some interesting facts on ARTICLE370. Dr BR Ambedkar was against Article 370 in Kashmir as he wanted the state to equally progress. Thus, he exchanged words with Abdullah. Thereafter, Abdullah approached Nehru who directed him to Ayyangar, the drafter of Article 370. Ayyangar then went to Sardar Patel asking him to advise something over the matter concerning Nehrus prestige. Thus, Patel got it passed when Nehru was on foreign tour. On the day this article came up for discussion, Dr. Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Krishna Swami Ayyangar. However, Article 1 of the Constitution of Jammu and Kashmir states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. Due to constant ceasefires, the situation was critical and abnormal in Kashmir as a part of states territory was still in charge of enemies. The law did not discriminate between the male and female permanent residents of the state. But the females were considered the PRs only until they got married. Thereafter, they had to seek for fresh PR. In 2004, the state high court, in the case of State of J&K Vs Sheela Sawhney, declared that there was no provision in the existing law dealing with the status of a female PR who married a non-resident. The provision of women losing their PR status after marrying outside the state, therefore, did not have any legal basis. It brought relief to women marrying outside the state. Thereafter, Peoples Democratic Party led by Mehbooba Mufti passed a law to overturn the court judgment by introducing a Bill styled “Permanent Residents (Disqualification) Bill, 2004 which was further backed up by Omar Abdullahs political party National Conference. Raman Malik
Posted on: Sat, 12 Jul 2014 13:23:51 +0000
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