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This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. Historically, the state of Jammu and Kashmir was accorded a status different from other States owing to an explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). [1]
Article 4 is invoked when a law is enacted under Article 2 or 3 for the marginal, incidental and the consequential provisions needed for changing boundary of a state or union territory. As per Article 4 (2), no such law framed under Article 4 (1), shall be deemed to be an amendment of the constitution for the purposes of article 368.
However, it faces challenges, such as the logistical complexities of conducting elections on such a large scale and concerns over the potential impact on the federal structure of governance. The proposal continues to spark significant debate among political parties, constitutional experts, and the general public in India.
Elections for the Constituent Assembly of the Indian state of Jammu and Kashmir were held in September–October 1951. [1] Sheikh Abdullah was appointed the Prime Minister of Jammu and Kashmir. Following frictions with various groups such as the Jammu Praja Parishad, Abdullah was dismissed in August 1953 and imprisoned.
A map of the disputed Kashmir region showing the areas under Indian, Pakistani, and Chinese administration. On 5 August 2019, the government of India revoked the special status, or autonomy, granted under Article 370 of the Indian constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute ...
Union of India (A.I.R. 1967 S.C. 944), the Supreme Court held that power to reduce the total number of members of Legislative Assembly below the minimum prescribed under article 170 (1) is implicit in the authority to make laws under article 4. Article 169 empowers Parliament to provide by law for the abolition or creation of the Legislative ...
On 4 June 1959, shortly after the Nagpur session of the Indian National Congress, C. Rajagopalachari, [54] along with Murari Vaidya of the newly established Forum of Free Enterprise (FFE) [55] and Minoo Masani, a classical liberal and critic of socialist leaning Nehru, announced the formation of the new Swatantra Party at a meeting in Madras. [56]
The Indian National Congress rejected the act, however some leaders such as Annie Besant, G. S. Khaparde, Bipin Chandra Pal, Surendranath Banerjee, Vithalbhai Patel, Motilal Nehru, Narsimha Chintaman Kelkar and Tej Bahadur Sapru accepted the Act and were ready to cooperate with the government.