What is article 370 and how it came into existence??........did you know!!
Recently we all have heard about cancellation of ART.370 & 35(A) in Jammu and Kashmir. It was revoked by president ramnath kovind and the bill was passed in both the houses which is quite interesting. Some parties were against the bill, but maximum members supported it.
So, now many of us don't know that why was ART.370 & 35(A) made and what is it?. We just know some part of it but the article has big story where it takes us to the year 1927 to 1932 where dogra ruler of princely state j&k "Maharaja Hari Singh" made a law that defined state subjects and their rights.
When there was partition made between India and Pakistan. There was princely rule in Kashmir, who wanted j&k as an independent country, but in the year 1947 Pakistan attacked on Kashmir. By seeing this Maharaja Hari Singh asks assistance from Indian government. But Indian government tells that, in which position should we help you because you are not a part of India.
After this act there was a document signed between Maharaja Hari Singh and Indian government called instrument of accession on 16th October 1947. Same document was signed with all princely and integrated them in India. In the day we signed instrument of accession with them j&k became integrated part of India. After this Indian government sent it's army to Kashmir and made Pakistan army to go back to their country.
At this point Sardar vallabhai Patel told that we go to a state of war against Pakistan, send Indian army to Kashmir to remove remaining Pakistani army. But Nehru didn't want more violence so he told to Mohammad Ali Jinnah about instrument of accession signed with Hari Singh. In reply Jinnah told that they don't believe in this document, as India made that document with coercion. So it has no value in front of them. Then Nehru took this matter to UN CHARTER. Here UN neglects instrument of accession and announces that Jammu and Kashmir is a disputed area. To solve this dispute they gave a solution which was "PLEBISCITE" (it's a voting in which people of Jammu and Kashmir are asked in which country they want to merge,
Pakistan or India). But wait to apply this they should fullfill 2rules they are as follows :-
1). India should take it's army back from Jammu and Kashmir.
2). Pakistan should take it's army back from Jammu and Kashmir.
After fulfilling this PLEBISCITE will be applied.
As we all know both the countries didn't take their army back. So PLEBISCITE never took place.
When this all was taking place, a new leader was born in Jammu and Kashmir "sheikh Abdullah". The person who represented Muslims, he knew all problems faced by Jammu and Kashmiri people. He was socialist so most of the time he was kept in jail.
First political party in kashmir was " ALL INDIA JAMMU AND KASHMIR MUSLIM CONFERENCE" which was represented by the majority people of Jammu and Kashmir. Then they changed it as "NATIONAL CONFERENCE" which was represented by all suppressed classes of Jammu and Kashmir. So Nehru thought that if the PLEBISCITE takes place then also Jammu and Kashmiri people should feel secure in India. By this thinking article 370 took place.
There was a meeting between sheikh Abdullah and Indian government which is called "Delhi agreement". In this meet there was deep discussion on all the conditions mentioned in instrument of accession and to incorporate this accession in constitution article 370 had been made.
ART.370 comes in XXl part of Indian constitution. This part provides Temporary, Transitional and Special provision to 14 States of India.
Namely:-
*Gujarat
* Nagaland
* Assam
* Manipur
* Andhra Pradesh
* Telangana
* Sikkim
* Mizoram
* Arunachal Pradesh
* Goa
* Karnataka
* Jammu and Kashmir
Among them one is Jammu and Kashmir which was covered in article 370.
Because if it's huge provisions we will divide it into 3 parts to understand it correctly.
1]. Power of parliament
It has power to make laws to all central and concurrent listed states. But article 370 states that power of making laws in Jammu and Kashmir will be restricted to the parliament. It can only make law on that conditions which was stated in instrument of accession.
Now which conditions were included in IOA:-
1. Defense
2. Communication
3. External affairs.
This 3 areas covered about 31 matters of central and concurrent list. So parliament has rights to make law on only this 31 matters other than that laws then it has to take permission from state government.
Generally whenever the parliament makes new law like Right to information or on GST then it applies to all the states of India. But it's not same for Jammu and Kashmir. Jammu and Kashmir has some separate procedures,
1. Parliament passes the bill
2. The bill is taken to state assembly of Jammu and Kashmir
3. Assembly ratifies or passes (ART.370)
4. If assembly passed the bill then only it's applicable in Jammu and Kashmir.
2]. Laws Applicable In Jammu and Kashmir.
ART.1&370 are Applicable in Jammu and Kashmir. Other than this article only that provisions of constitution will be Applicable which were specified in "Presidential order of 1954". This order will be modified time-to-time. All articles and provisions specified in this order will be applicable in Jammu and Kashmir and other provisions are not Applicable.
3]. Can ART.370 Cease to Exist.
Generally this will be asked in many debates that "Can we stop article 370?",
Answer to this question is also in ART.370. According to 370(3) says that if the constituent assembly of Jammu and Kashmir says that ART.370 should be removed or abrogate. After that if president should say in public notification that ART.370 should be removed. After that Art.370 will cease to exist.
It seems very easy right!!!!.
But the main problem starts now, as we all know that the constituent assembly of Jammu and Kashmir was dissolved in 1957. Now we know that "ART.370(3)" has no meaning.
And lastly article 370 cover 3 areas
1. Power of parliament
2. Laws Applicable in Jammu and Kashmir
3. Can ART.370 cease to exist.
Here ends how article 370 came to existence and what is article 370.
About section 35A I will tell in next blog,
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