what is the special today/article 370

5 AUGUST  2019 CHANGE ARTICLE370

Some changes were made to Article 370,in 5th august 2019.

Article 370 was included in the constitution on 16 October 1949.  Under this section, Jammu and Kashmir was exempted from the Indian Constitution (except for Article 1) and the state was allowed to draft its own constitution.  This section says that the power of the parliament is limited in that state.  In order to enforce any central law, including the annexation of India, it has to be taken as a state.  But the state government must agree on other issues.  In 1947, the partition of British India into India and Pakistan and the enactment of the Indian Constitutional Act came into force.

 After independence, the sovereignty of about 600 states was restored.  The law has three possibilities.  Firstly, to remain as an independent country, secondly, to join India or, to join Pakistan.  Although there was no written form in this regard, the states could decide on the terms and conditions of joining a state.  There was an unwritten agreement that, if the promise of joining was not kept, both parties would be able to return to their former positions.

Several other states enjoy this special benefit through Articles 371, 361A and 361L of the Constitution.

 In Jammu and Kashmir, Parliament has the power to make the final decision on defense, foreign affairs and communications as conditions for India's accession.  In sub-section 5 of the Indian annexation of Kashmir, Raja Hari Singh of Jammu and Kashmir made it clear that the annexation of the state to the Indian Independence Act could not be changed by any amending law without his consent.  Sub-section 6 stated that the terms of this accession to India could not be changed by any future constitution.

How did Section 370 come into force?

 The original draft was given to the Government of Jammu and Kashmir.  After some changes, Section 307A (now 360) was passed in the Constituent Assembly on May 26, 1949.  Iyengar said that despite the completion of India's accession, India is proposing that a referendum be held if the situation arises, and if India's accession is not accepted in the referendum, then "we will not prevent Kashmir from seceding from India."

What is the significance of Article 370 in Indian United States?

 Article 1 of Article 370 is mentioned, where Jammu and Kashmir is placed in the list of states.  It has been said that the constitution will be implemented in Jammu and Kashmir through section 370.  However, on 26 November 1973, Nehru told the Lok Sabha that Article 370 had been repealed.  Article 370 has been used at least 45 times to keep the Indian Constitution in force in Jammu and Kashmir.  In this way, the special status of Jammu and Kashmir has been almost denied on the basis of the President's order.  As per the 1954 directive, almost the entire constitution, with all its amendments, has been implemented in Jammu and Kashmir.  Of the 96, 94 federal lists are applicable in Jammu and Kashmir, 275 of the 395 paragraphs are valid in the states, and 8 of the 13 schedules are applicable there.Article 370 has been used more than once to amend the Constitution of Jammu and Kashmir, although the President does not have the same powers under Article 370.  The government needed amendments to the 59th, 64th, 7th and 8th constitutions to maintain presidential rule in Punjab for more than a year.  But in the case of Jammu and Kashmir, he applied only Section 370 and left.  No resolution was passed in the Legislative Assembly to implement Article 249, which is required for enactment of laws for the listed states, in Jammu and Kashmir, and it came into force on the basis of the Governor's recommendation.  From these points of view, Article 370 reduces the rights of Jammu and Kashmir as compared to other states.  Now Article 370 is more conducive to the state of India than to Jammu and Kashmir.

What is section 35A?

 Section 37A has been enacted since section 370, which came into force through a 1954 presidential directive.  According to Article 35A, the legislature of Jammu and Kashmir has the power to decide on what is meant by the people of Jammu and Kashmir, what are their special rights.