what exactly is the Article 370 and why is it so important to Jammu and Kashmir? # Accordingto the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy. # Thearticle says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir. # DrBR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370. # In1949, 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. # Exceptfor defence, foreign affairs, finance and communication, all other laws passed by Indian Parliament need to be okayed by the state government before they are made applicable. This was specified in the Instrument of Accession signed by Maharaja Hari Singh when he agreed to join the Union of India in 1947, instead of going with Pakistan. # Asa result of this, the citizens of Jammu and Kashmir are governed by state-specific laws which come under the Constitution of Jammu and Kashmir, instead of those for the rest of India, especially where citizenship, ownership of property and some fundamental rights are concerned. # Thisarticle, along with Article 5 that defines the contours of jurisdiction of Indian Parliament regarding lawmaking for the state, cannot be amended. #The 1952 Delhi Agreement also specified that the state should have its own flag in addition to the Union flag and they should have the same status. #This arrangement was further ratified by the 1974 agreement between the then Prime Minister Indira Gandhi and the then J&K Prime Minister Sheikh Abdullah (appointed by Hari Singh). # Itwas agreed that head of state called Sadar-i-Riyasat(or the Prime Minister) was to be elected by the state legislature. #The agreement opposed imposition of Article 352, empowering the President to proclaim general emergency in the state #The state legislature has a six-year term, unlike other elected bodies, which have a five-year period, including our Parliament. In a nutshell #The Indian Supreme Court has no jurisdiction in J&K. # Disrespectingthe Tricolour and other national symbols is not a crime in the state. # J&K residents enjoy dual citizenship. They will lose their J&K citizenship if they marry residents of other states. # APakistani resident gains J&K citizenship if he marries a J&K citizen. # RTE, RTI, CAG and majority of Indian laws are not applicable in the state. # Becauseof Article 370, no outsider (anyone who is not a native Kashmiri) can purchase land in J&K
Posted on: Tue, 30 Dec 2014 14:31:05 +0000
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