What is Article 370, what is it's significance, and why is this debate creating ripples across the newspaper headlines ?
Well, I have tried to put all across as simply as I could, with minimal details , so that everyone could better understand the situation.
Why the Fuss about Article 370?
- Article 370 gives special status to the state of Jammu & Kashmir
- BJP wants to apply Uniform Civil Code i.e uniform applicability of laws for every state in India starting with J&K
- As anyone with special privileges and autonomy would react, J&K is opposed to this idea
- Thus the friction, which is evident by the tweets of Mr. Omar Abdullah , RSS etc
History of Article 370?
- Dr. Ambedkar, the framer of our constitution, had refused to draft the Article 370 in the constitution
- It was drafted by N. Gopalaswami Ayyangar, the Diwan of Raja Hari Singh, the King of Kashmir
- Not present in the original constitution; included later as an amendment
What does it mean ?
- It is a Temporary Provision from J&K
- Treats J&K as a Special State i.e. grants Special Autonomous status to J&K
- All provision in the constitution not automatically applicable to J&K
- Parliament needs the state government's concurrence for applying all other laws, except for
- Defense,
- Foreign affairs,
- Finance and
- Communications.
- Indian Parliament can't
- increase or decrease the boundary of J&K
- Change the name of the state
- Apply Emergency Provision on grounds of Internal Disturbance without consent of J&K Legislative Assembly
The
Rationale behind Article 370?
- J&K was not ready for integration with India during Independence, given the unusual conditions
- It was occupied by Rebels from Pakistan
- Involvement of UN in the Kashmir question
- It aimed at providing space for governance to people of J&K, who felt insecure about their identity and vulnerable about the future
- There was hope that one day J&K, when real peace arrives, would merge with Union of India just like any other state.
- Thus the term TEMPORARY PROVISION
How Special is J&K ?
- Article 370 has been eroded in view of many presidential orders given since Independence; Thus as of now many Indian laws apply to J&K automatically
- J&K is not the only special state; Similar special provisions exist for other states. For eg:
- Article 371 ( Maharashtra and Gujarat)
- 371-A (Nagaland)
- 371-B,………….. to 371-I
Can Article 370 be Revoked?
- Yes, can be revoked by the President of India, but only on the advise of the J&K Legislative Assembly
- Parliament can do so by amending the Constitution and striking of the whole Article itself. This is what some in J&K are wary about.
- However, any such major amendment is subjected to Judicial Review i.e Supreme Court would review such an amendment.
Possibilities of Judicial outcome
- Article 370 forms the basic feature of constitution in terms of relationship of Union of India with J& K . Thus this amendment may be rejected by the SC, OR
- Amendment may be upheld by the SC and Article 370 would stand amended there by making J&K just like any other state of India in terms of status.
It is debatable whether this Article should be repealed or not. However, from historical underpinnings it is clear that it was introduced as a temporary measure. Thus there is a need for a detailed debate among all stakeholders and reach consensus. Any hasty measure from either side would only escalate tension, which at all costs should be avoided.
*Image sources: Internet
