EXPLAIN THE DRAWBACKS OF ARTICLE 370
Answers
Answer:
It will come as a surprise to many that most of the vast tracts of Indian territory affected by insurgency, not just Kashmir, are beneficiaries of special constitutional and legislative provisions. These include Fifth Schedule areas that touch 10 states in central India, Sixth Schedule areas within Assam, Meghalaya, Tripura and Mizoram, and Nagaland as a whole, which comes under Article 371A. While proximate causes may vary, the insurgencies are either related to the breakdown of trust, as in the case of Kashmir or central India, or accession having been achieved through the use of force, as in Nagaland. The breakdown of trust has been accompanied by dilution of the special provisions or by their non-implementation. The insurgencies have led to the imposition of the Armed Forces (Special Powers) Act (AFSPA), or some variation thereof, which curbs civil liberties and further dilutes the special provisions.
Answer:
Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions.
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