JAMMU & KASHMIR “THE HISTORY OF ARTICLE 370”
Article 370 of the Indian constitution is a “temporary provision” which grants special autonomous status to JAMMU & KASHMIR under part XXI of the constitution of India ,which deals with “TEMPORARY , TRANSITIONAL & special provisions”, the state of Jammu and Kashmir has been accorded special status under ARTICLE 370. All the provisions of the constitution which are applicable to other states are not applicable to Jammu and Kashmir has a Sadr-e-Riyasat for governor & prime minister in place of chief minister.
Who introduce article 370 ?
Article 370 was worked out in late 1947 between SHEIKH ABDULLAH, who had by then been appointed Prime Minister of Jammu and Kashmir by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel the home minister away from his legitimate function.
When was article 370 passed?
It was added to the constitution through a situationary president order. The constitution (application of Jammu and Kashmir) order 1945 –issued by the president of India on 14 may 1954 exercising the power conferred by the clause (1) of the article 370 of the Indian constitution and with the concurrence.
Who is the founder of Kashmir?
GULAB SINGH , the founder and the first Maharaja of the princely state of Jammu and Kashmir.
How did article 370 come into force?
Article 5 states that the executive and legislative power of the state extend to all matter except those with respect to which parliament has power to make laws for the states under the provisions of the constitution of India, the constitution was adopted on 17 th November 1956 and come intoforce on 26 January 1957.
What is the importance of article 370?
If anything it is a reiteration of earlier Superem Court ruiling that article 370 continues to be operative . it implied by rules that the president power to issue order, as has been done over the years making several laws and provision of the constitution applicable to Jammu and Kashmir remains untrammelled.
How to article 370 come into existence?
Article 370 was not imposed on Kashmir it was negotiated for by RAJA HARI SINGH the erstwhile ruler and granted by the Indian union as an incentive to join our nation . the British left it to the princely states to join India or Pakistan or stay independent.
What are the features of article 370?
Article 370 provides temporary , transitional, and special provision to the state Jammu and Kashmir. Important features / provisions are article 238 could not be applied to Jammu and Kashmir, which dealt with part b (bincely) states.
What are the rules of article 370?
Article 35A was introduced through a presidential order in1954 to continue the old provision of the territory regulation under “article 370” of the Indian constitution . the article permits the local legislature in Indian – administered Kashmir to define permanent resident of the region.
Should article 370 be scrapped?
Before dissolution , the constitution assembly neither recommended abolishing article 370 neither, did they advocate for it to be permanent . thus leaving Jammu and Kashmir in a state of limbo…. As for article 370 45 presidential orders have been used to extend component of India’s constitution into Jammu and Kashmir.
What did 370 law do?
Article 370 of the constitution is a temporary provision which promises to grant autonomous status of Jammu and Kashmir and limits Parliament’s power to make laws for the state.
Will article 370 be revoked ?
In October 2015, the high court of Jammu and Kashmir has ruled that the article 370 cannot be “abrogated, repealed or even amended”. For removing article 370 state assembly by Jammu and Kashmir has to propose it first. Union government cannot unilaterally repeal it.
What is the history of Pakistan occupied Kashmir?
Pakistan- occupied Kashmir (POK) historically belonged to the erstwhile princely state of Jammu and Kashmir. Soon after the partition of india in 1947 ,Maharaja Hari Singh of Jammu and Kashmir signed the instrument of Accession ,thereby acceding to the Indian union. Hence ,POK is legitimately an inherent part of India.
What are the advantage of article 370?
As a result of this provision , Indian citizens from other states cannot purchase land or property in Jammu and Kashmir under article 370 the centre has no power to declare financial emergency under article 360 in the state. It can declare emergency in the state only in case of war or external aggression .
What does article 370 says?
Article 370 , enacted in 1954 , lays down that except for matters related to defences foreign affairs, communication and issues specified in the instrument of accession of Jammu and Kashmir parliament needs the state government’s ratification for all other laws.
Why jammu and Kashmir has its own flag?
Jammu and Kashmir is permitted to fly its own state flag along with the national flag. Jammu and Kashmir also has a separated constitution which works under article 370 of the constitution of India. This is due to the state special status under the Indian constitution.
Why Jammu and Kashmir is not part of India ?
The state has specially autonomy under article 370 of the constitution of India. A part of the former princely state of Jammu and Kashmir , the region is the subject of a territorial conflict among India , Pakistan and china . The Aksai chin region in the east , bordering Tibet, has been under Chinese control since 1962.
Is government removes article 370?
Union Home Minister Amit Shah on Monday proposed to scrap article 370 of the constitution which give special status to jammu and Kashmir and said the state will be split into two Union Territories :
Jammu and Kashmir with an assembly and Ladakh without one.