Article 370 of the Indian Constitution provide a special status to Jammu and Kashmir state of India. It is an important article in Indian Constitution which also provides special rights to Jammu and Kashmir as compared to other states of India. Article 370 is drafted in part 21 of Constituion: Temporary, Transitional and Special Provisions. It was implemnted by the special intervention of Jawaharal Nehru.
When India got freedom on 15th August 1947, it was scattered in many different kingdoms. Later on, Sardar Vallabh Bhai Patel created the Indian Union, in which he united all the kingdoms of India. At that time when the process of merging Jammu and Kashmir into Indian Union started, the prince of Jammu and Kashmir Raja Hari Singh refused because he wanted to live free. Raja Hari Singh does not want to be a part of India or Pakistan. During that period on 22nd October 1947, Pakistan Army pretending to be decoits attacked Jammu and Kashmir and captured some part which is now known as POK (Pakistan Occupied Kashmir). After the attack, Raja Hari Singh agreed for the merger with Indian Union.
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How Article 370 was made?
In 1949 Jawaharlal Nehru appointed Gopal Swami Ayyangar to draft Article 370 with the consultation of Sheikh Abdullah. Please note that Gopal Swami Ayyangar was a minister without portfolio in the first cabinet of India and he was also a former Diwan to Raja Hari Singh of Jammu and Kashmir. Sheikh Abdullah was also the influential mask leader of the Jammu and Kashmir state at that time. Gopal Swami Ayyangar presented the Article 360-A (which has all the terms and conditions of Jammu and Kashmir state) which was later on made Article 370.
After that Jammu and Kashmir got different status and rights as compared to other states of India. Article 370 is commonly referred for the different status of Jammu and Kashmir only. On 26th January 1957 special rights were applied for the state.
Article 370, Special Rights for Jammu and Kashmir
- Jammu and Kashmir have their own Constitution framed by special Constituent Assembly.
- Parliament cannot make any law without the consent of State Legislature, like:
- Alter the name and territories of the state.
- Denial of citizenship to a person who migrated to Pakistan does not apply to permanent residents of Jammu and Kashmir.
- Special rights with regard to employment under the state.
- No other states person can buy land in Jammu and Kashmir
- International treaty affecting any part of the state.
- Article 360 to declare an emergency does not apply on Jammu and Kashmir.
- No amendment of Indian Constitution can apply to Jammu and Kashmir (unless extended by the President under Article 370)
Key Points of Article 370 that made Jammu and Kashmir different from rest of India
Jammu and Kasmir have a different green colour flag.
People of Jammu and Kashmir have dual citizenship.
It is not a crime to disrespect national flag or national symbols of India.
If any female citizen of Jammu and Kashmir is married to any other statesperson of India than her citizenship will be null. But if she marries any Pakistan citizen than that person also gets the citizenship of Jammu and Kashmir.
Panchayat has no power in Jammu and Kashmir.
Hindus and Sikhs 16% reservation (minority benifits) is not applied in Jammu and Kashmir.
Can Article 370 be removed?
It is a part of the Indian Constitution so it can be removed. It cannot be removed by the Supreme court or High court, it can be removed by Parliament only. But it is not easy to null Article 370 because a whole state is based on this article which has also got special status and rights.
Latest example how people retaliate on this issue
Please note that Article 370 and Section 370 of IPC (commonly known as Dhara 370) are 2 different things. Section/ Dhara 370 of IPC (Indian Penal Court) prohibits human trafficking in any form whereas Article 370 is for Jammu and Kashmir. So please don’t become a part of people cheering to eradicate Dhara 37.
Article 370 was made according to those circumstances at that particular time. But if we analyse the current situation ( like Pulwana attack ) of Jammu and Kashmir and the events which are happening there we can conclude that Article 370 is a mistake of past which is ruining the present and will hurt the future.