The article 370 has given the status of an autonomous state to Jammu and Kashmir. The article has been drafter under the part XXI of the Constitution that states Temporary, Transitional and Special Provisions. This article was worked out in the year 1947, between Sheikh Abdullah, appointed then as the prime minister of J&K by Nehru as well as the Maharaja. He kept the Kashmir portfolio to himself. Sheikh Abdullah was driven by the desire to become the king and his hatred for the maharaja then persuaded Nehru to provide Special status and even Mountbatten was the one to pursue Nehru to take the issue to UN.
The article has the following provisions –
- The provision grants special autonomy to Jammu and Kashmir
- The provisions of article 238 that got omitted in 1956 from the constitution are not applicable to Jammu & Kashmir.
- Even B R Ambekar who was the man behind drafting the constitution refused to draft article 370 and was done by Gopalswami Ayaangar, a minister without portfolio and x Diwan of Hari Singh, kind of Kashmir, eventually
- The article 370 has been drafted under temporary and transitional provisions of the Amendment section of part XXI, section
- The article 370 does not allow and increase or decrease in the borders of the state
It is known to be the biggest impediment in integrating J&K with Indian Union. The Veto power on laws lies with the Jammu & Kashmir Authority even if the Government makes laws with the state government. A J&K can have two citizenships, one of J&K and one of India. This privilege is not given to Indian citizens otherwise. An outsider is not allowed to buy any property in J & K state and the defection law is also not applicable to this state. Other laws like intermarriage with other state person, Urban Land Ceiling, Wealth tax and Gift Tax aren’t operating in J&K state. J&K has the power to refuse use of land of defense cantonments or allocation of land for defense purposes.
Apparently, article 370 is a temporary provision and can be abrogated. The topic has been a hot topic for debate in India after the Pulwana terror attack that killed over 40 Indian Soldiers.
*Sourced from the Internet