what was Article 370?
This section is included in the 21st part of the constitution titled- 'Temporary, Transitional and Special Provisions'.
Article 370 of the Indian Constitution was an article that gave autonomous status to Jammu and Kashmir. The articles are drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend articles of the Indian Constitution that should be implemented in the state Or Article 370 should be repealed entirely. Later the Jammu and Kashmir Constituent Assembly framed the state's constitution and dissolved itself without recommending the repeal of Article 370, an article considered an enduring feature of the Indian Constitution.
The Modi government on 5 August 2019 introduced a historic resolution in the Rajya Sabha proposing the abrogation of Article 370 of the Constitution from the state of Jammu and Kashmir and the bifurcation of the state into two union territories of Jammu and Kashmir and Ladakh. The Union Territory of Jammu and Kashmir will have its own legislature while Ladakh will be a Union Territory without legislature.
Previous amendments in 370 -
The provisions under Article 370 were changed from time to time, which started from 1954. The importance of 1954 is because in 1953 the then Wazir-e-Azam of Kashmir Sheikh Mohammad Abdullah, who was a close friend of Jawaharlal Nehru, was arrested and imprisoned. All these amendments have been passed by the Legislative Assembly of Jammu and Kashmir.
(a) In 1954, the laws and rules of the Octroi, Central Excise, Civil Aviation and Postal Departments were made applicable to Jammu and Kashmir.
(b) From 1958, appointments of IAS and IPS officers of the Central Services started taking place in this state. With this, the rights of the CAG also came into force in this state.
(c) In 1949, the Indian Census Act came into force on Jammu and Kashmir.
(d) In 1960, the Supreme Court was authorized to start accepting appeals against the decisions of the Jammu and Kashmir High Court.
(e) In 1964, Articles 356 and 357 of the Constitution were implemented on this state. According to these articles, in case of disturbance of the constitutional system in Jammu and Kashmir, the President's rule was received.
(f) From 1965, central laws related to labour welfare, labor organization, social security and social insurance became applicable to the state.
(g) In 1966, the Lok Sabha was given the right to send its representative elected by direct voting.
(h) In 1966 itself, the Legislative Assembly of Jammu and Kashmir, while making necessary reforms in its constitution, accepted the designations of 'Chief Minister' in place of 'Prime Minister' and 'Governor' in place of 'Sadar-e-Riyasat'. permitted to use. The 'Sadar-e-Riyasat' used to be elected by the Legislative Assembly, but now the Governor is appointed by the President.
(i) In 1968, the High Court of Jammu and Kashmir gave the Supreme Court the right to hear appeals on election-related matters.
(j) In 1971, under Article 226 of the Indian Constitution, the High Court was empowered to hear specific types of cases.
(k) In 1986, the provisions of Article 249 of the Indian Constitution came into force on Jammu and Kashmir.
(l) In this section itself, the arrangement for its complete termination has been explained. Sub-Article 3 of Article 370 states that "Notwithstanding anything contained in the foregoing provisions, the President may, by public notice, declare that this section may be repealed subject to certain exceptions or modifications."
what were the special rights?
According to the provisions of Article 370, the Parliament has the right to make laws regarding defence, foreign affairs and communications regarding Jammu and Kashmir, but the approval of the state government was needed for the Center to implement the law related to any other subject.
Because of this special status, Article 356 of the Constitution did not apply to the state of Jammu and Kashmir.
For this reason, the President did not have the right to dismiss the constitution of the state.
The Urban Land Act of 1976 did not apply to Jammu and Kashmir.
Under this, an Indian citizen has the right to buy land anywhere in India except in the states with special rights. This means people from other states of India could not buy land in Jammu and Kashmir
Section 360 of the Indian Constitution, under which there is a provision to impose financial emergency in the country, was also not applicable to Jammu and Kashmir.
The merger of Jammu and Kashmir with India was a big necessity and to accomplish this task, some special rights were given to the people of Kashmir under Article 370 at that time. These privileges are given in the section below.
list of privileges-
The citizens of Jammu and Kashmir used to have dual citizenship.
The national flag of Jammu and Kashmir used to be different.
The tenure of the Legislative Assembly of Jammu and Kashmir was of 6 years while the tenure of the Legislative Assemblies of other states of India was of 5 years.
Insulting India's national flag or national symbols was not a crime in Jammu and Kashmir.
The orders of the Supreme Court of India were not valid within Jammu and Kashmir.
The Parliament of India could make laws in relation to Jammu and Kashmir in a very limited area
If a woman from Jammu and Kashmir marries a person from any other state of India, then the citizenship of that woman used to end. On the contrary, if she marries a person from Pakistan, she would also get citizenship of Jammu and Kashmir.