Article 370 is a very important article of the Indian Constitution. Article 370 is basically about the constitutional provision with respect to the state of Jammu and Kashmir.
Introduction to Article 370
According to the constitution of India article 370 provides certain provision to the state of Jammu and Kashmir branding it special autonomy. We can say that article 370 is a special status to Jammu and Kashmir. It means Jammu and Kashmir has a special status that the states of India don’t have.
History of Article 370
India got independence on 15th August 1947. At the time of independence, it was argued that Kashmir was not right and for the integration and felt a need to keep it exempted from the basic fundamental rights. This was the main reason for the insertion of article 370.
Dr. B R Ambedkar and Sardar Vallabh Bhai Patel were not in the favor of article 370. He was opposed to this provision saying that in one nation “Do! Sabmbidhan, “Do! Bidhan” and “Do! Pradhan” should not be there. Dr. B R Ambedkar also denied drafting this provision.
Letter in 1949 Jawaharlal Nehru drafted the provision with the help of Sheik Abdullah (Sheik Abdullah was appointed as the prime minister of Jammu and Kashmir by Maharaja Hari Singh and Jawaharlal Nehru) and Gopala Swamy.
Sheik Abdullah had argued that article 370 should not be placed under the temporary provision of the constitution of India. He wanted “Ironclad Autonomy” for the state Jammu and Kashmir. For this, Sardar Patel and Dr. B R Ambedkar denied making Jammu and Kashmir as Ironclad autonomy. Hence it became the temporary provision of the Indian Constitution.
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Provision of article 370
According to this article, the Indian Central government can control the defense, foreign affairs, finance, and communication sector without any permission of the state assembly. Rest of all laws, rules, and regulation need the approval of the State Government of Jammu and Kashmir. So it was very difficult for the Central government to control in Jammu Kashmir.
Also, the Central Government doesn’t have any power to declare the financial emergency under article 360. In Jammu and Kashmir president can declare emergency only in case of war and external aggression.
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Advantages and disadvantages of article 370
- Population growth is slow so there is no competition happens
- Kashmir people can make business and grow themselves in Kashmir
- State government jobs are only available for people of Jammu and Kashmir
- Local brands can the only creat business
- Less population growth.
- Less pollution happens due to less industries.
- Due to article 370, their education system is bad. Private even the Government of India cannot provide a good quality education system in Kashmir Ghati.
- Lack of medical facilities.
- Terrorism is high in the state of Jammu and Kashmir due to ethical of 370 and Pakistan’s claim over Kashmir
- Facilities like high-speed internet, water supply, 24×7 hours of electricity supply services are in poor condition.
- There is no industry. So the unemployment rate is high.
- Local administration misuses Article 370. So the corruption rate is at its last level.
- Only a Muslim person can become the chief minister of Jammu and Kashmir. Neither Hindu nor Sikh or any religion people can not become the CM of Jammu and Kashmir.
- GDP growth is very low in the state of Jammu and Kashmir.
- No control of the Central government of India.
- The supreme court order can do not take effect in Jammu and Kashmir.
- Any woman must have to marry not other than Jammu and Kashmir and Pakistan male if she gets married to any people of other states of India then her Kashmir citizenship will be withdrawn.
How did Narendra Modi government remove article 370?
As we mentioned previously, article 370 is a temporary provision it is not permanent provision. The Narendra Modi government took this advantage and remove article 370 from Jammu and Kashmir
Article 370 is clause 3 states that the President of India may declare this articles cease to be operative by public notification after the recommendation of the constituent assembly of Jammu and Kashmir and is willing to recommend its revocation.
As you know the President rule is acting in Jammu and Kashmir more than 10 months. So the President becomes the supreme and Parliament become the assembly house of Jammu and Kashmir.
Our Home Minister came to the parliament with this amendment and passed it in both the house (LokSabha and Rajya Sabha).