Article 370 History and Meaning

Information about Article 370 of the Indian Constitution:

Article 370 of the Indian Constitution gave special status to the region of Jammu and Kashmir, giving it a separate constitution, state flag and autonomy over the state's internal administration. A manuscript of the Articles of Part XXI of the Constitution was prepared according to which transitional and special provisions were made to the Constituent Assembly of Jammu and Kashmir along with Jammu and Kashmir to recommend those articles of the Indian Constitution.

After this an order was issued by the President in the year 1954 after consultation with the Constituent Assembly of the State of Jammu and Kashmir.

Brief description of Article 370:

Special rights for Jammu and Kashmir as per Article 370:

• According to the provisions of Article 370, the Indian Parliament has the right to make laws regarding the defense of Jammu and Kashmir, foreign affairs and communications, but to implement the law related to any other subject, the Central Government needs the support of the State Government.
• Due to the special status of Article 370, Article 356 of the Indian Constitution does not apply to the state of Jammu and Kashmir. Section 365 has been provided in the event of failure of the constitutional machinery of the states.
• Because of Article 370, the President does not have the authority to abrogate the constitution of the state.
• The Urban Land Act of 1976 also does not apply to Jammu and Kashmir.
• People from other states of India cannot buy land in Jammu and Kashmir. Under Article 370, the Indian citizen has the right to buy land anywhere in India except in the states with special powers.
• Article 360 ​​of the Indian Constitution, which provides for imposing financial emergency in the country, does not apply to the state of Jammu and Kashmir.
• Under Article 370, the flag of Jammu and Kashmir is different, with which the citizens of Jammu and Kashmir have the right of dual citizenship.
• Article 370 can be abrogated or amended only on the recommendation of the Constituent Assembly of the state of Jammu and Kashmir.

Important facts related to Article 370:

• Article 370 was implemented concurrently with the Constitution of India in Jammu and Kashmir, by order of the President on 26 January 1950.
• Some articles in ten of the twenty-two parts of the Indian Constitution were extended to Jammu and Kashmir, with amendments and exceptions made by the state government. But this order was canceled by the Presidential Order of 1954.
• In the year 1956, the laws and regulations of Octroi, Central Navy, Civil Aviation and Department of Posts were implemented in Jammu and Kashmir.
• From the year 1958 onwards, the appointment of IAS and IPS officers to the central service started in this state. Along with this, the rights of the CAG also came into force on this state and in the year 1959, the Indian Census Act came into force on Jammu and Kashmir.
• In 1979, Articles 354 and 35 of the Constitution were invoked on this state. According to these articles, the President was empowered to impose President's rule in the state of Jammu and Kashmir in case of disturbances in the constitutional order in Jammu and Kashmir.
• In 1949, the Lok Sabha was empowered to send elected representatives by direct voting, after which, from 1985, central laws relating to labor welfare, labor organisation, social security and social insurance came into force in the state.
  On 5 August 2019, a bill was introduced in the Rajya Sabha by Home Minister Amit Shah to give the status of two separate Union Territories to Jammu and Kashmir with the objective of giving statehood to Jammu and Kashmir, and Ladakh.
• And the union territory of Kashmir proposes to have a legislature under the bill, while the union territory of Ladakh is proposed not to have one. The motion was approved by the Rajya Sabha by 125 votes in its favor. With which, on 6 August 2019, the bill was approved by the Lok Sabha by 370 votes in its favor.

Changes of the Indian Constitution on the abolition of Article 370:

• Jammu and Kashmir will be separated from Ladakh.
• Jammu and Kashmir and Ladakh will be separate union territories.
• Along with the Union Territory of Jammu and Kashmir, there will also be a Legislative Assembly, such as Delhi.
• There will be no separate constitution in Jammu and Kashmir.
• The office of the Legislative Assembly of Jammu and Kashmir is 5 years instead of 6 years.
• The citizenship, the flag and the constitution will be abolished in double symbols.
• Any citizen of India can acquire property in Jammu and Kashmir.
• The orders of the Supreme Court and the laws of Parliament will prevail.
• Minorities will get the facility of reservation.

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