Which article is removed from the Indian Constitution?
VerifiedAnswer: Article 370 (special status of J&K)
Explanation:
Article 370 was a special constitutional provision that granted significant autonomy to the former state of Jammu and Kashmir. This article was unique because it allowed J&K to have its own constitution, flag, and laws, making it different from other Indian states. However, this article was effectively revoked on August 5, 2019, making it the most notable article removed from the Indian Constitution.
The removal process was carried out through a presidential order issued under Article 370(3), which stated that the President could declare the article inoperative. The government argued that this provision was always meant to be temporary and that its removal would lead to better integration of J&K with the rest of India.
Key features of Article 370 before its removal included:
• J&K had its own constitution alongside the Indian Constitution • Only certain subjects like defense, foreign affairs, and communications were under the Union's jurisdiction • Indian citizens from other states could not buy land or property in J&K • Special citizenship provisions existed for J&K residents
Along with the removal of Article 370, Article 35A was also abolished. Article 35A gave the J&K legislature power to define permanent residents and their special rights. Additionally, the state was bifurcated into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).
This constitutional change was significant because it marked the first time such a major article was removed from the Indian Constitution. The decision faced both support and criticism, with the government stating it would promote development and integration, while critics argued about the constitutional validity of the process. The matter remains a subject of legal challenges in the Supreme Court.
Understanding this topic is important for students as it represents a landmark moment in Indian constitutional history and demonstrates how constitutional provisions can be modified under specific circumstances, though such changes are rare and require careful legal procedures.
