Saturday, February 23, 2019

What is Article 370:Special Status of the Jammu and Kashmir and all about J&K

*Article 370 of the Constitution of India provides a special status to the state of Jammu and Kashmir. The state owes its origin in the rapid accession of the province of Jammu and Kashmir to India amidst invasive fear from Pakistan. Special provisions are provided to this state in part XXl of our constitution.

Article 370 in the part XXI of the constitution of India provides a special status to the state of Jammu and Kashmir. The special status provided the state with considerable autonomy and most of the decision was taken by center and in consent with the wishes of the state government, excluding external affairs, defence, communications and ancillary matters.

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Main Features of the Accession
*Though, envisaged to be of very temporary arrangement, it went on to define the special treatment to the state of Jammu and Kashmir as elaborated below:

1. Under the agreement, the state surrendered defence, communications and external affairs.

2. State was also provided with autonomy to draft its own constitution through its separate constituent assembly.

3. Article 370 was incorporated in Indian constitution temporarily to accommodate above features.

4. The state of J&K was specified in the category of Part B states in the original constitution (1950).

5. Laws on Union and concurrent list will be made by centre only with the consent of state of J&K

Article 1 will also be applicable.
1. Its name, area or boundary cannot be changed without the consent of state legislature.

2. Part VI of Indian constitution dealing with state government is not applicable.

3. Residuary power belongs to state, except in prevention of activities involving terrorist acts, questioning and disrupting the sovereignty and territorial integrity of India and causing insult to the national flag, national anthem and the constitution of India.

4. Fundamental right to property is still granted in the state.

5. Special rights are granted to permanent residents of state with regard to public employment, acquisition of immovable property, settlement and government scholarships.

6. Directive Principles of state Policies and Fundamental duties are not applicable.

7. National emergency on the ground of internal disturbance will have no effect except with the concurrence of state government.

8. Financial emergency cannot be imposed.

9. High Court of Jammu and Kashmir cannot issue writs for other than Fundamental rights.

10. The denial of citizenship rights of migrants to Pakistan is not applicable.

11. Fifth schedule and sixth schedule of Indian Constitution are not applicable.

12. Official language provisions are applicable only in so far as they relate to the official language of the Union.

13. An amendment made to the Constitution of India does not apply automatically to the state unless extended by Presidential Order.

14. President rule can be applied only on the ground of failure of constitutional machinery of state constitution and not of Indian constitution.

15. Consent of State legislature is also imperative in case of international treaties or agreements.
Thus, the relation between Jammu and Kashmir and India must be harmonized at the earliest in order for India to attain glory. It cannot bear the brunt of boiling Kashmir if it wants to develop and prosper in the contemporary world. The panacea lies in addressing the aspirations of all the stake holders on priority basis without compromising the integrity and security of India. India will develop if all its organs and its geography develop.

What are the demands of Kashmiri from Government of India
The issue of Kashmir between India and Pakistan has been in discussion since the time of India's independence. At the end of British rule, Jammu & Kashmir State also became independent on 15 August 1947. At this juncture, King Hari Singh decided that he would not accept the sovereignty of neither India nor Pakistan.

This decision of the Maharaja was soon proved wrong when the Pakistan-backed 'Azad Kashmir Army' invaded the western part of the state on October 20, 1947, he started looting of shops, theft and arson in the houses, women raped and hostaged and they were moving towards eastern Kashmir with similar disasters; in such a situation Maharaja Hari Singh sought military help from Jawaharlal Nehru and then on October 26, 1947 the treaty of accession was signed between the Jawahar Lal Nehru and Maharaja Hari Singh.

Under this treaty, 3 subjects; Defense, foreign affairs and communications were handed over to India.

After this agreement, Article 370 was added to the Constitution of India, in which it has been clearly stated that the provisions related to Jammu and Kashmir are only temporary and not permanent. Article 370 of the constitution provides some special provisions/relaxation to Jammu and Kashmir. So article 370 of Indian constitution is the apple of discord between the Kashmir peoples and rest of the Indian citizens.
Jammu & Kashmir at a Glance: Land of Beautiful Valley

In a historic event on 26th June 2000, the Jammu and Kashmir Legislative Assembly had accepted the recommendations of a 'State Autonomous Committees'. In this report, the committee had given more autonomy to the state of Jammu and Kashmir. All Kashmiris are agitating for a very long time to implement the recommendations of this committee. Recommendations of the committee are given below:

1.The word "temporary" mentioned in article 370 of the Constitution should be written "Permanent" so that the status of special state to Jammu and Kashmir is confirmed forever.
2. Article 356 (President's rule) should not be applied to the State of Jammu and Kashmir.

3.The decision of Jammu and Kashmir State Legislative Assembly in the state of external aggression or internal emergency should be the final decision.

4. There should be no role of India's Election Commission in the Jammu and Kashmir state.

5. There should be no place for All India Services like IAS, IPS and IFS in the state of Jammu and Kashmir.

6. There should be a separate chapter of the Fundamental Rights for Jammu and Kashmir in the Indian Constitution.

7. The Governor of the Jammu & Kashmir State should be called the Sadar-e-Rajya and the Chief Minister as Wazir-e-Azam.

8. The role of Parliament and President should be minimized in case of Jammu & Kashmir.

9. There should be no special provision for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the State. Here it is necessary to mention that the Muslims of Jammu and Kashmir are considered as minorities under which they receive many facilities from the Indian government.

10. There should not be any special hearing regarding the State of Jammu and Kashmir in the Supreme Court of India.

11. The Supreme Court should not have the right to hear the judgment of the civil and criminal proceedings of the Jammu & Kashmir High Court.

12. The Indian Parliament should not have any right to amend the constitution of Jammu & Kashmir state.

13. The Center's decision regarding inter-state rivers and river basins should not be applicable to Jammu and Kashmir.

When all these recommendations were sent to the Cabinet of the Government of India for approval on 14th July, 2000, the Central Government refused to accept the recommendation of the committee by saying that these recommendations are against the principles of unity and integrity of the country. When the recommendations of this commission were rejected then the separatist leaders of the Kashmir intensified their anti India activities and promoted stone pelting on the Indian soldiers and suicidal attack on military camps.

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