Article 370
What is Article 370?
Article 370 of the Indian Constitution is a 'temporary provision' that grants special independent status to Jammu & Kashmir, a region located in the northern part of the Indian key and part of the larger region of Kashmir which has been the subject of a disagreement between India, Pakistan and China since 1947. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has been accorded special status under Article 370. This means that all the provisions of the Constitution that other states apply don't apply to J&K. Therefore, the State's residents live under a separate set of laws, including those related to citizenship, power of property, and fundamental rights, as compared to other Indians.
Salient features of Article 370 are:
1. The State of Jammu and Kashmir has a different flag and Constitution.
2. The presidential rule cannot be assessed in the state, only the Governor's rule can be proclaimed. The Government of India cannot declare a financial emergency under Article 360 in the state. Only a national emergency can be assessed in matters of external aggression or war.
3. The state has its own Criminal Code named as the Ranbir Penal Code.
4. The citizens in the state have dual citizenship.
5. The term of other Indian state legislators is 5 years whereas, for Kashmir, it was 6 years.
History
Maharaja Hari Singh, then ruler of Kashmir decided not to be a part of India or Pakistan when British rulers decided to divide India. He signed standstill treaty with Pakistan. However Pakistan invaded Kashmir and India intervened only after Hari Singh sought the help from India. Maharaja Hari Singh, the sovereign of the princely state of Jammu and Kashmir, signed the Instrument of Accession on October 26, 1947, the state became a part of the Dominion of India. Article 370 of the Indian Constitution states that J&K is covered only by articles 1 and 370. The President, in discussion with the state government, was to decide on the operation of other articles. The Constitution Order of 1950 outlined the themes on which the Union Parliament would have the authority to borrow legislation for Jammu & Kashmir in agreement with the Instrument of Accession; 38 topics from the Union List were included. The Instrument of Accession, which Maharaja Hari Singh, the former monarch of J&K, signed in 1947, gave rise to Article 370. Jammu and Kashmir were exempted from the Indian constitution by Article 370 of the Indian constitution, which was legislated on October 17, 1949, as a "temporary clause", allowing the state to produce its constitution and confining the legislative authority of the Indian Parliament in the home. In the draught constitution, it was proposed as Article 306A by Sir Narasimha Gopalaswami Ayyangar. The Jammu and Kashmir Constituent Assembly was dissolved after creating the state constitution, and on January 25, 1957, it did so without championing either the invalidation or modification of Composition 370, leaving the clause's status in distrustfulness.
Removal of Article 370
In order to make Kashmir as an integral part of India, in agreement with the authority swung by Clause (1) of Article 370 of the Indian Constitution, the President of India issued the Constitution (Implementation to Jammu and Kashmir) Order, 2019 on August 5, 2019, repealing the special status preliminarily accorded to Jammu and Kashmir. Jammu and Kashmir no longer has its constitution, flag, or anthem, and its population no longer has dual citizenship as a result of the repeal of Article 370. After Article 370 is repealed, Kashmiris can work in the Indians' recently established enterprises and make good plutocrats. Creating further jobs will inescapably lower crime. The Kashmiris will also profit economically if they lend their lands to the citizens of other states of India on a leasing base. Private business owners can establish manufacturers in Kashmir, creating jobs for Kashmiris and Indians. The fact that 40% of Kashmiris lack jobs is the main cause of the rise in crime in the valley. Anti-social acts will decline as private investors begin to invest in Kashmir. Land prices will rise, enabling Kashmiris to make significant earnings. Jammu and Kashmir now abides by all legislative amendments made by the parliament, including the Right to Information Act and the Right to Education Act.
With the repeal of Composition 370, all Kashmiris now have the right to an education. Kashmiris now have the right to know everything because the nation would be under one flag and one nation. The law now grants Kashmiris the right to admit a quality education from institutions located in the state. There is a 100% possibility that new educational institutions will open in the valley as a result of investors' investments in Kashmir; this will educate children, particularly girls. Now that Article 370 has been abolished, Jammu & Kashmir is completely covered by the Indian Constitution and all 890 Central legislation. Jammu and Kashmir was seen as being a part of India in both letter and spirit after Article 370 was repealed. The Indian Constitution's A370 was viewed as a temporary and ineffective provision that demanded to be repealed.
The abrogation of Article 370 by the BJP government has been a significant move and it has brought positive changes in Jammu and Kashmir. Geographically and directly, Jammu and Kashmir is the crown of secular India. Its people and leaders had chosen secular India over Pakistan. The new doctrine will have to persuade a majority of the people of Jammu and Kashmir that greater integration with India will provide them with more opportunities, give further freedom and space, and strengthen their rights much more than the alternatives proposed by other mainstream parties or separatists. Going forward, India should take the people of J&K into confidence, bring development which includes all sections of society and restore statehood as per its original pledge.
Sources:
https://www.studyiq.com/articles/article-370-of-indian-constitution/
https://en.wikipedia.org/wiki/Article_370_of_the_Constitution_of_India
https://www.bbc.com/news/world-asia-india-49234708
**Author: Sara Mandke, a Student of Government Law College, Mumbai
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