Historical background of article 370
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In simple words, Article 370 separates Jammu and Kashmir from the rest of India by providing temporary provisions and granting special and autonomous status to the state of Jammu and Kashmir.
A great thinker and poet, Maulana Hasrat Mohini, raised a question in the Constituent Assembly on October 17, 1949 regarding the insertion of Article 370 in the Constitution and asked for the reason of discrimination because of this. Even Dr. B.R. Ambedkar, the architect of the Indian Constitution, refused to draft Article 370. Sardar Vallabhai Patel was also against the inclusion of this article because it was a way to discriminate.
The article was finally drafted by Gopalaswami Ayyangar, who was a minister without portfolio in the first Union Cabinet of India. He was in the favour of Article 370 because Kashmir at that time was not ready to be integrated in India, unlike other states, because of war with Pakistan over Jammu and Kashmir.
Pt. Nehru was in favour of Article 370 but said that it was a temporary provision and would be abolished over a period of time. Thus, the Article 370 was temporary and drafted with a hope that one day the state will become a part of India. But till date it hasn’t happened.
At the time of Partition, Mountbatten asked Pt. Nehru to take the issue of J&K conflict to the UN but Sheikh Abdullah, the then appointed Prime Minister of J&K, convinced Nehru to grant special status to Jammu and Kashmir because Abdullah wanted to rule the princely state as an autonomous ruler. The Article 370 was drafted and included in the Constitution. At the same time, an international aspect was also added to the India-Pakistan conflict over the J&K problem, as the United Nations had to intervene.
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