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Article 370: New Destiny for Two New Union Territories of India

Abstract

Article 370 provides various powers and privileges to the State of Jammu and Kashmir under temporary provisions of this Article. This Article was inserted in our constitution by Jawaharlal Nehru with the help of Sheikh Abdullah in late 1947, who had been later appointed as the Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawaharlal Nehru. This provision is however repealed by central government because it grants special status to Jammu and Kashmir. This article covers the period from 1946 to 2019, from the promotion in India in 1947 to the Abrogation of this Article in 2019.

Introduction

This Article came into existence by Shaikh Abdullah in late 1947, who was then appointed as the Prime minister of Jammu and Kashmir by Maharaja Hari Singh and Jawaharlal Nehru, he kept the portfolio of Jammu and Kashmir with him and appointed Sardar Vallabh Bhai Patel the Home Minister and made Nehru answerable to all acts of commission and omission Article 370 is the cluster of all powers and privileges provided to the State of Jammu and Kashmir. It provides special status to Jammu and Kashmir located in extreme Northern part of India. It provides Jammu and Kashmir with the power to have their own Constitution, Flag and Autonomy over the internal affairs of the State. This Article was drafted under Part XXI of Indian Constitution as temporary, transitional and special provision. In 1954 Article 35A was incorporated into the constitution by an order of President Rajendra Prasad on the advice of Jawaharlal Nehru. Article 35A provides residents of Jammu and Kashmir with separate laws related to citizenship, ownership of property in Jammu and Kashmir. Later on 5th Aug 2019 Hon’ble president Ram Nath Kovind issue an order to suspend this article, the resolution was passed in both houses of Parliament with 2/3 of majority declaring all clauses of article 370 except clause 1 to be inoperative. Jammu and Kashmir Reorganization bill was passed on 5th Aug 2019 by Amit Shah which divides the Jammu and Kashmir into two new Union Territories i.e, Jammu and Kashmir and Ladakh.

What is Article 370

  • Four year later the implementation of constitution of India Article 370 of Indian constitution came into force through a special order issued by then president of India.
  • It grants special status to the state Jammu and Kashmir and prove separate constitution, Flag, dual citizenship and autonomy over internal affairs within state.
  • This Article was drafted under part XXI of Indian constitution as temporary, transitional and have special provisions.
  • It permits the state government to make its own laws on the matters except finance, defense, foreign affairs and communications.
  • Under this Article if a Kashmiri woman marries an Indian man then her citizenship terminates, but if she marries a Pakistani man then it does not affect her citizenship.
  • If a Pakistani man marries a Kashmiri girl, then he gets Indian citizenship too while Indians don’t get this
  • The people from other state can not buy or purchase land and property in Kashmir.
  • Under this Article disrespecting National symbols like Flag, National anthem, etc. does not fall under the category of crime.
  • The President of India does not posses the power to declare financial emergency in the state Jammu and Kashmir.
  • The central government can impose financial emergency only when the following conditions arise i.e, war and external invasion.

Also Read – Article 370: An Untold Story

Effect of Abrogation of Article 370

  • The citizens of Jammu and Kashmir will no longer have dual citizenship.
  • No special status is given to Jammu and Kashmir.
  • Indian constitutional laws are applicable over residents of Jammu and Kashmir.
  • No separate Flag for Jammu and Kashmir.
  • Directive principle of state policy and Fundamental Duties made applicable to Jammu and Kashmir.
  • Minorities i.e, Hindus and Sikhs will now enjoy 16% of reservation.
  • Article 35A become null and void.
  • Article 360 (Financial Emergency) of Indian Constitution can be applied to the state Jammu and Kashmir.

Advantages of Revocation of Article 370

  • As our Hon’ble Prime Minister Narendra Modi says “India is now one Nation with one Constitution” which put the feeling of unity among citizens of India.
  • After Revocation new companies can enter and invest in Jammu and Kashmir which will further enhance the economy of the State.
  • Appropriate measures to curb the terrorism to be taken by central government.
  • The central government can now provide better medical facilities to its citizens.
  • There will be rapid increase in tourism and betterment in job opportunities.

Problems faced by citizens of J&k after Removal of Article 370

  • Revocation of Article 370 create fear among the citizens of Jammu and Kashmir, now people from other state can purchase land or property which create the fear in their mind that the state would now face demographic transformations i.e, from majority of Muslims to majority of Hindus.
  • Revocation of Article 370 made relation of India and Pakistan more delicate.
  • The overnight Revocation of this Article creates fear about security among the residents of Jammu and Kashmir.
  • After Revocation Kashmiri girls can marry outside of Jammu and Kashmir without losing their citizenship is being misused by some sections of the society by threatening them about marrying their girls which is sexist and a threat to security of Kashmiri women.

Conclusion

Article 370 provides special status, separate Flag, own constitution and Autonomy over internal affairs which has been scrapped by BJP government on 5th Aug 2019 and divide Jammu and Kashmir into two new Union Territories i.e, Jammu and Kashmir and Ladakh which creates destiny for these two newly formed Union Territories and successfully created “One Nation One Constitution” and unite the citizens of India.

This article is authored by Amisha Jain, student of BBA LL.B (Hons.)at Teerthanker Mahaveer University Moradabad, U.P.

Also Read – What is Article 370? Why Dr. B.R Ambedkar refused to draft Article 370?

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