Question Details

Abrogation of Article 370's special status for Jammu and Kashmir occurred via:

Options

A

Presidential Order under Article 370(3)

B

Parliamentary amendment under Article 368

C

Presidential Ordinance

D

Article 356 Order

Show Answer

Correct Answer :

Option A

Presidential Order under Article 370(3)

Solution :

The correct option is Presidential Order under Article 370(3).

Step-by-Step Explanation:

1. Background of Article 370:
Article 370 of the Constitution of India granted special autonomous status to the state of Jammu and Kashmir. Clause (3) of Article 370 contained a specific provision that allowed the Article to be rendered inoperative or amended by a notification issued by the President of India.

2. Mechanism Used for Abrogation:
On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370(1). This order superseded the 1954 Presidential Order and modified Article 367 (which relates to interpretation) so that the phrase "Constituent Assembly of the State" in Article 370(3) was to be read as "Legislative Assembly of the State".

3. Final Declaration under Article 370(3):
Since Jammu and Kashmir was under President's Rule under Article 356 at that time, the powers of the State Legislative Assembly were exercised by the Indian Parliament. Consequently, Parliament passed a statutory resolution recommending the abrogation of Article 370. Based on this recommendation, the President issued a subsequent order—Declaration under Article 370(3) of the Constitution (C.O. 273)—officially declaring that all clauses of Article 370 ceased to be operative except for a modified version declaring the Indian Constitution applicable in full to Jammu and Kashmir.

4. Conclusion:
Thus, the special status of Jammu and Kashmir under Article 370 was abrogated through a Presidential Order under Article 370(3).

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