ABCD of Article 370
What is Article 370?
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
What are the main provisions of Article 370?
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance unless it is made at the request or with the concurrence of the state government. Name and boundaries of the State cannot be altered without the consent of its legislature. Right to property is still a Fundamental Right.
Is the original autonomy still intact?
However, over the last many decades, many of the special provisions have been eroded through Presidential Orders. While the 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State, the subsequent series of Presidential Orders have made most Union laws applicable to the State.
Is J&K unique?
J&K is not entirely unique except that it has a separate Constitution. There are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.
Can Art.370 be revoked?
Clause 3 of Article 370 says: President may declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. Which means a new Constituent Assembly needs to be put in place for J&K and it should recommend its revocation. However, Parliament has the power to amend the Constitution to change this provision. Can such a Parliamentary initiative be questioned in the apex court? Yes. Will it be objected to as federalism is a part of the Constitution? Unlikely as Art.370 is not integral to federalism.
Is it desirable to revoke Art.370?
Following are the pros and cons
Pros: it is necessary to revoke the article as it has been in existence for a long time and other states also may want a similar treatment.
Cons: situation is volatile and therefore as a CBM, it is necessary; it enhances India’s soft power.
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
What are the main provisions of Article 370?
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance unless it is made at the request or with the concurrence of the state government. Name and boundaries of the State cannot be altered without the consent of its legislature. Right to property is still a Fundamental Right.
Is the original autonomy still intact?
However, over the last many decades, many of the special provisions have been eroded through Presidential Orders. While the 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State, the subsequent series of Presidential Orders have made most Union laws applicable to the State.
Is J&K unique?
J&K is not entirely unique except that it has a separate Constitution. There are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.
Can Art.370 be revoked?
Clause 3 of Article 370 says: President may declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. Which means a new Constituent Assembly needs to be put in place for J&K and it should recommend its revocation. However, Parliament has the power to amend the Constitution to change this provision. Can such a Parliamentary initiative be questioned in the apex court? Yes. Will it be objected to as federalism is a part of the Constitution? Unlikely as Art.370 is not integral to federalism.
Is it desirable to revoke Art.370?
Following are the pros and cons
Pros: it is necessary to revoke the article as it has been in existence for a long time and other states also may want a similar treatment.
Cons: situation is volatile and therefore as a CBM, it is necessary; it enhances India’s soft power.
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