What is Article 370? Jammu and Kashmir

What is Article 370? On August 5, 2019, the Central Government took a historic decision and nullified the important clauses of Article 370 giving special status to Jammu and Kashmir.

It also divided Jammu and Kashmir into two union territories – Jammu Kashmir and Ladakh.

Highlights

Article 370 is included temporarily in the 21st chapter of the Constitution.
The Constituent Assembly of Jammu and Kashmir accepted article 306A (now article 370) on 27 May 1949.
Then on October 17, 1949, this article became part of the Indian Constitution.
Under article 370, only the central laws of defense, foreign affairs, and communication matters apply in Jammu and Kashmir.

Constitution of India

Article 370 was included in the 21st chapter of the constitution as a temporary, special transitional, and additional legislative process to implement the necessary statutory provisions while not waiting until the state to form its own constitution.

According to this, the Indian Parliament has the prerogatives to form laws regarding defense, foreign affairs, and communications about Jammu and Kashmir but the middle will need to get approval from the government to implement the law associated with the other subject.

India became independent from the British on August 15, 1947, but it was also got divided. Pakistan became a separate country after leaving India. The Princely States then had the right to merge with India or Pakistan or to remain independent.

Except for a few Princely States, all others happily signed a proposal for a merger in India. The ruler of Jammu and Kashmir, Maharaja Hari Singh, decided to remain independent, but on October 20, 1947, the ‘Azad Kashmir Army‘ of the tribesmen, with the support of the Pakistani army, attacked Kashmir. The Maharaja asked for help from India seeing the situation deteriorating.

Then the then Prime Minister Pt. Jawaharlal Nehru placed a condition before Hari Singh to merge his kingdom into India. Hari Singh signed ‘Instruments of Accession of Jammu and Kashmir to India‘ on 26 October 1947 to get India’s help. The Governor-General Lord Mountbatten accepted it the next day on October 27, 1947.

With this, Jammu and Kashmir was duly merged with India. It should be noted that the terms of the ‘Instruments of Accession of Jammu and Kashmir to India’ included that only Indian laws on defense, foreign, and communications matters would be applicable in Jammu and Kashmir.

What is Article 370?

The government of Jammu and Kashmir had prepared a draft of how Jammu and Kashmir would have a relationship with India. On 27 May 1949, the Constituent Assembly of Jammu and Kashmir accepted Article 306A (now Article 370) with some changes.

Then on October 17, 1949, this article became part of the Indian Constitution. Keep in mind that the Constitution was adopted on 26 November 1949.

According to the terms of the ‘Instruments of Accession of Jammu and Kashmir to India’, Article 370 states that the Parliament of the country has no right to legislate for Jammu and Kashmir in any subject aside from defense, foreign affairs, and communication.

Also, Jammu and Kashmir were allowed to form its own separate constitution.

Due to these special provisions, the laws made by the Government of India do not apply in Jammu and Kashmir. Not only this, Jammu and Kashmir also has its own separate flag. There, along with the flag of India, the flag of Jammu and Kashmir is also placed in government offices.

The citizens of Jammu and Kashmir also get dual citizenship. Along with being a citizen of India, he is also a citizen of Jammu and Kashmir. Overall, the case has become like two republics in one country due to Article 370.

What is the status of article 370 now?

On August 5, 2019, the central government neutralized the rest except for a section of Article 370.

Simultaneously, Jammu and Kashmir was divided into two Union Territories – Jammu Kashmir and Ladakh.

Can President rule now be implemented in Jammu and Kashmir?

A presidential rule can be imposed after Article 370 is removed.

The first President did not have the authority to sack the state government, that is, there was no Governor’s rule, but Governor’s rule. Now there will be President’s rule.

Some special rights that Jammu and Kashmir gets under Article 370

1. Article 356 of the Constitution does not apply to the state of Jammu and Kashmir. For this reason, the President does not have the authority to sack the state government. That is, there is no Governor’s rule, but Governor’s rule.

2. Article 360 of the Constitution of India under which there is a provision for imposing financial emergency in the country also does not apply to Jammu and Kashmir.

3. The legislative assembly of Jammu and Kashmir has a term of 6 years, while the legislatures of other states of India have a term of 5 years.

4. The Directive Principles of State Policy described in the Constitution also do not apply there.

5. Minorities do not get reservations in Kashmir.

6. Due to Section 370, important laws like RTI are not applicable in Kashmir.

7. Citizens of Jammu and Kashmir have dual citizenship.

8. The flag of Jammu and Kashmir is different.

9. The Indian Parliament has the right to make laws regarding defense, foreign affairs and communications about Jammu and Kashmir, but to implement the law related to any other subject, the Center has to get the approval of the state government.

What can be removed from Section 370

Yes, Article 370 (3) allows the President to remove it by order. Such an order should first be passed from the Constituent Assembly of Jammu and Kashmir.

The problem is that the Constituent Assembly of Jammu and Kashmir was dissolved on January 26, 1957, and no longer exists.

The second view is that the Parliament of India can remove Article 370 on the accepted resolution from the Legislative Assembly of Jammu and Kashmir.