Consider the following statements with regard to Article 370 1 The power of the Parliament to ...........

Indian Polity Indian Parliament

Consider the following statements with regard to Article 370: 1. The power of the Parliament to make laws for Jammu and Kashmir is limited to foreign affairs and defence only. 2. Article 370 cannot be repealed since it forms the basic structure of the constitution. Which of the statements given above is/are correct?

1 only

2 only

both

none

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Explanation:

Article 370 is a temporary provision granting special autonomous status to Jammu and Kashmir. Article 370 specifies that except for Defence, Foreign Affairs, and Communications the Indian Parliament needs the State Government’s concurrence for applying all other laws. There is no State list for the State of Jammu and Kashmir. At the same time, while in relation to the other States, the residuary power of legislation belongs to Parliament, in the case of Jammu and Kashmir, the residuary powers belong to the Legislature of the State except some matters that affect the integrity of the nation. The As per the 3rd clause in the Article, Article 370 could be abrogated or amended by a Presidential Order only upon the recommendation of the State's Constituent Assembly.