What is Article 370 (dhara 370) of indian Constitution , article 370 explanation and what is relation 370 in kashmir . article 370 of indian constitution . The present study is aimed to trace the process of
federalization in India and the inclusion of special provisions
for the Jammu and Kashmir state embodied in Article 370 of
the constitution of India. Since Jammu and Kashmir presents a
variant of the federal structure in which the Indian States were
welded, the present study is expected to provide a perspective
for the future evolution of the federal frames which the
founding fathers of the constitution of India constructed. In
recent years there has been insistent emphasis on the
recognition of sub-national diversities of India as components
of the Indian federal system. The present study, which is
focused on the analysis of the constitutional placement of
Jammu and Kashmir in the Indian federal structure, as a subnational identity, reveals much and can serve as an indicator
for any reconsideration of the federal relations the constitution
of India embodies.
What is Article 370 of indian Constitution
What is Article 370 of indian Constitution |
Important features of article 370 of Indian constitution
As per Indian constitution Article 370 provides temporary
provision to the state of Jammu and Kashmir granting it a
special status and a constitutional aspects called autonomy.
Some of the important features of Article 370 in relation with
the state of Jammu and Kashmir are explain in following
points:
1. The Article 370 says that the provision of Article 238, which
was omitted from constitution in 1956 during the seventhconstitution amendment when Indian state were
reorganized, shall not apply to the state of J&K. this is to
note that Article 238 deals with 9 part b state of free India
which were the princely states of British India.
2. Doctor Dr B R Ambedkar who was the chairman of
drafting committee of Indian constitution was against
Article 370 the matter became the political prestige of Jawaharlal Nehru, In 1949, then prime minister who
eventually directed Gopal Swami Ayyangar who was a
minister without portfolio in first cabinet of India to draft
Article 370 in consultation with sheikh Abdullah this is to
note that Gopal swami Ayyangar was the Former Diwan to
Maharaja Harris Singh of J&K and sheikh Abdullah was
the influential mask leader of J&K state at that time.
3. Article 370 was drafted in amendment of constitution in
part XXI under temporary and transitional provisions.
4. As per original draft of Article 370, the government of
state means the person with organize by the president as
the Maharaja of J&K for time being in office. This was
change in 1952 to government of state means the person
recognize by the president upon recommendation of
legislative assembly as Sardar-E-Riyasat (governor) for the
timing in office.
5. Except for defence,foreign affairs and communication, all
others laws passed by Indian Parliament need to be passed
by the state government before they are made applicable
This was specified in the instrument of accession signed
by Maharaja Hari Singh When he agreed to join the union
of India in 1947,instead of going with Pakistan.
6. As a result of this, the citizen of J&k are governed by state
specific laws which come under the constitution of J&k,
instead of those for the rest of India .
7. Article 370 along with Article5 that define the contours of
Jurisdiction of Indian parliament regarding law making for
the state, cannot be amended.
8. The 1952, Delhi agreement also specified that the state
should have its own flag in addition to the union flag and
they should have the same status
What is Relation 370 in Kashmir & Scope of Study
What is Article 370 of indian Constitution . |
It presenting the personal views regarding study of Article370, Constituion of J&K is the integral part of India and will
always remain to be in same way. The Indian laws should also
be made applicable in J&K in same way as they are applicable
in other state of India total inclusion of J&K in India is the
only way by which the difference between India and Pakistan
can be solved Kashmir should be included in India because
king of J&K sign the accession in India and not with Pakistan.
Pakistan is just claiming it on the basis of majority of Muslim
there in Kashmir which can’t be justified in anyway. J&K is
most burning issue which needs to be solved but its pending
since 60years of independence due to some mistake
committed by politician between time span of 1947-1953, this
is the right time to take proper decision regarding the status of
J&K if proper steps are not taken then it is possible that issue
will fire up more in future and will prevent Kashmir even the
whole world will be developed, What is Article 370 (dhara 370) of indian Constitution , article 370 explanation and what is relation 370 in kashmir . article 370 of indian constitution .
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