Article 370

Jammu and Kashmir received a special status by the imposition of Article 370 of the Indian Constitution. Jammu and Kashmir is a part of the bigger area of Kashmir which was in dispute for many years between China, India and Pakistan since 1947. Article 370 received three special titles which are:

  • Temporary
  •  Transitional
  • Special Provisions

Provisions Under Article 370

There are certain provisions under Article 370 that are:

  • The Parliament needs the approval of the Government of Jammu and Kashmir in order to apply laws in Jammu and Kashmir. There are some exceptions such as Defence, finance, communication and foreign affairs.
  • According to Article 370 no person from outside Jammu and Kashmir can purchase a property in Jammu and Kashmir. The central Government even has no power to proclaim a financial emergency in Jammu and Kashmir.
  • Jammu and Kashmir are bound as a state under Indian Union by Article 370(1)(c). Article 1 exercises with the help of Article 370. If Article 370 is repealed then Jammu and Kashmir will be termed an independent state until and unless new laws are made.

Significance of Article 370

Article 370 provided a lot of powers separately to the state of Jammu and Kashmir such as:

  • Separate Constitution
  • Separate flag
  • Ability to compose laws.

There were even some exceptions over which the Indian Union had full control of that were:

  • Defence
  • Foreign Affairs
  • Communications

As Jammu and Kashmir had the right to make their own laws, no person from outside of Jammu and Kashmir was allowed to purchase a property and settle there.

Why was Article 370 revoked?

Article 370 was opposed by Prime Minister Narendra Modi and the ruling party Bhartiya Janata Party and it was also a part of the election manifesto of 2019. It was necessary to revoke it in order to bring Kashmir to the same level as the other states and union territories of India. After the Modi government came into power once again it took no time in order to work on its promise of revoking Article 370 of the Indian Constitution. On 5th August 2019 Article 370 was finally revoked. Jammu and Kashmir will not have a different constitution and will work under the Indian Constitution like all the other states and union territories. All the Indian laws will apply to the Kashmiri people and now people who live in other states can now purchase property in Jammu and Kashmir.

Reorganisation Act, 2019

This was an act that was passed to reconsider and reconstitute the state of Jammu and Kashmir, which came into power on 31st October 2019. The act contained a lot of refurbishments such as:

  • It consists of 103 clauses.
  • 106 central laws were extended to the union territory.
  • Repealed 153 state laws.
  • The Legislative Council of Jammu and Kashmir was abolished.

The bill was introduced after the abolition of Article 370 by the President’s order which revoked the special status provided to Jammu and Kashmir. There were many strict provisions once the Act was in power such as Communication blackout and security lockdown imposed in order to cool down the situation of the state after the major changes in the law and order.

Conclusion

Article 370 of the Indian Constitution was implemented to give power to the people of Jammu and Kashmir to have their own control due to disputes in the neighbouring countries but it was taken back when the Bhartiya Janata Party was in power in 2019 and it led to a lot of revolts and setbacks which were also countered swiftly by the Government. It included Jammu and Kashmir under the Indian Union and also brought it to the same level as the other states.