Which two articles of the Constitution were scrapped with the introduction of the Jammu & Kashmir Reorganisation Act, 2019?

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JKSSB SI Official Paper (Held On: 13 Dec 2022 Shift 1)
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  1. Articles 370 and 371
  2. Articles 35 and 36
  3. Articles 370 and 35(A)
  4. Articles 371 and 36

Answer (Detailed Solution Below)

Option 3 : Articles 370 and 35(A)
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Detailed Solution

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The Correct answer is Articles 370 and 35(A).

Key Points

  • Article 370 granted special autonomy to the state of Jammu and Kashmir, allowing it to have its own constitution, flag, and autonomy over internal matters except for defense, communications, finance, and foreign affairs.
  • Article 35(A) was a provision that allowed the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide them with special rights and privileges.
  • The Jammu & Kashmir Reorganisation Act, 2019, led to the abrogation of Articles 370 and 35(A), thereby reorganizing the state into two Union Territories: Jammu and Kashmir, and Ladakh.
  • This act was implemented on October 31, 2019, which is celebrated as National Unity Day in India.
  • The abrogation aimed to integrate Jammu and Kashmir more closely with the rest of India, ensuring that Indian laws apply uniformly across all states and Union Territories.

 Additional Information

  • Article 370
    • Article 370 was included in the Indian Constitution as a 'temporary provision' to grant special autonomous status to Jammu and Kashmir.
    • It was drafted in Part XXI of the Indian Constitution: Temporary, Transitional and Special Provisions.
    • This article was originally designed to ensure that Jammu and Kashmir's autonomy was maintained while it acceded to India.
  • Article 35(A)
    • Article 35(A) was incorporated into the Constitution through a Presidential Order in 1954.
    • This article granted special privileges and rights to the permanent residents of Jammu and Kashmir, including the right to own property, settle, and work in the state.
    • It was a subject of much debate and controversy, as it was perceived to discriminate against non-permanent residents.
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