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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 ...
Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions". [8] It stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian constitution would apply to the state. The state assembly could also abrogate the Article 370 ...
Article 371H: Special provisions for the state of Goa, ensuring equitable opportunities in education and public employment and safeguarding its Konkani language and culture. Article 371-I: Special provisions for the state of Maharashtra and Gujarat, providing for equitable opportunities in education and public employment for certain regions.
This special, entrenched process is triggered when an amendment to the Constitution specifically concerns the States by modifying the legislature or the powers reserved to the states in the Seventh Schedule. When this occurs, an amendment must be ratified by a majority of state legislatures for the amendment to go into effect.
SEBCs, which includes the groups commonly known as Other Backward Classes (OBCs), are communities for which the State can provide "special provisions" or affirmative action in India. In May 2021, the Supreme Court held that the 102nd Constitutional Amendment, 2018 had taken away the State governments' powers to recognise SEBCs. [1]
The coverage formula, contained in Section 4(b) of the Act, determines which states are subject to preclearance. As enacted in 1965, the first element in the formula was whether, on November 1, 1964, the state or a political subdivision of the state maintained a "test or device" restricting the opportunity to register and vote.
The Bill, passed by the required majority, is then presented to the President who shall give his/her assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although there is no prescribed ...
(5) Nothing in this article or in sub-clause (g) of clause (1) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes insofar as such special provisions relate to their admission to ...