India has excluded certain laws that grant the status of Indian administration of Kashmir and the central government has to curb corruption since it is having UT now. Certain responses of Jammu & Kashmir are related to revocation with special constitutional status. This article has fought to provide a separate status and fundamental rights to this state given the ability to make new laws and autonomy for the permanent residents of the state. A recent central ordinance has extended the reservation to the STs and SCs in Jammu and Kashmir. Article 370 in the Indian Constitution has played a significant role in the field of providing the fundamental rights separately within the same country.
There is a close integration of the Indian Union and the J&K under article 370 through Accession integration 1947. Article 370 has facilitated a special status to this state in the federal and quasi oriented Indian polity in the constitutional framework. This article has explored the legal character and nature of this article within an Indian Constitution that might highlight the autonomy of the Indian Union. India unilaterally, arbitrarily and the Indian government has been abrogated under article 370 along with the assistance of the Elected Government and Constituent Assembly of J&K. The Economics of this state is also highlighted. The economic potential has been abrogated through this article and article 35 (A) has played a significant role in this segment.
Part XXI of the Indian Constitution deals with the special, transitional and temporary provisions. Therefore, Article 370 might be interpreted temporarily in regard to the Constituent Assembly of J&K through having the right of retaining, deleting and modifying to retain them. The Union Government has declared that there is no such proposal to mitigate Article 370. In the case, Kumari Vijayalakshmi 2017 at the Delhi High Court has too rejected through a petition in this court that Article 370 is entirely temporary and continuance of it is fraud under the Constitution. Hence the Supreme Court has debated for this phrase Temporary and declared that this article is not temporary. Apart from that, in the case of Sampat Praksh 1969, the Supreme Court has refused to accept the word temporary of Article 370. A five-judge Bench has imposed a new decision that Article 370 could never be ceased as an operative. Therefore it could be determined as the permanent provision and a separate constitution has been made on behalf of Jammu and Kashmir under Article 370.
Economics of Article 370
According to the Government of J&K, agricultural activities have smoothly continued in the valley. The MTs of fresh fruit during FY 2019 TO 2020 has been dispatched up to Rs. 18.34 lakh. In the sector of horticulture under scheme of Market Intervention has been launched through the Indian Government up to 15769.38 apples MTs valued about Rs. 70.45 crores directly from the Indian National Agriculture Marketing. The sector of Sericulture has recorded silk cocoon production in 2019 up to 813 MTs. During FY 2019 to 2020, the worth of handicrafts has Rs. 688.26 crores in the exported products. Different campaigns on tourism promotion might also be launched. Thus the Government of J&K might be informed according to the survey of Periodic Labour Force for FY 2017 to 2018 through the Indian Government Programme Implementation and Ministry of Statistics. The ratio of worker-population for those persons under the 15 years age group and above for J&K is up to 51%.
Definition of Article 370
Article 370 has determined the special status of J&K in regard to providing autonomy and capability to make new laws for the permanent residents of this particular state. The Presidential order is 1954; the fundamental rights in such Indian Constitution might be made applicable to this state with certain exceptions. The Indian Supreme Court in 2018 has ruled that article 370 has dealt with permanency and the constituent assembly of this state has declared it to exist. The Indian Government might be rendered in this article as inoperative in this existing constitution.
Article 370 of an Indian Constitution
Revoking Article 370
No Special Power
Applicable in case of financial emergency
Applicable of article 360
No applicability of Right to education
Right to education is applicable for children also
Not applicable of RTI
Applicable of RTI
No reservation among Sikhs, Muslims and Hindus.
The reservation ration is 16%
6 years legislative assembly duration
5 years legislative assembly duration
Table 1: Article 370 of an Indian Constitution
Article 370 has played a crucial role in the Indian Constitution and some rules have been changed now from the before. Some of the changes have been made in the status and rights of the J&K citizens.
The Article 370 is a landmark segmentation of the Indian Constitution and the Constituent assembly of this country. This article has dealt with the separate constitution and provided special status to the state of J&K. Article 35(A) also played a significant role under the Indian Constitution. This is the first instance; a separate constitution has been made on behalf of a single state.