ARTICLE 370 OF THE
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INTRODUCTION
Article 370 of the indian constitution gave special status to jammu and
kashmir , a region located in northern part of the indian subcontinent and
part of the larger region of kashmir.
Jammu and kashmir was administered
by india as state from 17 november
1952 to 31 october 2019.
Article 370 conferred on it the power to
have a separate constitution , a state
flag and autonomy of internal administration
The History of Adoption
Article 370 was introduced into the indian constitution in
1949, primarily in response to unique circumstances
surrounding jammu and kashmir’s accession to india after
gaining independence from british colonial rule in 1947.
It was introduced to address the distinct circumstances of
J&k , Article 370 was incorporated into the constitution
,providing temporary provisions for the state’s governance
within the Indian union . It recognized Jammu and kashmir
as a “ Special category” state
COMPOSITION
OF
AUTONOMY
It granted Jammu and kashmir substantial independence .
The state has its own constitution , flag and considerable
powers over various aspects of governance including law
and order and citizenship.
Limited indian
jurisdiction
Under Article 370, Indian laws were applicable in Jammu
and kashmir only if state government permitted them.
Only certain laws were applicable in the region upon the
recommendation of state legislature
Special status
Jammu and kashmir enjoyed a unique status within the Indian union , which
made it distinct from other states and union territories
Delhi agreement (1952): signed between prime minister jawaharlal nehru and
Jammu and kashmir’s prime minister sheikh abdullah clarified the relationship
between the state and the indian union. It granted Jammu and kashmir
greater autonomy while reaffirming its accession to india.
Before and Since 2013, mass resistance and armed
insurgency have returned and grown in
after Article 370 India kashmir valley partly in response to
the government failed stratergy.
Resistance has involved mass participation
in “quasi-violence” that involves semi-
organized pressure by unarmed civilians to
promote , frustrate and impose costs to
the state.
New data on the quasi-violence in the
kashmir valley has substaintial growth
since 2013.
New delhi’s strategy finated on kinetically
degrading militant organization to improve
security , which fed local militant
recuritment and depressed faith in
democratic institutions
The government’s dramatic revocation
of autonomy provisions for Jammu and
kashmir in 2019 minimized international
penalties and prempted significant violent
responses . Wheather it replicates past
political engineering or persues revolutionary
demographic engineering ,the state is likely
to face a resurgence violent and quasi - violent
resistence
US influence is limited , but US policymakers could
encourage dialogue with all stakeholders and about New
delhi to challenge that indian choices will pose for
coorperation if it is indefenitely boogyed down in
Jammu ans kashmir .
Kashmir, a picturescape
Why special
himalayan region has been a
longstanding point
of contention between India and
status to
Pakistan . Both country claim as
it their own. It is since british
colonial rule in 1947 when
kashmir
Jammu and kashmir decided to
join India . The decision led to
the war between India and
Pakistan.
Decades of insurgency and
violence : The indian part of
and why
Jammu and kashmir has
witnessed three decades of conflict for
kashmir?
violence and conflict due to
separatist insurgency against
Indian rule which resulted in loss
of life and suffering.
Impact on India’s relationship with Kashmir
Article 370 played a pivotal role in shaping India’s relationship with Kashmir , mainly
since it was the only muslim -majority region to choose to join india during the
partition . The provision symbolized the unique political arrangement between
state and union.
Why did government revoke
Article 370?
BJP’S opposition to Article 370
The decision to revoke article 370 was a
longstanding goal of BJP. They argued that this
provision needed to be scrapped to fully integrate
Kashmir into India . Also included it in pledge in its
2019 election manifesto
Integration and economic motives
Critics of the move has suggested that it could be linked to India’s economic showdown
,providing a diversion for the government
Political and geopolitical consideration
The move also aligns with pime minister Modi’s desire to project a tough stance on Kashmir
and Pakistan to face external diplomatic challenges .
Effects of removal of Article 370
Abolishing special status
With the revocation of Article 370 ,
Kashmir lost its seperate
constitution like other state in the
country and people can buy
property here resulting in the
development of the region
Home minister amit shah stated in
parliament that article 370 and 35A
hindered democracy .
Territorial
reorganization
To reorganize the state into two smaller, federally administered
territories one includes muslim majority and other hindu majority
in kashmir . While in ladakh , a buddhist-majority area with
cultural and historical ties to Tibet
Legal implications
Constitutional Controversy
and challenges on The revocation has raised many question
removal of Article .According to the constitution , any modification of
article 370 required the agreement of ‘state
370 constituent assembly’
Political hurdles to legal challenges
Precedents pertaining to
conflicting status
Prem nath kalu v. Jammu and kashmir (1959)
The case challenged the big landed estates abolition act of 1950
because it was unconstitutionally enacted . The SC upheld the act
and ruled that article 370 did not limit the plenary legislative powers
of maharaja .
SBI V. Santosh gupta (2016)
In the case , the Jammu and kashmir High court’s judgement was challenged , which
ruled that specific provisions of a central law did not apply to jammu and kashmir
The supreme court overturned the decision , asserting parliament’s legislative
competence over the state and indian constitution to J&K.
