Essay on Article 370 of Indian Constitution
Answers
Answer:
Article 370 Essay is one of the popular topic as always but recent terrorist attacks brought spotlight on this controversial issue which may be responsible for rise in J&K terrorism as this type of privilege is only separating locals and bringing bad name to native population. We all are aware that Article 370, its history and its impact runs deep in the roots of independent India. Let’s begin analysing each of them.
Article 370 of the Indian Constitution gives autonomous status to the state of Jammu and Kashmir, i.e., the state has a muchgreater measure of autonomy and power than any other Indian state,and the Centre’s jurisdiction within the state is more limited with respect to other states. Thus residents of Kashmir live under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights.
What Article 370 entails if you talk about Article 370 Essay ?
It gives J&K autonomy to have its own constitution and flag.
Under Article370, the Indian parliament doesn’t have any major rights over Jammu and Kashmir; it can only control issues of defence international relations and communication.
J&K cannot be forced to accept any new amendment of theconstitution.
None other than a citizen of J&K can buy land in the state.
Unlike other Indian states, J&K government’s tenure is of 6 years.
RTE, CAG, RTI and majority of Indian laws aren’t applicable in J&K.
Under Article 370, the Centre has no power to declare a financial emergency under Article 360 in the state.The Union government can therefore not declare an emergencyon the grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government of J&K.
History of Article 370 provokes sufficiently deep thinking! Considering for Article 370 Essay
The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed the Prime Minister of Jammu & Kashmir. But it was enacted with much displeasure to Dr BR Ambedkar, the principal drafter of the Indian Constitution, who had refused to draft Article 370.
Below are the words of refusal said by Dr BR Ambedkar to Sheikh Abdullah:
“You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But the Government of India should have only limited powers,and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and me, as the Law Minister of India, will never do it.”
But it was on India’s first Prime Minister Jawaharlal Nehru’s insistence and personal guarantee that Article 370 was incorporated in the Indian Constitution.
Answer:
The Article 370 of Indian constitution had " Temporary provisions with respect to the state of Jammu and Kashmir " which gave special power to the state allowing it to have its own constitution.
The provisions of Article 370 applied to the state.