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Article 370

It is the first provision of the Constitution's Part XXI. Temporary, Transitional, and Special Provisions' is the title of this section.

Kashmir contains a lot of the elements that make up popular myths: hypnotic beauty, cross-border terror, deep states and their agents, battle, and heroism.

Clearly, falsehoods about Kashmir are not developed solely by the right wing, but by successive Indian governments over several decades, with a lively, popular culture enthusiastically embellishing them.

While the BJP Party's long-standing ideological commitment to repealing Article 370 of the Indian Constitution is one of the reasons why Jammu and Kashmir (J&K) were stripped of its special status and Statehood, creating a simmering cauldron of unrest, our collective mythmaking about Kashmir is the deeper reason for what the former State has become today.

How article 370 got sanctioned?

Raja Hari Singh had decided to remain independent and negotiate standstill agreements with India and Pakistan, which Pakistan did. However, following an invasion by Pakistani tribesmen and plainclothes, he requested India's assistance, which in turn sought Kashmir's admission to India.

On October 26, 1947, Hari Singh signed the Instrument of Accession, which was recognized by Governor General Lord Mountbatten on October 27, 1947.The original draft was given by the Government of J&K. Following modification and negotiations, Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949.

When India's Constituent Assembly ultimately incorporated Article 370 in the Constitution on October 17, 1949, Ayyangar reaffirmed India's commitment to a plebiscite and the creation of a separate constitution by J&K's Constituent Assembly.

The most famous of them is the problem with the Indian Constitution's Articles 370 and 35A.

Despite the fact that there is little material basis for it — neither was Article 370 responsible for terrorism in the Valley nor has its removal resulted in a reduction in terrorism — Home Minister Amit Shah's statements on the floor of Parliament last year that Article 370 was the root cause of terrorism in Jammu and Kashmir are widely accepted sentiments. Article 370, on the other hand, is still very much a part of a solution to the Kashmir dilemma.

Because of militancy, which is a result of an ongoing conflict, private investors do not open up company in Kashmir; not because of Article.

Deletion of the Article?

Yes, a Presidential Order under Article 370(3) allows for deletion.

However, such an order must be preceded by the consent of J&K's Constituent Assembly. One point of view is that because such an Assembly was dissolved on January 26, 1957, it can no longer be removed.

The second point of view is that it can be done, but only if the State Assembly agrees.

Are there any indications that Article 370 is necessary for J&K to join India?

J&K is an integral part of India, according to Article 3 of the J&K Constitution.

Not only is there no claim to sovereignty in the Preamble to the Constitution, but the intention of the J&K Constitution is explicitly stated to be:
To further define the existing relationship of the state with the Union of India as its essential part thereof.

Furthermore, state inhabitants are referred to as permanent residents, not citizens.

Article 370 is about autonomy rather than integration. Those who urge for its abolition care more about conformity than integration.

Why is it being Obstructed?

The Supreme Court will consider whether it is unconstitutional or breaches the Constitution's essential framework.

However, if it is not upheld, many Presidential Orders may be questioned.

Article 35A was inserted on the recommendation of J&K's Constituent Assembly through a Presidential Order, rather than following the amending process outlined in Article 368.
Article 370 is not only a part of the Constitution, but also of the underlying structure of federalism. As a result, the court has affirmed several Presidential Orders based on Article 370.

Parent provision and its offshoot:

Article 370

which has been a part of the Constitution since its inception, states that only two articles apply to J&K: Article 1 (which defines India) and Article 370. Other provisions of the Constitution can be applied to J&K "subject to such exceptions and modifications as the President may by order specify," with the state government's approval and the J&K Constituent Assembly's approval, according to Article 370.

Article 35A

It was established by Presidential Order in 1954, and it gives the J&K legislature the authority to define who is a "permanent resident" of the state.

Despite the attempts of successive governments to end the conflict, Kashmir has remained a restive territory since India's independence. Many observers focused on Article 370 of the Indian Constitution as the source of all issues in Kashmir early on, albeit the truth of that assessment is debatable. The BJP's decision to modify Article 370 was a watershed point in Kashmir's history, and the international world was anticipated to react more visibly.

However, due to a combination of causes addressed in this paper, there was a relatively muted response. India has emerged as an increasingly vital economic, strategic, and geopolitical power in the world, considering its status as the world's largest democracy and its role as a counterweight to China's expanding might Second, despite Pakistan's efforts to use Kashmir as a diplomatic weapon against India, there has been a drop in world interest in the region in recent years. Third, India's diplomatic attempts to calm any retaliation for the revocation of Kashmir's special status were broad and comprehensive.

Finally, the Indian government's actions in relation to J&K occurred at the "correct time," partly by design and partly by chance, because the repeal of Article 35A and the alteration of Article 370 were followed by a quick series of events.

The worldwide silence on Article 370 has been driven by a combination of these causes, with India's global stature and the increasing tiredness around Kashmir being the key factors, as diplomats interviewed for this article have emphasized. Indeed, the international response to the constitutional revisions has revealed a long-hidden reality: whatever Kashmir's future holds, it will almost certainly be decided unilaterally and internally by India

Award Winning Article Is Written By: Mr.Suryansh Shukla - Lake City University
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