Under Article 370(3), the President could declare that the article shall cease to be operative only on the recommendation of:
- A.Both Houses of Parliament
- B.The Governor of the State
- C.The Constituent Assembly of the State
- D.The Supreme Court of India
Correct answer
Explanation
The correct answer is C, the Constituent Assembly of the State. The proviso to Article 370(3) said that the President could issue a public notification ending the article only on the recommendation of the Constituent Assembly of Jammu and Kashmir. Because that Assembly dissolved itself in January 1957, the clause was argued to be unusable, and the route taken in 2019 was a presidential order applying the whole Constitution to the State together with a resolution of Parliament. Option A is wrong because Parliament was not named in the proviso, although it passed the statutory resolution in 2019. Option B is wrong because the Governor was only the authority whose concurrence stood in for the State government under President rule. Option D is wrong because the Supreme Court interprets the Constitution and does not recommend amendments; it ruled on the validity of the abrogation only in December 2023.
Read the full article: Article 370: Special Status, Abrogation and J&K Reorganisation
Practice Questions
View allArticle 370 of the Constitution of India was placed in which Part of the Constitution?
- A.Part XVIII
- B.Part XXI
- C.Part XV
- D.Part XIX
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Article 370 was one of the articles of Part XXI of the Constitution, which is titled Temporary, Transitional and Special Provisions, and its marginal heading read Temporary provisions with respect to the State of Jammu and Kashmir.
Read the full explanation →The Instrument of Accession of the princely state of Jammu and Kashmir was signed by Maharaja Hari Singh on:
- A.15 August 1947
- B.26 October 1947
- C.27 October 1948
- D.26 January 1950
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Tribal raiders backed by Pakistan entered the Kashmir valley in the third week of October 1947, and Maharaja Hari Singh of the Dogra dynasty signed the Instrument of Accession on 26 October 1947; Governor-General Lord Mountbatten accepted it the next day, after which Indian troops were airlifted to Srinagar.
Read the full explanation →Which article, inserted by a presidential order of 1954, empowered the Jammu and Kashmir legislature to define the permanent residents of the State and give them special rights?
- A.Article 35A
- B.Article 371A
- C.Article 35B
- D.Article 370A
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The Constitution (Application to Jammu and Kashmir) Order, 1954, issued by the President under Article 370(1)(d), added Article 35A at the end of Part III.
Read the full explanation →The Jammu and Kashmir Reorganisation Act, 2019 came into effect on its appointed day, which was:
- A.5 August 2019
- B.9 August 2019
- C.31 October 2019
- D.26 January 2020
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The Act named an appointed day on which the State of Jammu and Kashmir would cease to exist and the two Union Territories would come into being, and the Union notified that day as 31 October 2019, the birth anniversary of Sardar Vallabhbhai Patel, which is observed as National Unity…
Read the full explanation →Of the two Union Territories created by the Jammu and Kashmir Reorganisation Act, 2019, which one was given no legislative assembly?
- A.Jammu and Kashmir
- B.Ladakh
- C.Both of them
- D.Neither of them
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The Act created the Union Territory of Ladakh without a legislature, administered by a Lieutenant Governor, and carved it out with the two districts of Leh and Kargil; its first Lieutenant Governor was Radha Krishna Mathur.
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