Article 370

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INTRODUCTION

The earliest recorded history of Jammu and Kashmir : the region dates back to ancient times. It has been inhabited by various ethnic groups and has seen influences from the Mauryan and Gupta empires.
Medieval Period:

In the medieval period, the region witnessed the rule of various dynasties, including the Kushans and the Shahis. Buddhism and Hinduism were significant influences during this time.
Islamic Rule:

With the arrival of Islam, the region came under the influence of Muslim rulers. The Muslim rule in the area was established in the 14th century when Shams-ud-Din Shah Mir became the first Muslim ruler of Kashmir.
Mughal Period:

The Mughal Empire, under Akbar, annexed Kashmir in 1586. Kashmir became an important center for art, culture, and learning during the Mughal rule.
Afghan and Sikh Rule:

In the early 19th century, the region came under the control of the Afghan Durrani Empire. However, the Sikh Empire, under Maharaja Ranjit Singh, defeated the Afghans and annexed Kashmir in 1819.
Dogra Rule:

In 1846, following the First Anglo-Sikh War, the Treaty of Amritsar was signed between the British East India Company and the Dogra ruler Maharaja Gulab Singh. As a result, Jammu and Kashmir became a princely state under the Dogra dynasty.
British Influence:

During the British Raj, the princely state of Jammu and Kashmir had a special relationship with the British, and the British played a role in mediating conflicts in the region.
Accession to India:

In 1947, during the partition of British India, Maharaja Hari Singh, the then ruler of Jammu and Kashmir, faced a difficult decision regarding whether to accede to India, Pakistan, or remain independent. Eventually, amidst tribal invasion supported by Pakistan, he acceded to India in October 1947, leading to the First Indo-Pakistan War.

Line of Control:

The conflict over Jammu and Kashmir has been a longstanding issue between India and Pakistan.
The history of Jammu and Kashmir is complex, The region has cultural and religious diversity, and its history has been shaped by various rulers, empires, and geopolitical events over the centuries.

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What is Article 370 :

Article 370 of Indian Constitution

1. Special Status: Jammu and Kashmir, a region in northern India, was given special treatment under Article 370. It had its own set of rules and more control over its affairs compared to other states in India.
2. Temporary Provision: Article 370 was initially meant to be a temporary arrangement until Jammu and Kashmir formulated its own constitution. However, this “temporary” status continued for a long time.
3. Limited Central Laws: Unlike other states, the laws passed by the Indian Parliament didn’t automatically apply to Jammu and Kashmir. The state had the power to choose which laws to adopt.
4. Presidential Orders: The President of India could issue orders to modify how the Indian Constitution applied to Jammu and Kashmir. These orders played a role in extending or changing the scope of central laws in the region.
5. Constitutional Application Orders: To apply other parts of the Indian Constitution to Jammu and Kashmir, special orders were needed. These orders required agreement and cooperation from the state government.
6. Own Constitution: Jammu and Kashmir had its own constitution, allowing it to make decisions on certain matters without depending on the central government.
7. Erosion and Amendments: Over time, there were changes to Article 370. Leaders noted that its original provisions were gradually being diluted or eroded.
8. Revocation in 2019: In 2019, the Indian government, through a Presidential order and a parliamentary resolution, removed the special status granted to Jammu and Kashmir under Article 370. This move aimed to fully integrate the region into the Indian Union.
9. Integration: After the revocation, Jammu and Kashmir became subject to the same rules and regulations as the rest of India. The special autonomy it once had was no longer in effect.

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article 370 removal date :

Article 370 of the Indian Constitution, which granted special autonomy to the state of Jammu and Kashmir, was effectively abrogated on August 5, 2019. On this date, the Indian government, led by Prime Minister Narendra Modi, took a historic step by revoking the special status of Jammu and Kashmir through a Presidential order and the passage of a resolution in Parliament. The move led to the reorganization of the region into two separate Union Territories – Jammu & Kashmir and Ladakh.

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Remove 370 Article :

Name and Commencement: This order is titled the Constitution (Application to Jammu and Kashmir) Order, 2019. It came into effect immediately, replacing the Constitution (Application to Jammu and Kashmir) Order, 1954.

Application of the Constitution: All provisions of the Constitution, as amended over time, are now applicable to the State of Jammu and Kashmir. Specific exceptions and modifications to the application of these provisions are specified.

Amendment to Article 367: Article 367 was amended to include a new clause (4) for its application in Jammu and Kashmir.

(a) References to the Constitution now pertain to its application in Jammu and Kashmir.

(b) References to the Sadar-i-Riyasat are now construed as references to the Governor of Jammu and Kashmir.

(c) References to the Government now include references to the Governor of Jammu and Kashmir, acting on the advice of his Council of Ministers.

(d) The proviso to clause (3) of Article 370 was modified to replace “Constituent Assembly of the State referred to in clause

(2)” with “Legislative Assembly of the State.” Status of Article 370: Article 370 has not been eliminated but has undergone significant amendments. The special status of Jammu & Kashmir has been revoked, allowing for the complete application of the Indian Constitution in the region. Previously, only specific provisions, such as foreign relations, communication, and defense, had jurisdiction over Jammu and Kashmir.

Status of Article 35-A:

With the extension of all provisions of the Constitution to Kashmir through the Presidential Order of August 5, 2019, the Fundamental Rights chapter has been expanded. Certain discriminatory provisions of Article 35-A may no longer align with prescribed rules due to this extension. The President holds the authority to declare Article 35-A as inapplicable. Background: The Constitution (Application to Jammu and Kashmir) Order, 2019, marked a significant shift in the constitutional landscape of Jammu and Kashmir. These changes departed from the special autonomy granted under Article 370. The objective was to foster closer integration of Jammu and Kashmir with the rest of India, ensuring the uniform application of the Indian Constitution in the region.

Constitution (Application to Jammu and Kashmir) Order, 2019:

Name and Commencement:

• This legal directive is titled the Constitution (Application to Jammu and Kashmir) Order, 2019.
• It became effective immediately, supplanting the previous Constitution (Application to Jammu and Kashmir) Order, 1954.

Application of the Constitution:

• All aspects of the Constitution, as amended over time, are now applicable to the State of Jammu and Kashmir.
• Specific exceptions and modifications to the application of these provisions are outlined.

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Amendment to Article 367 in Jammu and Kashmir :

• Article 367 underwent an amendment, introducing a new clause (4) for its application in Jammu and Kashmir.
  • (a) References to the Constitution now specifically relate to its application in Jammu and Kashmir.
  • (b) References to the Sadar-i-Riyasat are now interpreted as references to the Governor of Jammu and Kashmir.
  • (c) References to the Government now include references to the Governor of Jammu and Kashmir, acting on the advice of his Council of Ministers.
  • (d) The proviso to clause (3) of Article 370 was modified, replacing “Constituent Assembly of the State referred to in clause (2)” with “Legislative Assembly of the State.”

Before Status of Article 370:

• While Article 370 has not been entirely removed, it has undergone substantial amendments.
• The special status of Jammu & Kashmir has been revoked, allowing for the full application of the Indian Constitution in the region.
• Previously, only specific provisions, such as those related to foreign relations, communication, and defense, held jurisdiction over Jammu and Kashmir.

Status of Article 35-A:

• Following the extension of all Constitution provisions to Kashmir through the Presidential Order of August 5, 2019, the Fundamental Rights chapter has been broadened.
• Certain discriminatory provisions of Article 35-A may no longer align with prescribed rules due to this extension.
• The President has the authority to declare Article 35-A as inapplicable.

Here are some potential positive points Remove 370 Article in Jammu and Kashmir

1. Uniformity and Integration:
   • Removal of Article 370 brings Jammu and Kashmir under the same constitutional framework as the rest of India, promoting national unity and integration.
2. Equal Application of Laws:
   • All Indian citizens, including those in Jammu and Kashmir, are now subject to the same set of laws, ensuring equal rights and opportunities for everyone.
3. Abolition of Special Privileges:
   • Special privileges and autonomy granted to Jammu and Kashmir under Article 370 are no longer applicable, aligning the region with the principles of a unified nation.
4. Extension of Welfare Programs:
   • With the removal of Article 370, various welfare and developmental programs initiated by the central government can now be extended seamlessly to Jammu and Kashmir, potentially improving the socio-economic conditions.
5. Increased Investments:
   • The move may attract increased investments and economic development as the region becomes more integrated into the national economic system.
6. Extension of Fundamental Rights:
   • The extension of fundamental rights to the residents of Jammu and Kashmir ensures that they enjoy the same legal protections as citizens in other parts of the country.
7. Streamlined Governance:
   • The integration allows for a more streamlined governance structure, reducing administrative complexities associated with special autonomy.
8. National Security:
   • The central government can now have more direct control over matters related to national security in the region, facilitating a more coordinated approach.
9. Abolition of Dual Citizenship:
   • The special status granted under Article 370 allowed for dual citizenship in Jammu and Kashmir. Its revocation aligns the region with the principle of single citizenship for the entire country.
10. Empowerment of Local Governance:
    • The move could lead to the empowerment of local governance structures, fostering grassroots democracy and citizen participation in decision-making processes.

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