ARTICLE 370 (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     5th October 2023        
Samadhaan

Context: Recently, the voting for the fifth Ladakh Autonomous Hill Development Council (LAHDC)-Kargil took place, marking the first elections in Ladakh following the revocation of Article 370.

Article 370 and its Removal

  • Background: The Constituent Assembly of Jammu & Kashmir (through Article 370) was empowered to recommend which articles of the Indian Constitution should apply to the state.
  • Clause 3 of the article 370 gives the President of India the power to amend its provisions and scope.
  • Removal of Article 370:

o Amendments were made to make applicable the entirety of India’s Constitution to Jammu and Kashmir (J&K).

o It was done when the State was under President’s Rule with no elected Legislative Assembly in place.

o In 2019, the Constitution (Application to Jammu and Kashmir) Order 2019, issued by the President, withdrew the special status of J&K and extended all provisions of the Indian Constitution to J&K.

o The J&K (Reorganisation) Act 2019 bifurcated J&K into two UTs - J&K was an UT with a Legislative Assembly; Ladakh was without an Assembly.

Ladakh Autonomous Hill Development Council

  • LAHDC, Leh was constituted in accordance with the Ladakh Autonomous Hill Development Council Act, 1995.
  • The Council came into being with the holding of elections on August 28,1995.
  • The democratic constitution of the Council has heralded democratic decentralization of planning process with the involvement of people at the grass root level.
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