What is Art.370?  

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Welcome to TroZen!

 

The “Kashmir” word is enough to describe Himalayas, mountains peaks, lush green valleys, lakes, temples, and perfect blend of cherish the real beauty of nature. And this state is India’s “Heaven on Earth". As.., if we look at our history, then we can see, there were many battles fought to take control over this beauty of Heaven.  

And, I am going to explain the Indian legal aspect on this hot topic, which is in news due to the movie “Kashmir files”.             

Hoo-hah! But don’t worry, I am not going to review this film in this article. (chuckled) 

Art.370 has received the most media and political attention these days! But, as most of the people do not know the real facts of this provision. And, it is necessary to understand the reason behind the removal of Art.370  

Here, I am with the best of facts within minimum words. So, let's start the beautiful journey of “Jammu and Kashmir”. 

 

 

1.SHORT HISTORY OF JAMMU AND KASHIMR- 

After Indian Independence in 1947, Maharaja Hari Singh wanted to Jammu and Kashmir to remain as an independent kingdom. But after some time, he was required to accede to the dominion to India to get the support of Indian troops against an invasion by Trible armed men and the Pakistan Army. 

On 27 October 1947, Maharaja Hari Singh agreed to accede his state, and the Governor General of India Lord Mountbatten accepted the accession. 

Jammu and Kashmir was administered by India as a state from 1954 and Art.370 conferred on it. 

The state got special status and powers because of this Art.370 

 

2.What is Article 370? - 

Art.370 provided under Part XXI of the Indian constitution Act. 

Article 370 contains 6 special provisions for Jammu and Kashmir. 

• 1.It exempted the state from the complete applicability of the Indian constitution. The state was conferred the power to have its own constitution. 

• 2.The powers of the State’s Central Legislature are limited at the time of framing. 

• 3.The power of Central Government may be extended the state only with the concurrence of the State Government. 

• 4.Concurrence was only temporary. It can to be rectified by the State Constituent Assembly. 

• 5.The right of the State Government to give consent remained with the Constituent Assembly. 

• 6.Art.370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly. 

 

3. Significance of Article 370- 

The Article allow the state a certain amount of an autonomy. Those are – 

Its own constitution, a separate flag and freedom to make laws, foreign affairs defense, communication and protection of the Central Govt. 

As result Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. 

Because of Art.370 Indian constitution is not fully applicable on Kashmir and due to this corruption had been increased. 

 

4.After removal of Art. 370- 

Art. 370 removed in 2019.  

After removing the Art.370 Kashmir and Jammu no longer have a separate constitution and its special status but, will have to abide by the Indian constitution as like another state. 

All Indian law automatically applicable to J&K. 

People from the outside the state will be able to buy property in J&K. 

I remember, when I was studying law, there were no Indian Penal law and Procedural law applicable on J&K and now there is no need of this exception after removal of Art.370 

 

So, this is it! I hope you like this Article and the information its covers. 

For getting such interesting information about law stay tuned and follow my blogs! 

Will be back with another interesting topic relating with Indian law. 

My writing will make law interesting! 

Tada...!