Question

why was article 370 implemented way back in history ? By whom it was implemented

Answer 1

According to Article 370 of the Indian Constitution, Jammu & Kashmir, a northern Indian subcontinent territory ruled by India as the state between 1954 and 31 October 2019, and a wider Kashmir Territory since 1947, which has been the objects of the dispute between India , Pakistan and China have been granted a distinct, unchanged status

Explanation:

• In India, British rule ends after partition. The Instrument of Accession of J&K was signed by Jammu and Kashmir king Hari Singh, after an assault by the Pakistani army of military and tribesmans, which sparked an armed struggle between India and Pakistan.
• The war ended with the UN-ordered cessation of fire and a resolution demanding a plebiscite for the Jammu and Kashmiri people to determine whether they will join India and Pakistan. Pakistan is being called upon to withdraw its forces and a truce has been launched. In the Indian Constitution, Article 370 has been adopted and the Jammu and Kashmir State excluded from India's Constitution. The terms of the Instrument for Accession was also consolidated
• Clause 7 of Maharaja Hari Singh's Instrument for Accession stated that no future constitution of India can be imposed upon the State. The State was able to draw up its own Constitution and determine for itself what extra powers the Central Government would have. In compliance with Article 370 these rights were protected.  No India nor the State may, even under the terms of the Article, arbitrarily amend or abolish the Article

Six special provisions for Jammu and Kashmir were inserted into Article 370.  

1. The State has been excluded from the absolute applicability of the Indian Constitution. The State was given the right to have a constitution of its own.
2. At the time of the framing, federal legislative powers over the state were restricted to the three security, international, & communications concerns.
3. And with the consent of the State Government will the other legislative competencies of the Central Government be applied to the State.
4. The "competition" was just temporary. The State Constituent Assembly had to ratify it.
5. The power of the State Government to render 'competition' continued until the State Constituent Assembly had been convened. Since the State Constituent Assembly finalised and dissolved, it was not necessary to expand any further authority.
6. Only on the advice of the State Constituent Assembly will Article 370 be abrogated or amended.

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