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UPSC Dictionary

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India's 'Neighbourhood First' policy prioritizes relations with SAARC nations, while 'Act East' focuses on ASEAN engagement.

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UPSC Dictionary

Jammu and Kashmir

Jammu and Kashmir is a Union Territory (UT) of India, which came into existence on October 31, 2019, following the bifurcation of the erstwhile State of Jammu and Kashmir. Its origin as a distinct political entity traces back to the princely state that acceded to India on October 27, 1947, after its ruler, Maharaja Hari Singh, signed the Instrument of Accession. This accession led to the creation of Article 370 in the Indian Constitution, a temporary provision included in Part XXI that granted the state a special status, allowing it to have its own constitution and restricting the application of Central laws.

The current structure is governed by the Jammu and Kashmir Reorganisation Act, 2019, an Act of Parliament that reorganized the former state into two UTs: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature). The Act abolished the state's Legislative Council and made over 100 Central laws applicable to the new UTs, while repealing 153 state laws. The UT of Jammu and Kashmir is administered under Article 239 and Article 239A of the Constitution, with a Lieutenant Governor appointed by the President. It has a Legislative Assembly that can make laws on matters in the State List, except for "Police" and "Public Order," which remain under Union control.

This change was preceded by a Presidential Order on August 5, 2019, which effectively rendered Article 370 inoperative, thereby revoking the special status. The constitutional validity of this abrogation was unanimously upheld by the Supreme Court of India on December 11, 2023, in a judgment that held Article 370 was a temporary provision intended to ease the state's accession. The concept connects directly to the Instrument of Accession, the now-defunct Article 35A (which defined permanent residents), and the ongoing political process of restoring statehood, which the Supreme Court directed the Union government to do at the earliest.

References

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