Article 370
According to the Constitution of India, Article 370 is a law that grants special autonomous status to Jammu and Kashmir.The article is drafted in Part XXI of the Constitution (in Amendment section) which relates to Temporary, Transitional and Special Provisions.The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948."
Provisions of Article 370
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
The special status to Jammu & Kashmir
According to the Constitution of India, Article 370 is a law that grants special autonomous status to Jammu and Kashmir.The article is drafted in Part XXI of the Constitution (in Amendment section) which relates to Temporary, Transitional and Special Provisions.The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948."
Provisions of Article 370
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
The special status to Jammu & Kashmir
1.Unlike other State legislative Assemblies, J&K legislature has a six-year term.
2.Jammu & Kashmir has two flags; a separate State flag along with the National Flag.
3.Insulting of national symbols is not cognizable offence in Jammu & Kashmir.
4.Under Article 370 the Indian Parliament cannot increase or reduce the borders of the State.
5.The Supreme Court has no jurisdiction in the State of Jammu & Kashmir.
6.The residents of J&K enjoy dual citizenship, but they could loose the J&K citizenship if they marry residents of other States.
7.Majority of Indian laws including RTE, RTI and agencies like CBI, CAG are not applicable in J&K.
8.No outsider can purchase land in the State.
9.The Centre has no power to declare financial emergency under Article 360 in the State.
10.It can declare emergency in the state only in case of war or external aggression.
History of Article 370
Dr BR Ambedkar, who drafted Indian Constitution, had refused to draft Article 370.In 1949, the then Prime Minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar in preparation of suitable draft.Article 370 was then drafted by Gopalaswami Ayyangar, former Diwan to Maharajah Hari Singh of Jammu and Kashmir.
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