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A Brief Summary: Article 370

Jammu and Kashmir became independent on 15 August 1947, with the end of British rule. The ruler of this place, Maharaja Harisingh, decided that he would not join India or Pakistan and would remain independent. But after the invasion of the state by the Pakistan-backed Azad Kashmir Army on 20 October 1947, the ruler there decided to merge the state with India. Under this, on 26 October 1947, the ‘Letter of Merger of Jammu and Kashmir in India’ was signed by Pandit Jawaharlal Nehru and Maharaja Harisingh. Under this, the state had given up its authority on only three subjects – defense, foreign affairs and communication. At that time, the Government of India had assured that ‘the people of this state will determine the nature and spread of the internal constitution of this state and the jurisdiction of the Indian Union over the state by their own constitution and the Constitution of India until the decision of the state assembly. Only interim arrangements can be made in relation. As a result, Article 370 was included in the Constitution of India. It clearly stated that the state provisions related to Jammu and Kashmir are only temporary and not permanent. It operated from 17 November 1952.

Why did Article 370 need a change?

Article 370 was added to the Indian Constitution to provide autonomy to Jammu and Kashmir. But it failed to do good to Kashmiris. Because of this Kashmir has been suffering from extremism and violence for a long time. It has worked to widen the gap between Kashmir and the rest of India. Due to this, India’s security challenges from neighbors like Pakistan and China were getting complicated.

Current decision of the Center on Article 370

Now only clause-1 of article-370 will remain in force, the remaining clauses are abolished. The main features of which are as follows –

• Clause-1 is also implemented by the President and can also be removed by the President.

• Jammu and Kashmir is not privileged.

• Single citizenship.

• One Nation One Flag.

• Article 360 ​​(Financial Emergency) now in force.

• People from other states can buy land in Jammu and Kashmir.

• Union Territory rating of Ladakh and Jammu Kashmir separately.

• Tenure of Jammu and Kashmir Legislative Assembly – 5 years.

RTI and Human Rights Rules apply.

What is in the future womb?

For the upliftment of Kashmir, a strategy of about 10 years should be implemented for education and employment. The Gandhian way of non-violence and peace must be adopted to solve the crisis of legitimacy in Kashmir.

The government can reduce the challenges posed by the removal of Article 370 by launching a comprehensive coverage program for all Kashmiris. In this context, to solve Kashmir problem, Atal Bihari Vajpayee’s design of Kashmiriyat, Insaniyat, Jamhooriyat (inclusive culture of Kashmir, Humanism and democracy) should be made the foundation for reconciliation in the state.

Incorporated into the Constitution on October 17, 1949, Article 370 exempts Jammu and Kashmir from the Indian Constitution (except Article 1 and Article 370 only) and allows the State to draft its Constitution. It restricts the legislative powers of Parliament in relation to Jammu and Kashmir. Also, a provision was made that “consultation” with the state government would be required to extend the central legislation on the subjects covered by the Instrument of Access (IoA).

It was considered an interim arrangement until a final solution to the Kashmir issue was achieved by involving all stakeholders. It grants autonomy to the state and allows it to grant certain privileges to its permanent residents. Emergency provisions do not apply in the state on the basis of internal disturbance without the consent of the state. The name and boundaries of a state cannot be changed without the consent of its legislature.

The state has its own separate constitution, a separate flag and a separate penal code (Ranbir Penal Code). The term of the State Legislative Assembly is six years, while in other states the term is five years. The Indian Parliament can only pass laws regarding Jammu and Kashmir in matters of defense, foreign affairs and communications. Any other law made by the Union will be applicable only in Jammu and Kashmir with the order of the President only when the consent of the State Legislative Assembly. The President can, by public notification, declare that this article cannot be implemented until the State Legislative Assembly recommends it.

Instrument of Access (IoA)

IoA came into practice when British India was divided into India and Pakistan according to the Indian Independence Act, 1947.

According to the Act, there were three options – to remain an independent country, join the Dominion of India or join the Dominion of Pakistan and ‘IoA’ was to join either country.

Key terms

Accordingly, the Parliament of India was given the power to make laws only in respect of Jammu and Kashmir on defense, foreign affairs and communications.

• Kashmir joining India

• Raja Hari Singh had initially decided to remain independent but after the invasion of Pakistan, he sought help from India, in return for which Kashmir was included in India.

Hari Singh signed the Instrument of Accession on 26 October 1947 and was accepted by Governor General Lord Mountbatten on 27 October 1947.

• It was India’s declared policy that wherever there was a dispute, it should be decided according to the wishes of the people rather than a one-sided decision of the ruler of the princely state.

How was Article 370 implemented?

The original draft was given by the Government of Jammu and Kashmir after amendments and negotiations.

Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949.

Was section 370 a temporary provision?

This is the first article of Part XXI of the Constitution. This section is titled ‘Temporary, Transitional and Special Provisions’.

Article 370 is considered provisional in the sense that the Constituent Assembly of Jammu and Kashmir had the right to amend / remove / retain it.

What is the importance of Article 370 for the Indian Union?

Article 370 mentions Article 1, which includes the name of Jammu and Kashmir in the list of states. Article 370 is described as a bridge through which the Constitution is implemented in Jammu and Kashmir. India has used Article 370 at least 45 times to expand the provisions of the Indian Constitution for Jammu and Kashmir.

This is the only way through which through Presidential orders India has virtually reduced the impact of the special status of Jammu and Kashmir.

By the 1954 order, almost the entire constitution had been extended to Jammu and Kashmir, including most of the constitutional amendments.

94 out of 97 entries of the Union List; Of the 47 items in the concurrent list, 26 apply to Jammu and Kashmir. 260 out of 395 articles and 7 out of 12 schedules have been extended in the state.

Therefore, in some ways Article 370 reduces the powers of Jammu and Kashmir compared to other states. It is more useful for India today than in Jammu and Kashmir.

Constitutional status of Jammu and Kashmir

The state of Jammu and Kashmir had a unique position under the Constitution of India. It is part of the territory of India as defined in Article 1 of the Constitution. It is the 15th state included in the first schedule of the Constitution as amended. In the original constitution, Jammu and Kashmir was referred to in Part B (Union Territory specified in the First Schedule) in Article 1 (3). By the State Reorganization Act, 1956, the category of ‘Part-B’ states was abolished. Also, the changes made by the Constitution (7th Amendment) Act, 1956 from the States Reorganization Act, 1956 were implemented and Jammu and Kashmir was included in the list of states of the Union of India.

It may be noted that Jammu and Kashmir was given special constitutional status by Article 370 of the original constitution whereby all the provisions of the Constitution of India which belong to the states of the First Schedule were not applicable to Jammu and Kashmir, although it was in that Schedule Is one of the specified states. But on August 5, 2019, this special status granted to Jammu and Kashmir by the President’s Order has been abolished, so all the provisions will apply to them in the same way as apply to other states. Article-35A was added to the Constitution in May 1954 by order of the President. The order of 1954 by which Article-35A was added to the Constitution was passed by the President under sub-section (1) of Article 370.

Source: Internet

Jammu and Kashmir became independent on 15 August 1947, with the end of British rule. The ruler of this place, Maharaja Harisingh, decided that he would not join India or Pakistan and would remain independent. But after the invasion of the state by the Pakistan-backed Azad Kashmir Army on 20 October 1947, the ruler there…

Jammu and Kashmir became independent on 15 August 1947, with the end of British rule. The ruler of this place, Maharaja Harisingh, decided that he would not join India or Pakistan and would remain independent. But after the invasion of the state by the Pakistan-backed Azad Kashmir Army on 20 October 1947, the ruler there…