Article-370 Jammu Kashmir

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article 370
  • Introduction
    • According to the constitution of India, Article 370 provides certain provision to the state of Jammu and Kashmir granting it special autonomy.
    • The article says that the provision of Article 238, which was omitted from the Constitution in 1956 when Indian States were reorganized, shall not apply to the state of Jammu and Kashmir.
    • B.R. Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370.
    • In 1949, the then prime minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar (Then law minister) to prepare the draft of a suitable article to be included in the constitution.
    • Except for defence, foreign affairs and communication, all other law passed by Indian parliament need to be passed by Indian Parliament need to be passed by the state government before they are made applicable. This was specified in the Instrument of Accession signed by Maharaja Hari Singh when the agreed to join the Union of India in 1947, instead of going with Pakistan.
    • As a result of this, the citizens of Jammu and Kashmir are governed by state-specific laws which come under the constitution of Jammu and Kashmir, instead of those for the rest of India.
    • This article, along with Article 5 that defines of contours of jurisdiction of Indian Parliament regarding lawmaking for the state, cannot be amended.
    • The 1952 Delhi Agreement also specified that the state should have its own flag in addition to the Union flag and they should have the same status.
    • This arrangement was further ratified by the 1974 agreement between the then Prime Minister Indira Gandhi and the then Jammu and Kashmir Prime Minister Sheikh Abdulla (appointed by Hari Singh).
    • It was agreed that head of state called Sadar-i-Riyasat (or the Prime Minister) was to be elected by the state legislature.
    • The agreement apposed imposition of Article 352, empowering the president to proclaim general emergency in the state.

     

    Detail Explanation

    • Article 370 of the Indian constitution deals with the special status given to the states of Jammu and Kashmir.
    • It provides a fairly high degree of autonomy to the state, enables the state to have its own constitution (unique in an Indian context) which permits the state to give some special privileges to its “Permanent residents”.
    • One such special privilege is that only a permanent resident is that only a permanent resident can land in the state and citizens from other Indian state face some restrictions.

     

    What is Article – 370

    • Jammu and Kashmir’s citizens have dual citizenship.
    • Jammu and Kashmir’s national flag is different.
    • Jammu and Kashmir’s legislative assembly’s term is 6 years whereas its 5 years for the States of India.
    • The orders of the Supreme Court of India are not valid in Jammu – Kashmir.
    • Parliament of India may make laws in extremely limited areas in terms of Jammu and Kashmir.
    • In Jammu – Kashmir, if a woman marries a person of any other States of India, citizenship to the female ends.
    • If a woman marries a man in other Indian States, She loses her citizenship, whereas if any woman marries a Pakistani, She will be entitled to have a citizenship of Jammu and Kashmir.
    • Because of Section 370, RTI does not apply in Kashmir, RTE is not implemented and CBI-CAG does not apply. Indian laws are not applicable.
    • Shariat law is applicable to women in Kashmir.
    • There are no rights to panchayats in Kashmir minorities in Kashmir (Hindu-Sikh) does not get 16% reservation.
    • Due of section 370, Outsiders cannot own land in Kashmir.
    • Indian parliament doesn’t have any major rights over Kashmir it can only control issues of defence international relations and communication.

     

    History of Article – 370

    • At the time of independence it was argued that Kashmir was not ripe enough for integration and felt a need to keep it exempted from the basic fundamental right. This was the main reason for the insertion of Article 370.
    • The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru.
    • Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the constitution. He wanted, ‘Iron clad Autonomy’ for the state, which centre didn’t comply with.

     

    Provision of Article – 370

    • Under Article 370, the centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression.
    • The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

     

    Temporary Provision – The article come with a tag that said it was temporary giving hope that the state would also be integrated with time, however the day sadly has not yet come. The main clause for repealing this article was when there would be real peace and also when the people of the state approved of this arrangement.

     

    Special Provision – Along with Article 35A of the Indian constitution, it allows the state to prefer the Jammu and Kashmir “Citizens” for.

    • Employment under the state government.
    • Acquisition of immovable property in the state.
    • Settlement in the state.
    • Right to scholarships and such other form of aid as states government may provide.

     

    Pros & Cons

    Pros: –

    • The major advantages which residents of Jammu and Kashmir enjoys, is that no outsider is allowed to purchase land in Jammu and Kashmir. This is a big advantage as is protects lands of peoples from outsiders like rich businessman.
    • It’s not easy for outsider to operate their business here. This helps local residents in making more profit. It also reduces competition.
    • It has contained population blast in Jammu and Kashmir. Except the city of Jammu. There is very less population in other area.
    • It has contained prices of real estate. If article 370 is removed then the prices of property will go very high.

     

    Cons: –

    • Lack of Medical facilities. No Single private hospital is there in Jammu which includes adjoining districts.
    • Terrorism in state is because of 370 and because of Pakistan’s claim over Kashmir.
    • Lack of basic modern facilities like high speed internet, 24 hours electricity, 24 hours water supply.
    • Less competition makes the progress of students slow and dull.
    • No opportunity for state student’s to appear in other state exams.
    • No industrial sector available.
    • Jammu is always ignored in comparison to Kashmir just because it’s an international issue.
    • It has hindered the progress of our state to a large extent.
    • Corruption is much more in Jammu and Kashmir then from others because of special status and laws.
    • Only Muslim can become chief minister of Jammu and Kashmir, no Hindu can become CM of Jammu and Kashmir.
    • It has reduced the participation of non Muslim community in politics and other spheres.
    • Education has suffered a lot due to this.
    • Less GDP as well as revenue.
    • Less jobs and unemployment are the major problems due to this article.
    • Lacks of control of Government of India and their policies on our state.

     

    The Repealing of the Article – 370

    • The Article states under the clause 3 that the president may declare this article shall cease to be operative by public notification after recommendation of the constituent assembly of Jammu and Kashmir and is willing to recommend its revocation.

     

    Gender Bias

    • Many claim to have a negative through about the Article 370 as it disqualifies women from the state of property rights.
    • However it is less known that the article itself was gender neutral but the definition of permanent residents in the State constitution-based on the notifications issued in April 1927 and June 1932 during the Maharajah’s rule was thought to be discriminatory.

     

    Some Kay Points

    • Article 370 was eventually written by Gopalaswami Ayyangar. This article gives special status and autonomy to Jammu and Kashmir.
    • Because of Article 370, the Indian Parliament cannot increase or reduce the borders of the state in any way and the state is exempted from the complete applicability of the Constitution of India. The state is permitted to have its own constitution.
    • Central legislative powers over the state are reduced to just three subjects of defence, foreign affairs and communications.
    • Other constitution provision of the central Government is applicable in the only if the State Government gives nod to it.
    • The Article 370 could be abrogated or amended only if the State’s constituent Assembly makes recommendation for its.