No Need For Debate on Article 370
INTRODUCTION
As usual, every political party in this election campaign has used or will be using article 370 as one of the burning issue. At the Bharatiya Janata Party's recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. But there are various myth's and facts surrounding this topic.
WHAT IS ARTICLE 370?
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu and Kashmir has been accorded special status under Article 370.
All the provisions of the Constitution which are applicable to other states are not applicable to J&K.
According to this Article, except for defence, foreign affairs, finance and communications, the 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 can not purchase land or property in Jammu & Kashmir.
Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
Issue No. 1 Why Article 370 was incorporated?
‡' J&K unlike other princely states was not yet ripe for integration.
‡' India was still at war with Pakistan & even after ceasefire, conditions in J&K were unusual and abnormal.
‡' Much of the area of J&K was in the hands of rebels and enemies at that time.
‡' United Nations involvement in the question of J&K integration brought this issue to the international level where quick decisions were needed to bring this part in the Indian Union.
Issue No. 2 Did Sardar Vallabhbhai Patel oppose Article 370?
‡' Mr. Patel was realistic & Mr. Nehru was idealistic.
‡' Patel had demonstrated his supreme skills in integrating princely states with the Indian union. He thought the same of J&K. He wanted to make J&K a complete & integral part of India & not withstand to any threats.
‡' But, ground reality was very different & different stake holders had different views about J&K integration. It was increasingly getting difficult to make everyone ready for a common solution.
‡' Mr. Patel though was aware of the implications this article would bring still accepted it & was a party to it as the real motive behind it of him was the merger of J&K with Indian Union click here for more information about Debate on Article 370.
‡' At the end it was Mr. Patel himself because of whom this article was included in the constitution.
Issue No. 3 Is article 370 still intact in its original form?
‡' It is a myth to consider that article 370 is still in its original form the way it was formulated.
‡' Many Presidential Orders has substantially eroded Article 370.
‡' Though none of the central laws are applicable to J&K, but still it is evident that many laws of the Union have been made to be accepted by J&K by Presidential Order.
‡' The autonomy enjoyed by J&K is not real today. Each institution of the Union has jurisdiction over J&K.
‡' Areas in which it enjoys autonomy -> permanent residents and their rights; the non-applicability of Emergency provisions on the grounds of €internal disturbance€ without the concurrence of the State; and the name and boundaries of the State, which cannot be altered without the consent of its legislature.
‡' J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.
As usual, every political party in this election campaign has used or will be using article 370 as one of the burning issue. At the Bharatiya Janata Party's recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. But there are various myth's and facts surrounding this topic.
WHAT IS ARTICLE 370?
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu and Kashmir has been accorded special status under Article 370.
All the provisions of the Constitution which are applicable to other states are not applicable to J&K.
According to this Article, except for defence, foreign affairs, finance and communications, the 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 can not purchase land or property in Jammu & Kashmir.
Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
Issue No. 1 Why Article 370 was incorporated?
‡' J&K unlike other princely states was not yet ripe for integration.
‡' India was still at war with Pakistan & even after ceasefire, conditions in J&K were unusual and abnormal.
‡' Much of the area of J&K was in the hands of rebels and enemies at that time.
‡' United Nations involvement in the question of J&K integration brought this issue to the international level where quick decisions were needed to bring this part in the Indian Union.
Issue No. 2 Did Sardar Vallabhbhai Patel oppose Article 370?
‡' Mr. Patel was realistic & Mr. Nehru was idealistic.
‡' Patel had demonstrated his supreme skills in integrating princely states with the Indian union. He thought the same of J&K. He wanted to make J&K a complete & integral part of India & not withstand to any threats.
‡' But, ground reality was very different & different stake holders had different views about J&K integration. It was increasingly getting difficult to make everyone ready for a common solution.
‡' Mr. Patel though was aware of the implications this article would bring still accepted it & was a party to it as the real motive behind it of him was the merger of J&K with Indian Union click here for more information about Debate on Article 370.
‡' At the end it was Mr. Patel himself because of whom this article was included in the constitution.
Issue No. 3 Is article 370 still intact in its original form?
‡' It is a myth to consider that article 370 is still in its original form the way it was formulated.
‡' Many Presidential Orders has substantially eroded Article 370.
‡' Though none of the central laws are applicable to J&K, but still it is evident that many laws of the Union have been made to be accepted by J&K by Presidential Order.
‡' The autonomy enjoyed by J&K is not real today. Each institution of the Union has jurisdiction over J&K.
‡' Areas in which it enjoys autonomy -> permanent residents and their rights; the non-applicability of Emergency provisions on the grounds of €internal disturbance€ without the concurrence of the State; and the name and boundaries of the State, which cannot be altered without the consent of its legislature.
‡' J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.
