- Article 370 mainly allowed Kashmir’s accession to India as it guaranteed special status to the Valley.
- It gave Jammu and Kashmir exemption from the Indian Constition.
- The scrapping of Article 370 would affect the political status of the state.
- India was a legitimate power in Jammu and Kashmir because of this Article. Once it’s gone, India will be reduced to an occupational force in the region.
Benefits of Removing Article 370
Some of the biggest possible advantages of abolishing Article 370 are:
1. The state, upon removal of Article 370, will prosper economically and socially.
2. The threat of militancy will reduce via social amalgamation.
3. Kashmir could serve as one of the top tourist destinations after complete development.
4. It will supposedly prove to be good diplomacy to deal with Pakistan over territorial disputes.
5. It will politically give chance to all parties to rule the state and allow its development.
2. The threat of militancy will reduce via social amalgamation.
3. Kashmir could serve as one of the top tourist destinations after complete development.
4. It will supposedly prove to be good diplomacy to deal with Pakistan over territorial disputes.
5. It will politically give chance to all parties to rule the state and allow its development.
Article 370
Article 370 is an article of the Constitution of India, Part XXI: Temporary, Transitional and Special Provisions. Moreover, it grants a special status of autonomy to the state of Jammu & Kashmir.
Article 370’s Inclusion in the Constitution
- Originally, all princely states, including Jammu & Kashmir, merged with India on three matters: defense, foreign affairs and communications.
- Princely states had to draft their own constitutions which would govern other aspects of society.
- However, most states rejected the necessity of a separate constitution and adopted the Indian Constitution.
- Hence, this made those princely states equivalent to other Indian provinces.
- However, Jammu & Kashmir made its own constitution and asked for Indian Constitution to apply only on the three matters of original merger.
- Thus, Article 370 was included in the Indian Constitution according to which other articles of Indian Constitution will apply to Jammu & Kashmir with the agreement of State’s constituent assembly.
- Moreover, this Article was only temporary.
Article 370’s Permanence
- Article 370 was meant to be a temporary provision applied to the state of Jammu & Kashmir.
- The Constituent Assembly of Jammu & Kashmir had the authority to repeal or modify the state constitution. Hence, no external body could make any changes to the clauses.
- The Jammu & Kashmir Constituent Assembly dissolved on 25 January 1957 without any decision.
- Article 370 has become a permanent provision in Indian Constitution according to Jammu & Kashmir High Court.
- Therefore, Jammu & Kashmir has a special autonomous status in the country.
Original Implications of Article 370
Article 370 included six special provisions for the state of Jammu & Kashmir at the time of Preparation:
- Exempting the State from completely applying the Indian Constitution. The state could have its own Constitution.
- Limitation of central legislative powers over the State at the time of framing, to matters of defense, foreign affairs and communications.
- Extension of other constitutional provisions of Central Government to State only with State Government’s agreement.
- The ‘concurrence’ (agreement) was only provisional. It required State’s Constituent Assembly’s consent.
- State Government’s authority to give ‘concurrence’ lasted only until the State Constituent Assembly was assembled. After the Assembly finalized the scheme of powers and dispersed, no further changes were possible.
- Thus, Article 370 could be repealed or amended only upon the recommendation of the State’s Constituent Assembly.
Major Presidential Orders Regarding Article 370
- Presidential Order – 1950: Specifies which articles of Indian Constitution applies to the state through the original agreement.
- Presidential Order – 1952: Represents abolition of monarchy in Jammu & Kashmir.
- Presidential Order – 1954: Includes
- allowing Indian citizenship to permanent residents of Jammu & Kashmir
- extending Supreme Court of India’s jurisdiction over the state.
Almost 50 Presidential orders are issued since then.
Shujaat Bhukari Assasination
- Shujaat Bhukari, a Kashmiri Journalist and the editor of Rising Kashmir was shot dead by 4 assailants on 14th June 2018.
- Bhukari was known as a brave journalist who liked to voice his opinion, the reason of his death is still unknown.
- Shujaat Bhukari’s case is a rare case of Kashmir where the angle of militants assasinating him is being kept aside for his help to militants in Kashmir.
- This cold blooded murder in a normal morning in Kashmir, right outside Bhukaari’s own office raises questions again on Article 370, it’s reliability and it’s failure in many ways at maintaing civilian peace in Kashmir
