Special Status of Jammu and Kashmir- Features of Article 370

Article 370 and its features. Provision of special Status of Jammu and Kashmir in Indian Constitution useful for Indian Polity Section in UPSC IAS Exams and APPSC Bank Po Exams. After independence Pakistan attempted to annex the State militarily. Meanwhile, the Maharaja signed the Instrument of Accession with India along with certain concessions for the autonomy of the State. This special status of the State is enshrined in Art. 370 of the Constitution. Article 370 is not an anomaly but an exciting example of the infinite possibilities of federal and con-federal governance in India 

The important features of the Special status are as follows: 

1. The State has its own Constitution. This also implies that ‘dual citizenship’ principle is followed in this State. 
2. Contrary to the case with the other States, the residuary power lies with the Legislature of the Jammu & Kashmir (and not the Parliament).
3. No Constitutional Amendment Act passed by the Parliament is applicable to J & K unless it is extended so by a Presidential order  
4. The national emergency proclaimed only on the ground of war or external aggression shall have automatic extension to the State of Jammu & Kashmir. 
   
5.  No proclamation under Art.352 (National Emergency) can be applied to J & K without the concurrence of the State Government.This means that the national emergency proclaimed on the ground of armed rebellion shall not have automatic extension to J& K. 
6. The Directive Principles of State Policy do not apply to J & K and the Fundamental Right To Property still exists in the State. Article 35A of the adapted Union Constitution empowers the Jammu and Kashmir legislature to define its `permanent residents' and limit the rights to settlement and owning immovable property.  Arts. 19 (1) (f) and 31 (2) have not been abolished for this State and hence ‘right to property’ still stands guaranteed to the people of Jammu & Kashmir. 

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50+ Important Organisations and their founders in Indian History

Important Organisations and their founders in Indian History

Movement/Organisation	Founder
Abhinav Bharat	Vir Savarkar
Aligarh movement	Sir Syed Ahmed Khan
Amnesty International	Peter Benenson
Arya Samaj	Dayanand Saraswati
Bahiskrit Hitkarni Sabha	Dr BR Ambedkar
Bhartiya Vidya Bhavan	Kanhaiyalal Maneklal Munshi
Brahmo Samaj	Raja Ram Mohan Roy

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Political Defections/ Anti-Defection Law of 10th Schedule

Anti-Defection Law and the provisions of disqualification

Purpose of Law: To discourage the practice of defection of members from one party to another after their election, the Constitution 52nd Act, 1985 was enacted by the Parliament.

The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution in 1985 by the Rajiv Gandhi Government.

This Act Amendments Article:

Article 102- regarding Members of either Houses of Parliament - a person shall be disqualified for being a member of the state Legislature if he is so disqualified under the Tenth Schedule.

Article - 191 - regarding Members of state legislatures - a person shall be disqualified for being a member of the state Legislature if he is so disqualified under the Tenth Schedule.

What are the grounds for disqualification under the Anti-Defection Law's Articles 102 (2) and 191 (2)?

a) If an elected member voluntarily gives up his membership of a political party;

b) If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.

As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident.

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