Article 370 - Jammu and Kashmir

Q.  Which of the following is/are true regarding Article 370?

1) The Centre can revoke Article 370 which provides special status to Jammu and Kashmir, unilaterally.
2) It does not ratification by half of the states.
- Published on 14 Jul 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Neither 1 nor 2
 
  • According to the clause 3 of Article 370, The President may, by public notification, declare that this article shall cease to be operative, provided that he receives the recommendation of the Constituent Assembly of the State (J&K).
  • Thus, Article 370 can be revoked only if a new Constituent Assembly of Kashmir recommends revocation.
  • Since the last Constituent Assembly was dissolved in January 1957 after it completed the task of framing the state’s Constitution, so if the parliament agrees to scrap Article 370, a fresh constituent Assembly will have to be formed.
  • The constituent Assembly will consist of the same MLAs elected to the State Assembly. Thus the Centre cannot repeal Article 370 without the permission of J&K State.

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