Understanding Article 370.




  • History of article 370.


The article 370 was included in the indian constitution on October, 17 1949. This provision was drafted by Sheikh Abdullah, who was appointed as the prime minister of Jammu and Kashmir back then by Maharaja Hari Singh along with Jawaharlal Nehru's decision. 


This started with Maharaja Hari Singh declaring Jammu and Kashmir as an independent state during Indian independent act, later he faced hardships with dealing the invasion form the tribesmen and army men from Pakistan, seeking help from India. This incident led to the accession of Kashmir to India. Maharaja Hari Singh signed the Instrument of accession (IOA) on October, 26 1947 in the presence of the governor general Lord Mountbatten. 



  • What is Article 370. 


According to Indian constitution Article 370 exempted the state of Jammu and Kashmir from Indian constitution (excluding the Article 1 and the Article 370 itself). Thereby providing an autonomous power to the state in a way that it can now make its own set of rules and regulations independently and permitted to draft its own power. Hence expect for categories like Defense, foreign affairs, communications, and issue specified in the instrument of accession (IOA) the state parliament required the governance of the state to apply all the other laws. 


Note: Under the Article 371(from 371A to 371I), a number of other states too enjoyed a special status 



  • ARTICLE 35A. 


This article has its roots from Article 370, having been introduced through the presidential order in the year 1954. According to the Article 35A people from outside the state are exempted from buying or owing property in Jammu and Kashmir, also they can't settle permanently in Jammu and Kashmir or avail state sponsored scholarship schemes. Moreover the Article empowers the Jammu and Kashmir legislature to define the state's permanent residence and their other rights and privileges. Fo



  • Foreground of reorganization of the bill. 


The central government abrogated article 370 and 35A on Monday, August 5 2019 through a presidential order. This means all the indian constitution shall now be applicable to the state of Jammu and Kashmir now. The home minister Amit Shah also passed a bill declaring the bifurcation of the two states into union territories, proposing Jammu and Kashmir to be a union territory with a state legislature where as Ladakh to be a union territory without a state legislature. 

Editor: Anubhuti chaturvedi Added on: 2019-08-06 18:42:43 Total View:351







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