eassy on article on 370 of kasmir
Answers
Answer:
Article 370
Explanation:
Article 370 that came into effect in the Indian state of Jammu and Kashmir in the year 1949 was supposed to be a temporary provision; however, it continued for decades even though many political leaders and other prominent people in the county demanded its revocation from time to time.
The article exempted J&K from the Indian Constitution. The state attained the right to make its own laws related to any matter except foreign affairs, communications and defence.
The state government thus went on to draft a separate constitution. It also came up with a separate flag. The Fundamental Duties mentioned in the Indian Constitution were not applicable in J&K. It had its own set of rights and duties.
The condition of the state hasn’t been very good ever since the enforcement of Article 370. Life of people in the Kashmir region has especially been miserable. The place is prone to terrorist attacks.
Article 370 has been seen as a hindrance in the development of the state. It is also known to be a cause of growing corruption and terrorism in the state.
As per the constitutional order passed by Indian President Ram Nath Kovind on 5th August 2019, Article 370 stands ineffective. The decision has been taken to improve the condition of J&K and its citizens.
Answer:
Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions, Article 370 accords special status to the state of Jammu and Kashmir (J&K). Under Article 370, all the provisions of the Constitution which are applicable to other states are not applicable to J&K until and unless such provision is separately passed by the state legislative assembly.
According to this article, except for defence, foreign affairs, finance and communications, 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 cannot purchase land or property in Jammu & Kashmir.
Explanation:
Arguments for Article 370
The most vehement support for Article 370 obviously comes from the state of J&K itself. With insurgency consolidating its roots and, anti-India sentiments also not a rare phenomenon in the valley, any threat to the Article 370 would definitely pose a law and order crisis in the valley. In fact, former Chief Minister of J&K Omar Abdullah tweeted in March 2015, “Mark my words & save this tweet - long after ModiGovt is a distant memory either J&K won't be part of India or Art 370 will still exist."
However, even on ruling out the people’s protest in J&K and considering it only on legal basis, removal of Article 370 would not be an easy task. Currently, apart from Article 370, the only other legal proof which sanctions the accession of J&K to India is the Instrument of Accession signed between Government of India and the then ruler of J&K Maharaja Hari Singh. Problem with the Instrument of Accession is the inclusion of provision of plebiscite which has the potential to weaken India’s case in Kashmir issue. So until there is Article 370, there is no need for a plebiscite.
When Kashmir issue was referred to the United Nations (UN), the UN asked the Pakistan to evacuate the Pakistan Occupied Kashmir (POK) and a plebiscite was recommended in entire Kashmir. However, neither Pakistan evacuated nor India conducted a plebiscite.