Article 370 India’s Internal Matter: MHA


SRINAGAR: No foreign government or organisation has any “locus standi’ in matters relating to the Constitution of Jammu and Kashmir and these are internal and entirely for the Parliament to deal with, Union Home Ministry said on Wednesday. 

It reiterated that Article 370, which provides for special status to Jammu and Kashmir, is a temporary provision in the Constitution and Article 35A, which gives special rights to the natives of the state, was added through a Constitution order issued by the President of India.

MOS Home G Kishan Reddy told Rajya Sabha that at present, Article 370 is contained as a temporary provision with respect to Jammu and Kashmir in Part XXI (Temporary, Transitional and Special Provisions) of the Constitution.

“At present, Article 35A is contained in the Constitution (Application to Jammu and Kashmir) Order, 1954 which was added through the Constitution Order issued by the President of India under Article 370,” he said in a written reply.

Reddy said Jammu and Kashmir is an integral part of India and matters relating to the Constitution are internal and entirely for the Parliament to deal with.

“No foreign government or organisation has any locus standi in the matter,” he said.

The reply came in response to a question on whether the government is going to repeal articles 370 and 35A and whether repeal of these articles in any way violate United Nations regulations or any international obligation of the country.  

Executive, Legislative Powers Of J&K Are ‘Limited’: GoI

The executive and legislative powers of Jammu and Kashmir are “limited”, government of India told parliament on Wednesday.

“Though the Constitution of Jammu & Kashmir is in existence since 17th November 1956, the executive and legislative powers of the State are limited to matters other than those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India,” said Ravi Shankar Prasad, minister of law & justice, communications and electronics & information technology.

“Provisions of the Constitution of India are made applicable to the State of Jammu and Kashmir from time to time, based on consultation / concurrence of the State Government, as required,” Prasad added.

He was responding the clubbed questions by Santosh Kumar of Janata Dal (United) and Vijay Kumar Dubey Bharatiya Janata Party (BJP), seeking details of steps taken or to be taken to “remove constitutional anomalies prevailing especially in J&K since the independence.”

They also wanted to know whether the Government has any proposal to address the “problem of one nation two Constitution concept in the country in near future.”

Be Part of Quality Journalism

Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast.



Observer News Service

Leave a Reply

Your email address will not be published.