Lecturrete Topic 9 - Article 370

Introduction

1. Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.
2. The article is a measure of safeguard that allows J&K to have its own constitution. Some issues lie with the Indian Government while others are matters dealt by the State Government.
3. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The State's Constituent Assembly was empowered to recommend the articles of the Indian constitution to be applied to the state or to abrogate the Article 370 altogether.
4. After the state Constituent Assembly dissolved itself without recommending abrogation, the Article 370 was deemed to have become a permanent feature of the Indian Constitution.
5. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
6. 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.
7. According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government\'s concurrence for applying all other laws.
8. Article 370 was eventually drafted by Gopalaswami Ayyangar.
9. Ayyangar was a minister without a portfolio in the first Union Cabinet of India. He was also a former Diwan to Maharajah Hari Singh of Jammu and Kashmir.
10. 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.
11. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.
12. Can Article 370 be deleted? - Yes, Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of J&K’s Constituent Assembly. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. But the other view is that it can be done, but only with the concurrence of the State Assembly.

Article 370 Main Features

1. The Indian Parliament cannot pass any legislation without the state legislature’s approval.
2. Jammu Kashmir has its flag and constitution. 
3. In such a state, a presidential rule cannot be declared. 
4. Jammu Kashmir has its criminal law, known as the Ranbir Penal Code, which only the Governor can enforce.

On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir—a region administered by India as a state and this state consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947

Advantages of removal of Article 370

1. Attempts to unite Kashmir with other states of India.
2. Propagates One Nation One Constitution Slogan
3. Open doors for growth and development in the valley
4. Private investors can invest and boost the economy of the state
5. Better medical and education facilities can be provided to the residents of the Valley
6. Central government can curb corruption since it is a UT now.
7. Authorities are in a better position to curb terrorism and instill peace in the Valley

Disadvantages of removal of Article 370

1. There were several presidential order issues under Article 370. Repealing it just like that will create practical difficulties and political vulnerability.
2. Instilled insecurity in the locals as they have to give away their dual citizenship
3. Kashmiri Muslims feel it threatens the state’s unity and integrity
4. Hampers the delicate relationship with Pakistan.
5. Implants the seeds of insecurity in a certain section of citizens.