Question

Question 4:
Explain the difference between the Indian Constitution and western ideas in the light of
b. Articles 370 and 371

Answer 1

ANSWER :  

(b) ARTICLE 370 AND 371 :  

The constitution of India establishes a federal system of government in the country. But the federal system of government in India is different from Western concept of federalism. There is a Constitutional symmetry of American federalism while Indian federalism has been constitutionally   asymmetric. In American federalism all states enjoys equal status and no state is provided special status under the constitution. But in India all states are not equal. Article 370 has given special status to Jammu and Kashmir , while Article 371 provide special status to the North Eastern State of Nagaland. The accession of Jammu and Kashmir to India was based on a commitment to safeguard the autonomy under Article 370 of the constitution. Article 370 was included in the Indian Constitution in order to satisfy the political aspirations of the people of Jammu and Kashmir. Sardar Patel declared in the Indian constituent assembly, “In view of the special problem with which the Jammu Kashmir Government is faced, we have made special provisions for the continuancy of the state with the union in existing basis.”Jammu and Kashmir is the only state which is governed by its own constitution. Under article 371 A, special status is given to the state of Nagaland. The religious , social practices and customary law of Nagaland are protected by the article. But such provisions are not available in the American constitution.

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