In the previous post we have discussed about article 35a. In this post we will discuss about the article 370. Once again, there has been debate over Article 370 in the political corridor. Someone is in favor of it, and then someone has enough ground to oppose it. Someone thinks that this section of the Constitution should be amended then someone seems to be debating this issue. So let’s know about article 370
What Is Article 370?
Article 370 is a special article of the Indian Constitution, through which the State of Jammu and Kashmir enjoys special powers or special status (other than the other states) in India. Since the country got independence, this section has been very controversial in Indian politics till now. It was prepared by Jawaharlal Nehru’s special intervention. The issue of Kashmir for independent India has remained a problem till date.
SOME SPECIAL POINTS REGARDING ARTICLE 370
1) Article 370 is part of the Constitution of India.
2) This section is included in the 21st of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.
3) The words of Section 370 are titled – Temporary provision in relation to Jammu and Kashmir.
4) The provisions under Article 370 have been changed from time to time which has been started from 1954. The significance of 1954 is that in 1953, the then Wazir-e-Azam Sheikh, Kashmir’s Mohammed Abdullah, who was an intimate friend of Jawaharlal Nehru, was arrested and detained.
SPECIAL RIGHTS GIVEN UNDER ARTICLE 370
- The citizens of Jammu and Kashmir have dual citizenship.
- The national flag of Jammu and Kashmir is different.
- The term of Jammu and Kashmir’s Assembly is 6 years, while the tenure of the Legislative Assemblies of other states of India is of 5 years
- In Jammu and Kashmir insulting of national flag or national symbols of India is not a crime.
- The orders of the Supreme Court of India are not valid within Jammu and Kashmir
- Parliament of India can make laws in very limited area in relation to Jammu and Kashmir.
- If a woman from Jammu and Kashmir marries a person from another state of India, the citizenship of that woman will end. On the contrary if he marries a person from Pakistan, he will also get the citizenship of Jammu and Kashmir
- Laws such as RTI and CAG are not applicable in Kashmir due to Section 370.
- Sharia law is applicable to women in Kashmir.
- The Panchayat is not entitled to Kashmir.
- The peon gets Rs 2500 in Kashmir.
- Minorities [Hindu-Sikh] in Kashmir did not get 16% reservation.
- People cannot buy land in Kashmir due to Section 370.
Thus the debate on this article is never ending. The Sub-Article 3 of Article 370 states that “In the preceding provisions, anything can be written; the President can declare by disclosure that it can be terminated if this section leaves some exceptions or amendments. I believe it should be ended because Indian constitution says everybody is equal.