WHAT IS ARTICLE 370? : (B.13)

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 Hello Everyone, 

In the last blog we discussed the history of Jammu and Kashmir and how did Jammu and Kashmir become an integral part of India. Further, we also discussed that despite being an integral part of India, still, a large area of Kashmir is occupied by Pakistan. But before I continue, if you are new to my blog I recommend you to read my previous blog for better understanding.

👇 (CLICK ON THE LINK) 

UNDERSTANDING KASHMIR PART 1



Let's Get Started, 

After the Instrument of Accession was signed, Sardar Patel recommended Jawaharlal Nehru that we should declare the act of war with Pakistan. But Nehru declared a cease-fire and moved to the UN (United Nations). The UN did not value the Instrument of accession and said that a "Plebiscite" should be conducted for the people of Jammu and Kashmir. (In simple words, Plebiscite is a kind of voting, which will decide that with whom the population of Jammu and Kashmir want to merge - India or Pakistan). But the UN also stated that plebiscite will be conducted if two conditions are fulfilled. 




1. Pakistan will withdraw all its Military from the occupied region of Kashmir.

2. India will also reduce the Volume of the Army from Kashmir. 

But as we know Pakistan never withdrew the Military till date. After this response from Pakistan, India also kept its Army as it is. Due to this, plebiscite never happened in Jammu and Kashmir. During this edgy situation, a new leader was emerging in Kashmir "Sheikh Abdullah". He was already representing many political issues of Jammu and Kashmir. He then formed a political party "All India Jammu and Kashmir Muslim Conference" in which he represented the Majority population of Kashmir. Later he renamed his party name to "National Conference" where he represented the suppressed section of Kashmiri population. Now the scenario was like this, on one hand, the UN suggested a plebiscite and on the other, Sheikh Abdullah was emerging as a new hero of Kashmir. During this time Jawaharlal Nehru thought let's offer a proposal to Jammu and Kashmir so that even if the plebiscite is conducted, people of J&K will feel India as their home. The proposal which was offered by Nehru was "Article 370".  A meeting was conducted between Government of India and Sheikh Abdullah which was called "Delhi Agreement", in this meeting instrument of accession and Incorporation of article 370 in the Indian constitution was discussed. So this is how Article 370 was introduced.



Let's understand what does article 370 offers to Jammu and Kashmir: 

Article 370 is part of part 21 of the Indian constitution. This part of the constitution provides temporary and special provisions to twelve states of India, out of these twelve states, one state is Jammu and Kashmir. (for better understanding I am dividing article 370 into three parts)

1. Powers of Parliament in case of Article 370: 

In general cases, the parliament of India has the power to make laws and frame policies for both the central list and concurrent list. (If you don't know what is a central list and a concurrent list, let me help you, Central list is a list of 98 items on which the parliament can exclusively make laws without any state interference, for example, Defence-related laws, atomic energy etc. Whereas a Concurrent list is a list of 52 items which included the power of both state and Central government to form any legislation) but in the case of Jammu and Kashmir, the power of parliament was restricted to the subjects which were discussed in the instrument of accession, and the subjects were defence, communication and foreign affairs. Any law which is made in parliament will first go to the state assembly of Jammu and Kashmir, then the assembly will rectify the law made by parliament and if state assembly is convinced then the law is applicable in the state. So this extra process of the rectification or the limitation of parliament is caused by "Article 370". 

2. Laws applicable in Jammu and Kashmir: 

Apart from Article 370, the laws which were applicable in J&K were Article 1 of the Indian constitution and the laws specified by the president in the presidential order of 1954, which included laws like (constitutional assembly and fundamental rights etc ). Other than the laws specified in presidential order no other law is applicable in J&K. 

3. Annulment of Article 370: 

How can Article 370 be abrogated? Clause 3 of Article 370 can be abrogated if the constituent assembly of J&K says that Article 370 shall be removed or abrogated, after that the president also approves it with public notification then this article will cease to exist. But there was a problem which made the abrogation complicated, the constituent assembly of J&K was dissolved in the year 1957. So after the dissolution of the assembly does Clause 3 makes any sense?  I leave this on my readers. 

So this was all about Article 370, In the next blog, we will discuss about 35(a). If you are new to my blog do read my previous blogs.

CAA 

SECULARISM 

RELIGION 

KASHMIR AND ARTICLE 370.

FORGOTTEN HEROES.   

THANKS FOR READING

JAI HIND


     

   

                


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