What is Article 370 and its history

Article 370 is a very special article which if applicable to any state, then it provides many facilities to that state and its citizens based there. It provides them a special status which is not provided to other states.

What is Section 370 in Hindi?

In this article, it is clearly shown that if ever it applies to any state, then only the defense, foreign affairs and communications of that state are edited by the central government, while all the rest There is no emphasis of the center on things. Everything else is decided by their state government.

Let’s go ahead and know what is this Article 370 after all?

What is Article 370?

Let go Article 370 Let’s understand (Article 370 in Hindi) in easy language: –

  • Because of this special status, Article 356 of the Constitution does not apply to the state of Jammu and Kashmir.
  • For this reason, the President does not have the right to dismiss the constitution of the state.
  • Citizens of Jammu and Kashmir have dual citizenship (India and Kashmir).
  • The Parliament of India can make laws in relation to Jammu and Kashmir in a very limited area.
  • The national flag of Jammu and Kashmir is different. It is not mandatory for the citizens of that country to respect the national flag of India.
  • Under this, an Indian citizen has the right to buy land anywhere in India other than the privileged states. That is, people from other states of India cannot buy land in Jammu and Kashmir.
  • Article 360 ​​of the Indian Constitution, under which there is a provision to impose financial emergency in the country, also does not apply to Jammu and Kashmir.
  • The tenure of the Legislative Assembly of Jammu and Kashmir is of 6 years whereas the tenure of the Legislative Assemblies of other states of India is of 5 years.
  • The orders of the Supreme Court of India are not valid within Jammu and Kashmir.
  • If a woman from Jammu and Kashmir marries a person from any other state of India, then the citizenship of that woman will end. On the contrary, if she marries a person from Pakistan, she will also get the citizenship of Jammu and Kashmir.
  • Due to Article 370, laws like RTI and CAG are not applicable in Kashmir.
  • Shariat law is applicable on women in Kashmir.
  • Panchayat does not have any authority in Kashmir.
  • Because of Article 370, Pakistanis living in Kashmir also get Indian citizenship.

History of Article 370

It was because of Article 370 that Jammu and Kashmir had its own constitution and its administration was run by its state government and not according to the Constitution of India. Article 370 was implemented from 17 November 1952,

This article allows the state legislature to frame its own constitution, giving it “autonomous state” power. At the same time, it can make many laws of its own, for which they do not even need to consult the central government. Not only this, no rule of the Supreme Court is applicable even on the empowered state with Article 370. In other words, there should be two constitutions and two tricolors under one nation.

When was Article 370 implemented?

on article 370 17 November 1952 was implemented from

Why was article 370 brought?

If you want to know why Article 370 was brought. Then for this we have to turn the pages of history a bit.

This is even the case when after India got independence on August 15, 1947, Jammu and Kashmir also became independent. then the first governor of India Lord Mountbatten Gave this exemption to all the princely states that if they want, they can merge with India or maintain their own independent state. Now that ordinary King Hari Singh of Jammu and Kashmir refused to meet India first and wanted to keep his princely state as an independent state.

On this matter, Pakistan saw a big opportunity to grab Kashmir, for which it October 20, 1947 supported by PakistanAzad Kashmir Army‘ attacked Kashmir along with the Pakistani army and as a result captured a large part of it.

In this situation, Maharaja Hari Singh sought help from India to protect Jammu & Kashmir. But India also kept some conditions to help them. And with the consent of Sheikh Abdullah, along with Jawaharlal Nehru, announced the temporary merger of Jammu & Kashmir with India on 26 October 1947 and “Instruments of Accession of Jammu & Kashmir to IndiaBut put his signature.

Under this new agreement, a special power was given to Jammu & Kashmir. Here Jammu and Kashmir was given the status of a special status. While Jammu and Kashmir, only three subjects with India: which are defence, foreign affairs and communication were handed over to India. On the other hand, India could not sign on any of his other matters.

After signing the agreement, the Government of India had given permission to the people of this state to form their own Constituent Assembly as per its promise.

At the same time, Article 370 was included in the Constitution of India with this commitment. In which it has been clearly stated that these provisions are only temporary in relation to the state of Jammu & Kashmir.

What rights and facilities did Article 370 provide to the citizens of Jammu and Kashmir?

Let us now know that Article 370What rights and facilities does it provide to the citizens of Jammu and Kashmir.

1. According to this article, without the permission of the State Government of Jammu & Kashmir, its name, area and boundary cannot be changed by the Central Government.

2. Whereas the Central Government only Defence, Foreign Affairs and Communications Can make laws, while the central government has to take approval from the state to implement all other laws.

3. Jammu & Kashmir has its own constitution and its administration is run according to it and not according to the constitution of India.

4. Jammu & Kashmir has 2 flags. Kashmir has its own national flag and the tricolor flag of India is the national flag here.

5. Citizens of other states of India cannot buy any kind of property in this state.

6. To the people of Kashmir dual citizenship got it; One from Kashmir and the other from India.

7. If a Kashmiri woman marries an Indian, then her Kashmiri citizenship ends there, but if she marries a Pakistani, then there is no difference in her Kashmiri citizenship.

8. Not only this, if a Pakistani boy marries a Kashmiri girl, he automatically gets Indian citizenship.

9. Generally, it is a rule that if someone takes citizenship of any other country except Indian citizenship, then his Indian citizenship ends there itself.

But when a resident of Jammu & Kashmir goes to Pakistan and ever comes back to Jammu & Kashmir, he gets Indian citizenship again.

10. Of India in Jammu and Kashmir national symbols ,national anthem, national flag etc.) does not come under the category of crime.

11. Center here only because of Article 370; No law like financial emergency (Article 360) can be imposed on the state.

12. No amendment to the Constitution of India is automatically applicable to Jammu & Kashmir unless it is allowed to be implemented by a special order of the President.

13. In the government jobs of this state only candidates of this state Permanent Citizen Only the selection can be done, and apart from this, the state’s scholarship is also available to the local people here only.

Here it becomes clear from the facts mentioned above that Jammu & Kashmir is a state of the Indian Union but the people of this state have been given some special rights which are not given to other states of India.

When was Article 370 removed?

Article 370 and Artice 35A were completely abrogated by the Central Government on Monday (6 August 2019) was completely abolished from the Indian Constitution. Whereas Jammu and Kashmir has been divided into two parts.

In this, both Jammu and Kashmir and Ladakh have been made union territories. The resolution to remove Article 370 was introduced in the Rajya Sabha by Union Home Minister Amit Shah. With this, the status of being a special state of Jammu and Kashmir also ends there itself. This will also be like the rest of the Union Territories.

If Article 370 is removed, what will be its impact on Jammu and Kashmir?

There must be a concern in the minds of many people that after the removal of Article 370, what will be its effect on Jammu and Kashmir. Let us get some information on this subject.

Jammu-Kashmir will not get the status of that special state which it used to get earlier.

Now citizens of other states of India will also be able to buy land in Jammu and Kashmir without any hassle.

Now investment from all over India will increase in Jammu and Kashmir as well. Which was not possible at all earlier because of the rules of their state government.

Now the women here can marry boys from other states, while their citizenship or property will not end in any way.

– The constitution of a separate state will no longer work in Jammu and Kashmir.

Now only one flag will be hoisted in Jammu and Kashmir, which will be the tricolor.

Now the return of Kashmiri Pandits who were expelled from Kashmir will be possible easily.

The laws which are applicable all over India, now the same laws will also be applicable in Jammu and Kashmir.

The complete control of law and order in Jammu and Kashmir will now be in the hands of the Center.

– In Jammu and Kashmir, now the state government will work in the way Delhi runs in the state.

– Insulting the national symbols of India will be considered a crime.

– Here if external companies own will invest money then here employment Many opportunities will increase.

Now run by the central government here Benefits of each scheme in full form From which the local citizens will be able to reach easily.

What does 370 mean in Kashmir?

Under Article 370, citizens of other states cannot buy property in Jammu and Kashmir. Under Article 370, the Center has no power to declare financial emergency in the state.

Who can remove Article 370?

It is written in Section 373 that the President can apply and remove it under public notice. Amit Shah said that the President has the right to remove it from the public notification, under which the public notification was removed by issuing a constitutional order.

Article 370 was made for which state?

Article 370 was made for Jammu and Kashmir.

What did you learn today?

I hope you like this article of mine What is Article 370 (What is Article 370 in Hindi) Must have liked it. It has always been my endeavor to provide complete information about the meaning of Article 370 to the readers, so that they do not have to search any other sites or internet in the context of that article. This will also save their time and they will get all the information in one place.

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