History

It’s about that time when our country became freedom. every state was being merged into India; Kashmir was also one of them.

On 27th October 1947 Maharaja Hari Singh and the government had signed an Instrument of Accession that describe three things on which Jammu and Kashmir will transfer its power to the government of India. Foreign affairs, defence and communication.

In 1949 Article 370 was incorporated by the government. In 1954 after Presidential order Article 35A was included in constitution of India.

What is Artical 35A?

Article 35A, which gives unique rights and advantages to the residents of Jammu and Kashmir, was fused in the Constitution of India in 1954 by a request for then President Rajendra Prasad, on the exhortation of the Jawaharlal Nehru Bureau. It gives the J&K assembly full optional forces to choose who 'long-lasting occupants' of the state are. It likewise gives them uncommon rights and advantages in work with the state government, obtaining of property in the state, getting comfortable the state, and the right to grants and different types of help that the state government gives. It likewise permits the state council to force any limitations upon people other than the super durable inhabitants in regards to the abovementioned.

 

To ensure these unique rights and advantages, the Article says that no demonstration of the state law-making body that goes under it very well may be tested for abusing the Constitution or some other laws.

                            credit: www.business-standard.com

What is Artical 370?

Article 370 provide a special status and said that the other law will not be applicable in Jammu and Kashmir, we will make our own law, but it also said that this law is just a temporary provision.


Was it wrong or right?

      Supporter                                                    

  • There will be a economic development.       
  • Other people can by land
  • More jobs will be created
  • They will take benefit of ROI
  • They will feel united
    N-supporter
  •     Take decision undemocratic way
  •     No debate, no discussion, no argument
  •     Why they have not ask what Kashmiri want?


Removal Process

Article 370 accommodates its evacuation itself. Proviso 3 expresses that the President stop the activity of this article, if the Constituent Gathering of J&K so suggests. 

The condition is fundamental and is likewise a deterrent. The Constituent Get together of J&K was comprised in 1956, which drafted a different constitution for J&K. with its work done, as of now, no such constituent get together exists.

If there is no constituent assembly, who will recommend removal of Article 370?

  • Preceding inclusion of Article 35A, the Lead representative and the Main Priest of Jammu and Kashmir were tended to as the Sadr-e-Riyasat (President) and Wazir-e-Azam (Executive). 
       Repal of the article would lead back to a similar plan, there has been             no other course of action.

How the Government has removed?

Under a similar Statement (1) of Article 370, an Official request, "The Constitution (Application to Jammu and Kashmir)Order, 2019" has been given. It contains Two focuses, lets understand them individually:

Point 2 of the Request has made a few augmentations in Article 367 of the Constitution.

Article 367 accommodates translation of the constitution. Condition 4 has been added to this Article. Lets take a gander at the arrangements individually:

Article 367 (4)(a) reads as "references to this constitution or the arrangements thereof will be understood as the references to the Constitutions or the arrangements as applied in relations of the said State".

Kashmir as a Union Territory

The government has decided to make a separate union territory, it is very significant because Kashmir have a special status but from now it will have low value as compare to normal state because of freedom of democracy. In the normal state, state have main power to take decision but in union territory union government don’t have full power to take any decision.