ARTICLE 370 OF THE INDIAN CONSTITUTION

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INDIAN CONSTITUTION

Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India and Pakistan since 1947. From 17 November 1952 to 31 October 2019, India governed Jammu and Kashmir as a state, and Article 370 granted it the authority to establish a separate constitution, a state flag, and internal administrative autonomy.

Article 370

Indian Constitution, Article 370 was a temporary provision that provided special status to the State of Jammu and Kashmir. Article 370 was temporary in the sense that the constituent assembly of Jammu and Kashmir had the right to modify, delete or retain it, and it was considered to be temporary only till a plebiscite was held to ascertain the public opinion

The temporary provision of this Article is derived from Part XXI of the Constitution under the title “Temporary, Transitional and Special provisions” which grants special status to the State of Jammu and Kashmir. This article was inserted in the Indian Constitution on October 17th 1949.

Removal-ARTICLE 370

In accordance with the authority afforded by Clause (1) of Article 370 of the Indian Constitution, the President of India issued the Constitution (Implementation to Jammu and Kashmir) Order, 2019 on August 5, 2019, repealing the special status previously accorded to Jammu and Kashmir.

Jammu and Kashmir no longer has its own constitution, flag, or anthem, and its population no longer has dual citizenship as a result of the repeal of Article 370. Jammu and Kashmir now abide by all legislative amendments made by the parliament, including the Right to Information Act and the Right to Education Act.

Now that Article 370 has been abolished, Jammu & Kashmir is fully covered by the Indian Constitution and all 890 Central legislation. Jammu and Kashmir was seen as being a part of India in both letter and spirit after Article 370 was repealed. The Indian Constitution’s Article 370 was viewed as a temporary and ineffective provision that needed to be repealed.

What is the history Behind Article 370

After Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir

signed the Instrument of Accession on October 26, 1947, the state became a part of the Dominion of India. Article 370 of the Indian Constitution states that J&K is covered only by Articles 1 and 370.

The President, in consultation with the state government, was to make the decision about the application of Other Articles. The Constitution Order of 1950 outlined the themes on which the Union Parliament would have the authority to adopt legislation for Jammu & Kashmir in accordance with the Instrument of Accession; 38 topics from the Union List were included.

The Instrument of Accession, which Maharaja Hari Singh, the former monarch of J&K, signed in 1947, gave rise to Article 370. Jammu and Kashmir were exempted from the Indian constitution by Article 370 of the Indian constitution, which was enacted on October 17, 1949, as a “temporary clause,” allowing the state to create its own constitution and restricting the legislative authority of the Indian Parliament

in the territory.

In the draught constitution, it was proposed as Article 306A by Sir Narasimha Gopalaswami Ayyangar. The Jammu and Kashmir Constituent Assembly was dissolved after creating the state constitution, and on January 25, 1957, it did so without endorsing either the abrogation or revision of Article 370, leaving the clause’s status in doubt

Advantages and Disadvantages of the Article

India as a whole is now gathered. There is no distinct constitution for Indians and Kashmiris. Everyone will adhere to the motto “one nation, one constitution”
After Article 370 is repealed, Kashmiris can work in the Indians’ newly established firms and make good money. Creating more jobs will inevitably lower crime. The Kashmiris will also benefit economically if they sell their lands to the Indians on a leasing basis.
Private business owners can establish factories in Kashmir, creating jobs for Kashmiris and Indians. The fact that 40% of Kashmiris lack jobs is the main cause of the rise in crime in the valley. Antisocial acts will decline as private investors begin to invest in Kashmir. Land prices will rise, enabling Kashmiris to make significant gains.
Article 370’s elimination helps the people of Kashmir since it allows them to join the rest of India. Both they and Indians have the right to be a part of Kashmir. They are able to apply for scholarships for school. There is government employment available for them in Kashmir

Disadvantages

According to Kashmiris, who categorically deny knowing that the Indian government intended to repeal Article 370. Separately, this was withdrawn without the J&K government’s consent and without warning. On August 5th, 2019, the internet was shut off, hundreds of troops were summoned, landlines were disconnected, and even Kashmiri lawmakers were placed under house arrest. The Kashmiris were abruptly forced to accept this decision after being locked inside their homes. This choice was made after the State Assembly of Jammu and Kashmir was disbanded and President’s rule was implemented in Kashmir.
Jammu and Kashmir previously had a special status that was lowered as a result of Article 370. However, it has now descended to a status below normal and has been designated a Jammu and Kashmir union territory. Union territories have significantly lower levels of democracy than regular states, and as a result, the federal government will now have much more power over the territory.
The Kashmiris would be able to choose the state administration after Article 370, but their rights will not be the same as they are now. In J&K, democracy will now suffer. The decision is not being fully accepted by the people of Kashmir, which will eventually lead to more political and social tensions. This choice won’t be implemented unless the Kashmiri population desires to assimilate with Indians.
The people of Kashmir believe that their demands are being ignored. The imposition of Article 370 on Kashmir was unlawful, and thus amounts to deceiving the Kashmiris. The Indian leaders are not even paying attention to the democratically elected J&K lawmakers. 370 were eliminated from the constitution during a time when there was no state assembly. It is considered cheating because the public was informed that 10,000 troops had been sent to the Kashmir Valley because there was a possibility of a terrorist attack.