Article 370: A war of words has raged between political leaders and parties over Article 370 in force in Jammu and Kashmir. After many days, the issue of Article 370 has been discussed again. A review of what exactly are the provisions of Article 370, what are their potential advantages and disadvantages.
Key Points of Article 370
• Due to the implementation of Article 370, Jammu and Kashmir has got special status. That is, this state is a state with special autonomy.
• Under the provisions of Article 370 the Parliament has power to legislate for Jammu and Kashmir only in matters relating to defence, foreign affairs and communications.
• They need to take permission from the state government to enact other laws.
• Because of this special power, the President does not even have the power to abrogate the constitution of the state.
• Article 370 alone does not make the Urban Land Act 1976 applicable to Jammu and Kashmir. This means that a person who is not a resident of Jammu and Kashmir cannot buy land.
• Not only this, but a woman who is married to a boy from another state, he also cannot buy land here.
• Further Article 360 of the Constitution of India which provides for imposition of economic emergency in the country is also not applicable to Jammu and Kashmir.
• Laws applicable in all states of India may not be applicable in this state.
• The term of office of the Legislative Assembly of Jammu and Kashmir is six years. Also, in other states the term is five years. This is a special provision made by Article 370.
• Pakistan attacked Kashmir on 26 October 1947. Then King Harisinha asked for help from India and then Article 370 came into existence.
• Since the early fifties, the BJP party has been questioning the usefulness of Article 370. He feels that Jammu and Kashmir should be fully integrated.
Article 370 is wanted because:
• Speaking in favor of retention of Article 370, this Article empowers the people of Jammu and Kashmir to determine their interests and laws as per their convenience. Freed from the pressure of the central government, they can make laws for themselves according to their needs.
• This is the Act that binds this state to India as per the treaties between India and Jammu and Kashmir. Referring to this, former Chief Minister of Jammu and Kashmir Omar Abdullah had said that Article 370 has always been misinterpreted.
• People from other states have no right to get employment in Jammu and Kashmir under this Act. The state government services are also only for J&K candidates. This keeps the employment opportunities safe for the youth of the state.
• ‘Residents other than natives of this State’ are not allowed to purchase property in the State of Jammu and Kashmir. Interestingly, till 2002, if a girl who is a native of the state marries a boy who is not a native of the state, she does not even get the right to inherit property. However, in 2002, the Supreme Court removed this distinction in a decision. Even now, ‘non-Kashmir’ citizens are not allowed to buy and sell land and set up industries here.
What if Article 370 is Removed?
• Article 370 in force in Jammu and Kashmir is fueling terrorism. Under this section, a Pakistani citizen can acquire citizenship of Kashmir by marrying a woman from Jammu and Kashmir. In this way Pakistani terrorists also get citizenship of Kashmir easily. This type will be banned.
• Laws like Right to Information and Right to Education are not applicable in Jammu and Kashmir. Due to Article 370, the citizens are deprived of the benefits of these laws. There, the RTI Act applies only to central government offices. Citizens will benefit from all laws.
• Government of India cannot do anything under Article 370 for the interests of minorities in the state of Jammu and Kashmir. However, the Jammu and Kashmir government has been accused of neglecting the interests of minorities. The central government can protect the minorities there.
Article 370:
The statement was made by the Kashmiri Chief Minister himself that this is the only link connecting Kashmir with India. But according to constitutional experts, Article 1 of the Constitution connects Kashmir with India. Therefore, the abrogation of Article 370 and the severance of Kashmir’s link with India is not the same.
Of course, Jammu and Kashmir is not the only state that has been given special status by the constitution. The North Eastern states, Andhra Pradesh, even the state of Maharashtra have special status under Article 371 (a) to (i). Merely having such status and having statutory rights are different matters.
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