Question

what is the nature of the Article 370?

Answer 1

Article370 givingspecial status to Jammu and Kashmir has once again come to the fore after Narendra Modi-led NDA Government took the reign of power. Article 370 of the Indian constitution, which is of a temporary nature grants special status to Jammu and Kashmir. Article 370 was adopted by the Constituent Assembly as a result of various parleys. As negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel’s residencein New Delhi on Kashmir’s future set-up. Pt Nehru and Abdullah were present. Foremost among the topicswere “theframing of a Constitution for the State” and “the subjects in respect of which the State should accede tothe Unionof India.”Article 370 is a temporary and transientproviso inthe Constitution of India, which evokes not only huge emotionalism but has also given riseto multiple confusions amongthe people. More often theemotional outburst, on both sides of the opinion over the article, ismisplaced. As it is, the article 370 is a temporary proviso of the Constitution included in the Part XXI of the Constitution of India which itself is titled “Temporary, Transient and Special Powers”. Nor are the provisos regarding Jammu and Kashmir state anything unique here. Thefirst article in the part is about the ‘temporary powersof the parliament (article 369) and the last one is about thetemporary powers conferred on the President (article 392). While many of the provisos have been repealed over time, others have been added to it.