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
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
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
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
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:
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.
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
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
Authentication No: NV132799410146-23-1121