INDEPENDENCE OF KASHMIR AND ADOPTION OF ARTICLE 370
When British sovereignty lapsed, Maharaja Hari Singh of Kashmir (J&K) executed a standstill agreement with Pakistan, as he had not decided to accede Kashmir to India or Pakistan. But during this standstill, Pakistan army raiders began advancing on Kashmir, and to retaliate this attack in October 1947, Maharaja Hari Singh signed the ‘Instrument of Accession’ with India to request for defense. The subjects mentioned on which J&K would transfer its powers to the government of India were 1. Foreign affairs, 2. Defense and 3. Communications. While, in July 1949 , Sheikh Abdullah, the then-prime minister of state of J&K joined the Indian Constituent Assembly and negotiated the special status of J&K through adoption of Article 370.
In result, Jammu & Kashmir had its own Constitution and all laws passed by Indian Parliament will not be applicable to the State, unless the State government gives its permission. While, the President of India is empowered to decide what provisions of the Constitution of India would be applicable to the State and what are the exceptions, but with the State government’s assent. These special provisions ensures the autonomy of Kashmir.
HOW ARTICLE 370 BECAME A BLESSING IN DISGUISE FOR GOVERNMENT OF INDIA
CAN KASHMIR BE INTEGRATED INTO INDIA
Article 370 is mentioned in Part 21 of Indian Constitution, the heading of which is “TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS”. It clearly mentioned Article 370 as a temporary provision which can be ceased or amended. Abrogation of this article will integrate J&K into India.
IF ARTICLE 370 AND ARTICLE 35A SCRAPED
As per Clause 3 of Article 370, The President may, by public notification, declare that this Article ceases to be operative, but only on the recommendation of the constituent Assembly of the State.
HOW GOVERNMENT MADE IT EASY
PASSAGE OF KEY BILLS
However, the constituent Assembly has ceased to exist and the powers of the State Legislature of J&K are vested with the Parliament ( Under Article 356 ) by the virtue of President’s Rule in J&K, hence a presidential order under Article 370 (1) of the Constitution has given his concurrence on behalf of the State government to scrap Article 370 altogether.
The Union Home Minister introduced two statutory resolutions, one, to recommend that the President issue a notification rendering Article 370 inoperative, and two, to accept the Jammu and Kashmir Reorganization Bill. The passage of the former resolution in Rajya Sabha enabled the President to declare that Article 370 has ceased to operate.
The Bill passed in Lok Sabha with full majority converting Jammu and Kashmir into a Union Territory with a legislature, and carve out Ladakh region as another Union Territory, but without a legislature.
DECISIVE ROLE OF SUPREME COURT
Many more times the honorable Supreme Court of India had given judgement over J&K related issues even by setting aside the high court judgement of J&K.
In one of its judgement it held that the state of Jammu and Kashmir has “no vestige” of sovereignty outside the Constitution of India and its own Constitution is subordinate to the Indian Constitution.
So, If the State Constituent Assembly has ceased to exist and the President of India would not be able to fulfill the mandatory provisions required for abrogation of article 370 then it may also upheld the Article 370.
20:06 (IST), AUG 06
The Bills pertaining to Jammu, Kashmir and Ladakh will ensure integration and empowerment. These steps will bring the youth into the mainstream and give them innumerable opportunities to showcase their skills and talents. Local infrastructure will significantly improve.PM Modi tweets
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12 Replies to “Article 370- A Blessing In Disguise”
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A well researched article, free of any bias and political correctness! Thanks.
Thank you for your encouraging words and valuable reply.
You have posted a good opinion piece. Keep it up buddy!
You presented topic very intensively.I like it.keep it up. Complete integration of J & K after scraping article 370 is tribute to our martyrs.One thing is very shameful the party who made Kashmir issue disputed is still against the removal of Article 370. Scraping of Article 370 will bring J&k in main stream of development it’s very positive move.
Revoking Article 370 was much needed and a brave move by India. “Modi hai to Mumkin hai” as said by Mike Pompeo.
PS Such a wonderful analysis. Thanks a ton!