I am going to discuss about the Most Controversial part of Indian Constitution, ie Article 370. Article 370 is a part of Indian Constitution which gives a special status to Jammu & Kashmir. This article made many controversies from its birth to till the day. First of all we have to find the history behind this clause.during British rule India consists of small princely states. After independemce of India the Princely state Jammu & Kashmir denied to dissolve neither in India nor Pakistan. J&K ruler Maharaja Hari singh decided to exist Kashmir as an independent state. When Patan Tribal anarchists attacked Kashmir. Then Hari singh seeked army support from India. But Indian Government said they will not give army support until Kashmir will join India. Hari singh signed the Instrument of accession and demanded special status to his state.
Indian Governments added article 370 in the Indian Constitution. According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir. After the signing of Instrument of accession Maharaja Hari Singh and Nehru decided to appoint Sheik Abdulla as prime minister of Kashmir, Abdulla and Nehru created a temporary provision which gives special status to Jammu & Kashmir, this provision is article 370.
According to article 370 J&K have a Separate Constitution, separate flag, and a separate anthem within Republic of India. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir. The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948." On November 15, 1952, it was changed to "the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office." Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.
According to this article 370 Indian laws will not be applicable for Jammu& Kashmir, people from rest of from Kasmir can’t buy or settle in Kashmir. Reserve Bank of India don’t have power to print notes in Kashmir. Central laws are applicable only in the case of Defence, finance, Communiaction and foreign affairs.supreme court’s power and Central election commission’s activities are also applicable to J&K like other states but Indian governmet can’t declare financial emergency.
Indian President can abrogate or amend the article 370 but the state constituent assembly recommendations should made.
Indian constitution Drafter Dr.B.R Ambedkar and Sardar Vallabhai Patel were rejected to draft article 370 because they opposed the balkanization of India. But Nehru drafted this article by Gopalaswamy Ayyankar. It is clearly telling that this article is a temporary provision then why the governments never tried to amend or abrogate article 370 is a controversial question.
Acts passed by Indian Parliament have been extended to Jammu and Kashmir over a period of time.
1. All India Services Act
2. Border Security Force Act
3. Central Vigilance Commission Act
4. Essential Commodities Act
5. Haj Committee Act
6. Income Tax Act
7. The Central Laws (Extension to Jammu and Kashmir) Act, 1956
8. The Central Laws (Extension to Jammu and Kashmir) Act, 1968
Indian Constitution offers right to equality but where is the equality?
Janasangh Leader Dr: shyama Prasad Mukherjee opposed the article 370 because According to Congress and Sheik Abdulla decision, no one, including the President of India could enter into Kashmir without the permission of Kashmir's Prime Minister. In opposition to this decision, he once said "Ek desh mein do Vidhan, do Pradhan aur Do Nishan nahi chalenge" (A single country can't have two constitutions, two prime ministers, and two National Emblems).
In 2014 the NDA government and Karan singh of congress (Son of Hari singh) has opined that the revision of article 370 is overdue and in October 2015 the high court of J&K ruled that the article 370 cannot be abrogated, amended or replaced under the clause the state constituent assembly didn’t recommended.
According to this the amendment of article 370 may never happened because the Kashmir valley has a Muslim populated region and the Jammu and Ladak regions are Hindu and Buddhist populated. Before independence Kashmir valley, Jammu and Ladak have equal number of seats in Constituent assembly but after independence Sheik Abdulla reduced the assembly seats of Jammu region and increased the seats of Kashmir Valley. Passing of laws will nly depends on the votes of Kashmir region only due to this act.
The Article 370 has taken on the features of a "permanent provision" despite being titled a temporary provision in the Constitution
Comments