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Wednesday, May 28, 2014

Article 370 of the Indian Constitution


Not many people are aware as how and why Article 370 was formulated and included in the Indian Constitution

Maharaja Hari Singh signed the accession papers on October 26, 1947 under which the state acceded to India. 

The accession of Jammu and Kashmir with India was carried out on the same pattern other states acceded to it.

Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by Maharaja Hari Singh and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. 

Having finalized the text of Article 370 with Sheikh Abdullah, Nehru brought in Gopalaswamy Ayyangar, IAS, as a minister without portfolio to help him deal with Kashmir portfolio and plead the case of Article 370 in the Constituent Assembly. Gopalaswamy Ayyangar had been prime minister of Kashmir for six years with Maharaja Hari Singh.

Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the J&K State Govt's concurrence for applying all other laws.
Thus the J&K state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians

Why is Article 370 detrimental to the full integration of J&K state into Indian Union?

Firstly the Central Govt can make laws only with concurrence of the State govt, practically giving it the Veto power.

 Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in Kashmir.

While a citizen of India has only Indian citizenship, J&K citizens have two citizenships.

Anti Defection Law is not applicable to J&K.

No outsider can buy property in J&K state.

The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State.

Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President.

State of J&K can refuse building of any cantonment on any site or refuse to allot land for defence purposes

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