so for internal disturbances, unless made specifically at the request of the state government
Source: NDTV INDIA
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