- A) Article 370 of the Constitution of India has not been repealed. This statement can be considered technically correct. Article 370 was not repealed by a constitutional amendment under Article 368. Instead, it was rendered inoperative by a Presidential Order (C.O. 272) issued under Article 370(3) itself, as modified by C.O. 272. The term used is "shall cease to be operative". - B) Article 370 of the Constitution of India is no more a part of the Constitution of India. This statement is incorrect. The text of Article 370 remains in the Constitution of India under Part XXI (Temporary, Transitional and Special Provisions), although official versions note that it has "Ceased to be operative". It has not been removed from the written text of the Constitution. - C) Jammu and Kashmir has become a Union Territory by amending the Constitution of India. This statement is incorrect. The state of Jammu and Kashmir was reorganized into two Union Territories (Union Territory of Jammu and Kashmir and Union Territory of Ladakh) by the Jammu and Kashmir Reorganisation Act, 2019, which is an Act of Parliament, not a constitutional amendment. - D) The status of Jammu and Kashmir as a Union Territory is not identical with that of Delhi. This statement is correct. Both J&K and Delhi are Union Territories with a legislature, but their specific powers and the constitutional provisions governing them (Art 239AA for Delhi, and the Reorganisation Act for J&K) are different. For example, police powers are handled differently.
Which one of the following statements is not correct?
Asked in UPSC Combined Section Officer 2019 20 · Topic: Temporary Special Provisions (Article 370: Special Status of Jammu and Kashmir (historical context and abrogation))
Show answer
Answer: C. Jammu and Kashmir has become a Union Ter‐ ritory by amending the Constitution of India.
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