A370: Reasons For Formation and Current Issues Underlying Its Implementation

A370: Reasons For Formation and Current Issues Underlying Its Implementation

Question - Article 370 has been debated since its inception. Discuss why A370 was formulated and current issues underlying its implementation.

A. Why Article 370 Was Created

• A370 is a temporary provision grating special autonomous status to J&K Under Part XXI of the Indian Constitution concerned with Temporary, Transitional and Special provisions, status of J&K has been accorded as special under A370

• All provisions applicable to other states are not applied in J&K on account of A370

• The article was drafted by Sheikh Abdullah in 1947; he was the PM appointed by Maharaja Hari Singh and Nehru for the state of J&K

• A370 was inserted in the constitution because Kashmir was judged unlike other princely states as not yet being suited for integration unlike other princely states

• India and Pakistan had been at war with each other over J&K and the ceasefire was still followed by unrest; part of the territory of the state was in the hands of rebels and enemies

B. Current Issues

• A big myth is that autonomy viewed in CA is still intact; series of Presidential Orders have eroded A370 considerably

• 1950 Presidential Order and the Delhi Agreement of 1952 has defined the scope and substance of relations between J&K and India; Autonomy enjoyed by the State is the shadow of the former self

• Clause 3 of the Article specifies that A370 will stop being operative by Presidential notification only on the recommendation of the CA of the State

• A370 also disqualifies women from the State of property rights. Definition of Permanent Residents in the State Constitution is said to be discriminatory against women A 1927 notification included an explanatory note which said: “The wife or a widow of the State Subject … shall acquire the status of her husband as State Subject of the same Class as her Husband, so long as she resides in the State and does not leave the State for permanent residence outside the State.” However, a landmark judgement by the J&K HC has empowered women in this State to some extent
• Critics have also pointed out that A370 has strengthened separatist tendencies in Jammu & Kashmir. Jhumuriyat, Kashmiriyat and Insaniyat have a place in the State only if A370 is modified.

Facts and Stats

• A370 states that except for defence, foreign affairs, finance and communications, Parliament requires the concurrence of the J&K state for applying other laws

• State’s residents reside under separate set of laws including:
- Citizenship
- Ownership of property
- Fundamental rights

• Indian citizens from other states cannot purchase J&K land or property

• Under A370, Centre does not have the power to declare financial emergency under A360; emergency can only be declared in state in case of war or external aggression

• Union government cannot declare emergency on grounds of internal disturbance or imminent danger in J&K unless the state government concurs