(Article
370)
Under
Article 1 of the Indian Constitution, the state of Jammu and Kashmir is a constituent
state of Indian Union and its territory forms integral part of the territory of
India.
Article
370 in part XXI of the Constitution grants a special status to Jammu & Kashmir
(J&K). Accordingly, all the provisions of the Constitution of India do not
apply under the same part (XXI) of the Constitution and apart from J & K,
ten other states of the Indian Union also enjoy special status under part XXI.
What
was the need and why was Article 370 made?
With the end of the British paramountcy, the state
of J&K became independent on 15th August 1947. Initially its
ruler Maharaja Hari Singh, decided not to join India Pakistan and thereby
remain independent. On 20th Oct. 1947, the Azad Kashmir Forces
supported by the Pakistan army attacked the frontiers of the state. Under this
unusual and extraordinary political circumstances, the ruler of the state
Maharaja Hari Singh decided to accede the state to India. Accordingly the
“INSTRUMENT of ACCESSION of JAMMU & KASHMIR to INDIA” was signed by Pandit
Jawaharlal Nehru and Maharaja Hari Singh on 26th October 1947. It
was accepted by then Governor of India Lord Mount Batten, on 27th
October 1947.
In pursuance of this commitment Article 370 was
incorporated in the Constitution of India. It clearly states that the
provisions with respect to the state of J&K are ONLY TEMPORARY AND NOT
PERMANENT. It became operative on 17th November 1952.
The provisions of Article 1 (declaring India
as a Union of state and its territory) and this Article 370 are
applicable to the state of J&K.
The other provisions of the Constitution can be
applied to the state with such exceptions and modifications as specified by the
President in consultation with the state Government or with the concurrence of
the State Government.
The
President can declare that Article 370 ceases to be operative or operates with exception and
modifications. Therefore Article 370 makes Article 1 and Article 370 itself
applicable to the state of J&K at once and authorizes the President to extend other articles to the state.
The state emergency (President’s Rule) is applicable
to the state of J&K. In 1986, the President’s Rule was imposed in the state
for the first time.
The special leave jurisdiction of the Supreme Court,
Election Commission and the Controller and Auditor General are applicable to
J&K whereas the High Court of J&K can issue writs only on the
enforcement of the fundamental rights and not for any other purpose.
J&K
AUTONOMY RESOLUTION REJECTED BY THE CENTER:
On June 26, 2000 in a historic move, the J&K
legislative assembly adopted by voice vote J&K autonomy resolution
accepting the report of the state autonomy committee, recommending greater
autonomy to the state.
The Assembly sought the following:
1. The word “Temporary” in Article 370
to be substituted with “Special”
2. Only Defence, Foreign affairs,
Communications and ancillary subjects to be with the centre.
3. Article 356 not to apply to
J&K.
4. Election Commission of India to
have no role.
5. J&K Assembly to have final say
on central role in case of external aggression/ internal emergency.
6. No room for All India Civil
Services (IAS, IPS & IFS) in J&K.
7. Governor and Chief Minister to be
called Sadre – Riyasat and Wazir – e- Azam.
8. Separate charter of fundamental
rights for J&K.
9. Parliament’s and President’s role
over J&K to be sharply curtailed.
10.
No special leave to appeal by the
Supreme Court.
11.
No special provisions for the Schedule Castes/ tribes and/ backward
classes.
12.
Centre to lose adjudication rights relating to Interstate – rivers or
river valleys.
13.
No jurisdiction of the Supreme Court in appeals from the High Court of
J&K in civil and criminal matters.
14.
Parliament not to be empowered to amend the Constitution and procedure
with respect to J&K.
On 14th July 2000 the Union Cabinet,
rejected this Autonomy Resolution of J&K Assembly dated 26th
June 2000, as unacceptable though at the same time committing itself to a
greater devolution of powers to all states. The Cabinet formed this resolution
was essentially unacceptable as it was a plea for restoration of pre – 1953
status to the state and it would set the clock back and reverse the natural
process of harmonizing the aspirations of the people J & K with the
integrity of the nation.
The cabinet wanted the people and the State
Government to join hands in the endeavour to address the real problem facing
the state: to root out INSURGENCY and cross border TERRORISM, and to ensure
ACCELERATED DEVELOPMENT.
Our new Government is bold enough to take up this
matter on top priority with merit basis because it is well aware that the
erstwhile regime or the current one will never be interested to remove it for
their unwarranted gains as it will help not only the Development of J&K but
also the people of J&K will be independently moving towards the path of
progress in the fields of economy, industrialisation, education and medical
etc. as presently tourism alone is the
backbone of the Kashmiri people to earn their livelihood.
Let us all unite and come together to support this
and organise a healthy and constructive debate on J&K that whether Article
370 should be removed from the Constitution or not? We must follow the
realistic approach towards the betterment of Kashmiris and not that such an
important and primitive issue be taken away from us by the clutches of few
self-centered politicians.
Why our fellow citizens should be deprived of their
rights to all the various facilities just because of the vested interests of
few politicians who have no thought for the common people. It is therefore the
need of the hour that we be well aware of the real facts and prove to everyone
that, though we may be a nation of different cultural heritages and different
caste and creeds but there is inbuilt and inborn patriotism and heroism within
us for Our Country.
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