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Thursday, July 18, 2019

What is Article 370 of indian Constitution

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 , article 35A
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 . , article 35 A
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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