What is Article 370? Three main points
What is Article 370? Three main points
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1) What is Article 370?
Article 370 of the Indian Constitution is a 'temporary provision' which gives special status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which relates to "temporary, transitional and special provisions", the State of Jammu and Kashmir has been given special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to Jammu and Kashmir. For example, in the place of Chief Minister in Jammu and Kashmir by 1965, there was a Sadar-e-Rajya for the Governor and the Prime Minister.
2) History of Article 370
The draft of this provision was prepared by Sheikh Abdullah in 1947, who then appointed Maharaja Hari Singh and Jawaharlal Nehru as the Prime Minister of Jammu and Kashmir. Sheikh Abdullah had argued that Article 370 should not be kept under the provisional provision of the Constitution. He wanted 'the autonomy of iron' for the state, whose center did not comply.
3) Provisions of Article 370
According to this article, except for defense, foreign affairs, finance and communication, Parliament requires the consent of the state government to implement all other laws. Thus resident states live under a separate set of laws, which relate to citizenship, property ownership and fundamental rights compared to other Indians. As a result of this provision, Indian citizens of other states can not purchase land or property in Jammu and Kashmir. Under Article 370, there is no power in the state to declare a financial emergency under Article 360. It can only declare an emergency in the state in case of war or outbreaks. Therefore, the Central Government can not declare an emergency on the basis of internal disturbance or impending danger unless it is done on request or with the consent of the State Government.
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1) What is Article 370?
Article 370 of the Indian Constitution is a 'temporary provision' which gives special status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which relates to "temporary, transitional and special provisions", the State of Jammu and Kashmir has been given special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to Jammu and Kashmir. For example, in the place of Chief Minister in Jammu and Kashmir by 1965, there was a Sadar-e-Rajya for the Governor and the Prime Minister.
2) History of Article 370
The draft of this provision was prepared by Sheikh Abdullah in 1947, who then appointed Maharaja Hari Singh and Jawaharlal Nehru as the Prime Minister of Jammu and Kashmir. Sheikh Abdullah had argued that Article 370 should not be kept under the provisional provision of the Constitution. He wanted 'the autonomy of iron' for the state, whose center did not comply.
3) Provisions of Article 370
According to this article, except for defense, foreign affairs, finance and communication, Parliament requires the consent of the state government to implement all other laws. Thus resident states live under a separate set of laws, which relate to citizenship, property ownership and fundamental rights compared to other Indians. As a result of this provision, Indian citizens of other states can not purchase land or property in Jammu and Kashmir. Under Article 370, there is no power in the state to declare a financial emergency under Article 360. It can only declare an emergency in the state in case of war or outbreaks. Therefore, the Central Government can not declare an emergency on the basis of internal disturbance or impending danger unless it is done on request or with the consent of the State Government.
Send Feedback Our Email
Kashmiraajnews@gmail.com
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