The region of Jammu and Kashmir was given special autonomy under Article 370 of Indian Constitution. Article 370, which came into effect on October 17, 1949, sought to give Jammu and Kashmir a degree of autonomy that set it apart from other Indian states by acknowledging the special circumstances surrounding its acceding to India.
What is Article 370?
Jammu and Kashmir were excluded from the Indian Constitution by Article 370, which was added to the document on October 17, 1949. Kashmir was granted certain special rights under Article 370. A constitutional clause known as Article 370 grants Jammu and Kashmir a special status. According to this, an emergency could not be declared without the consent of the state government, even in the event of unrest. On August 5, 2019, however, the removal of Sections 370 and 35A from Kashmir was approved.
After the President issued the Constitution (Applicable to Jammu and Kashmir) Amendment Order, 2019, under Section (1) of Article 370 of Indian Constitution through the Constitution (77th Amendment) Act, 1995 and the Constitution (103rd Amendment) Act, 2019 The change was implemented. This Act’s applicable provisions will take effect.
What is the History of Article 370?
The background of Article 370 is extensive. In 1950, talks between the central and state governments were held as part of the process of putting Article 370 of Indian Constitution into effect. In this, numerous topics were agreed to be implemented in Jammu and Kashmir, aside from the Instrument of Accession.
The Jammu and Kashmir Constitution was approved on November 17, 1956, and it became operative on January 26, 1957. On November 27, 1963, Pandit Nehru declared that Article 370 had been abolished while speaking on the Lok Sabha floor. A year later, on December 4, 1964, on the Lok Sabha floor, the then-home minister Gulzari Lal Nanda reiterated his claim that Article 370 is a conduit connecting Jammu and Kashmir to the Indian Constitution.
Salient Features of Article 370 of Indian Constitution
- The state’s residents are dual citizens.
- The Ranbir Penal Code is the state’s criminal code.
- The Constitution and flag of the State of Jammu and Kashmir are unique.
- While Kashmir’s legislators served six years, other Indian state legislators served five-year terms.
- Only the governor’s rule may be declared in a state; the president cannot impose his rule there. The Indian government is not allowed to declare a financial emergency in the territory under Article 360.
- In cases of external aggression or war, only a state of national emergency may be declared.
Impact on Jammu and Kashmir due to the removal of Article 370
The former state of Jammu and Kashmir was reorganised and its constitution changed; as a result, the Union Territories of Jammu Kashmir and Ladakh have been fully incorporated into the country. In Jammu and Kashmir, elections have resulted in the establishment of a three-tiered grassroots democratic system, including Block Development Councils, District Development Councils, and Panchayati Raj institutions like Panches and Sarpanches.
Changes made by Jammu and Kashmir Reorganization Act-2019
- The 2019 Constitution (Applicable to the Jammu and Kashmir Order) superseded the Presidential Order 1954.
- As a result, Jammu and Kashmir state has been split into Jammu and Kashmir and Ladakh, two new union territories.
- Under the terms of the Jammu and Kashmir Reorganization Bill 2019, a state has been returned to a Union Territory for the first time in Indian history.
Conclusion
Article 370 granted special autonomy to Jammu and Kashmir, reflecting its unique status in India. Its abrogation in August 2019 led to the reorganisation of the region into two Union Territories: Jammu and Kashmir, and Ladakh. This change aimed to integrate the region more fully into India, altering its governance and administrative structures.
