Kashmir : ARTICLE 370
- Team kora kagaz
- May 9, 2020
- 4 min read
दिल ब दिल गव आईनअ, युथ वुछ्हअम , त्युथ वुछय
It is one of the famous Kashmiri phrase which means “Our hearts are like a looking-glass. The way you see me, so I shall appear to you.”
15 August 1947, India gains independence from The British empire, Pakistan under the rule of muhammad Ali Jinnah created a Muslim-majority country. India’s princely states, those not officially with India or Pakistan, are given three choices either to stay independent or join either India or Pakistan. Three such states are undecided which included Junagadh, Hyderabad, and J&K. Indian home minister Sardar Vallabhbhai Patel works to convince the undecided princely states to join India; Maharaja Hari Singh signs a standstill agreement with Pakistan, effectively opting for status quo.
In October 1947, Pakistan decided to attack J&K inorder to capture it. Hari Singh the Maharaja of J&K realised that he needs the help of India, therefore he reaches out Prime Minster of India Jawaharlal Nehru and Patel who later on agrees to help him but with the condition of him to signing an instrument of accession (IoA) in favour of India (pdf), handing over control of defence, foreign affairs, and communication. Hari Singh signs the IoA, Indian troops move in. The armed conflict continues. In January 1948 India takes this issue to United Nations (UN). The UN suggests a plebiscite, but both India and Pakistan fails to solve the issue of J&K. In just 3 months Hari singh was appointed as an interim government in J&K. Sheikh Abdullah named the prime minister.
Next year in 1949 UN interferes in J&K conflict between India and Pakistan. By an agreement also called as also known as the Karachi Agreement. which allowed the two countries to retain control over territories held at the time and there was no agreement on referendum yet. After 6 months Sheikh Abdullah and his three colleagues join the Indian constituent assembly to discuss provisions of Article 370 under the Indian constitution that is still being drafted. In 1950 The Indian constitution comes into force. Under this, Article 1 defines J&K as a state of India, Article 370 accords special status to J&K.
According to Article 370
Parliament needs the Jammu & Kashmir government’s approval for applying laws in the state — except in cases of defence, foreign affairs, finance, and communications. The law of citizenship, ownership of property, and fundamental rights of the residents of Jammu & Kashmir is different from the residents living in rest of India. Under Article 370, citizens from other states cannot buy property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare a financial emergency in the state. It is important to note that Article 370(1)(c) explicitly mentions that Article 1 of the Indian Constitution applies to Kashmir through Article 370. Article 1 lists the states of the Union. This means that it is Article 370 that binds the state of J&K to the Indian Union. Removing Article 370, which can be done by a Presidential Order, would render the state independent of India, unless new overriding laws are made.
In 1975 Prime minister Indira Gandhi and Sheikh Abdullah sign Kashmir Accord, reemphasising Article 370, and J&K as an integral part of India. Gandhi says the “clock cannot be put back in this manner” to pre-1953 relations between the Indian Union and J&K, suggesting that a referendum is not possible. Sheikh Abdullah drops the demands for a plebiscite and resumes power as chief minister of J&K with Congress support.
After 20 years Prime minister PV Narasimha Rao makes a statement in Parliament and assuring that ARTICLE 370 will not be repealed from the Constitution. He stated that J&K is an integral part of India and that he wants president’s rule to end.
In march 2015, BJP forms a government in J&K with People’s Democratic Party or First Janta party for the first time. A year later Chief minister of J&k Mufti Mohammad Sayeed passes away and her daughter Mehbooba Mufti becomes chief minister. In September 2016 Armed militants from Pakistan attack Indian Army base in Uri, J&K. After few weeks Indian Army retaliates with surgical strikes in POK.
In June 2018 BJP government pulls out of alliance with PDP and after few months in November the Governor Satya Pal Malik dissolves legislative assembly and central rukle is declared in the state. In February 2019 A vehicle loaded with explosives crashes killing 40 personnel. India carries out retributive strikes on terror camps across the LoC in Pakistan’s Balakot region. During the relaliation one of An Indian Air Force pilot Abhinandan Varthaman VrC captured by Pakistan Army and he was later on released.
In may 2019 Modi Government returns to power for a second term in India and in August a large large number of Indian troops moved into J&K. All the devotee who came to Kashmir for Amarnath yatra were asked to return. On 4 August all the Kashmiri leaders, including former chief ministers Omar Abdullah and Mehbooba Mufti, were placed under house arrest and Internet and mobile services banned , and section 144 was imposed in the state which would prevents a gathering of more than four people in public space.
Very next day ie., AUGUST 5 Home minister Amit Shah proposes a presidential order to repeal Article 370 and 35A. J&K to be divided as two union territories of Ladakh which would be centrally administered and J&K with its legislative assembly.
Union Minister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (J&K) in Lok Sabha today. These are as follows:
Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.
Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}
Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India}
Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 {Home Minister withdrew the Bill from both Houses as the provisions of this act would become applicable to J&K once article 370 gets repealed and the laws of Union of India become applicable there}.
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