History of Article 370
- The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed prime minister of Jammu & Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted ‘iron clad autonomy’ for the state, which Centre didn’t comply with.
Provisions of Article 370
- According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws. Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
- As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
- Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government
Can article 370 be revoked?
- Article 370 can be revoked only if a new Constituent Assembly of Kashmir recommends revocation. Since the last Constituent Assembly was dissolved in January 1957 after it completed the task of framing the state’s Constitution, So if the parliament agrees to scrap Article 370, a fresh constituent Assembly will have to be formed.
- The constituent Assembly will consist of the same MLAs elected to the State Assembly. Simply put, the Centre cannot repeal Article 370 without the nod of J&K State
Some very important facts about article 370.
- The article says that the provisions of Article 238, which was comitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir.
- Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370.
- In 1949, the then Prime Minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar (then law minister) to prepare the draft of a suitable article to be included in the Constitution.
- Article 370 was eventually drafted by Gopalaswami Ayyangar
- Ayyangar was a minister without portfolio in the first Union Cabinet of India. He was also a former Diwan to Maharajah Hari Singh of Jammu and Kashmir
- Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.
- The original draft explained “the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948.”
- On November 15, 1952, it was changed to “the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.”
- Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.
- All India Services Act
- Border Security Force Act
- Central Vigilance Commission Acta
- Essential Commodities Act
- Haj Committee Act
- Income Tax Act
- The Central Laws (Extension To Jammu And Kashmir ) Act, 1956
- The Central Laws (Extension To Jammu And Kashmir ) Act, 1968
