What was the article 370, Which was imposed In jammu and kashmir . .
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Article 370 of the Indian Constitution was a special provision that granted the region of Jammu and Kashmir (J&K) significant autonomy. It was included in the Constitution under Part XXI, which deals with "Temporary, Transitional and Special Provisions." The article was designed to recognize the unique circumstances under which Jammu and Kashmir acceded to India in 1947, following the partition of British India into India and Pakistan.
Historical Context
Jammu and Kashmir was a princely state at the time of India’s independence in 1947. Like other princely states, it had the option to join either India or Pakistan, or to remain independent. The Maharaja of Jammu and Kashmir, Hari Singh, initially chose to remain independent. However, following an invasion by tribal militias supported by Pakistan, Hari Singh sought military assistance from India. In exchange for this assistance, he agreed to accede to India, a decision formalized through the Instrument of Accession on October 26, 1947. This accession was conditional, with the understanding that Jammu and Kashmir would be granted significant autonomy.
Provisions of Article 370
Article 370 provided Jammu and Kashmir with a unique position within the Indian Union. According to its provisions:
Limited Applicability of the Indian Constitution: Only certain provisions of the Indian Constitution were applicable to Jammu and Kashmir. For the rest, the state's own constitution, which came into effect on January 26, 1957, governed the state.
Separate Constitution: Jammu and Kashmir was the only state in India with its own constitution, which dictated the governance of the state.
Autonomy in Lawmaking: The state had its own legislature, which had the authority to make laws on all matters except defense, communications, finance, and foreign affairs. These were the subjects over which the Indian Parliament had jurisdiction. However, even in these areas, any change in the state's legal framework required the concurrence of the state government.
Special Status in Citizenship Laws: Article 35A, which stemmed from Article 370, empowered the J&K state legislature to define "permanent residents" of the state and provide them with special rights and privileges. This included property rights, government jobs, and other public welfare programs. Non-residents were not entitled to these rights.
President’s Rule: The President of India could impose President’s Rule in J&K only with the concurrence of the state's Governor, who was appointed by the central government.
Amendments and Changes: The article could only be amended or abrogated with the concurrence of the state’s Constituent Assembly, which was dissolved in 1957, making the article essentially a permanent feature.
Controversies and Abrogation
Article 370 was a topic of intense debate and controversy. Critics argued that it prevented full integration of Jammu and Kashmir into India and fostered a sense of separatism. Supporters, however, viewed it as essential to preserving the state's unique identity and as a safeguard against central government overreach.
On August 5, 2019, the Government of India, led by the Bharatiya Janata Party (BJP), took a historic and controversial step by abrogating Article 370. The government used a Presidential Order to supersede the existing 1954 Presidential Order, which had extended Article 370 to Jammu and Kashmir. This was followed by a resolution in Parliament to revoke the state's special status and reorganize it into two Union Territories—Jammu & Kashmir, and Ladakh.
Conclusion
The abrogation of Article 370 marked a significant shift in India’s federal structure and the relationship between Jammu and Kashmir and the rest of the country. While supporters hailed it as a move towards greater national integration, critics argued that it disregarded the historical context and the promises made at the time of accession. The long-term impact of this decision continues to be a subject of intense debate within India and internationally.
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