Hey Infinities,
In this article you will be getting to know about the big issue of India, that is "Article 370". You need to know about it deeply.
After the J&K Constituent Assembly later created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.
Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.
Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future.
The History of Article 370 !
Why it was incorporated First, why was Article 370 inserted in the Constitution? Or as the great poet and thinker, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949: “Why this discrimination please?” The answer was given by Nehru’s confidant, the wise but misunderstood Thanjavur Brahmin, Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet, a former Diwan to Maharajah Hari Singh of Jammu and Kashmir, and the principal drafter of Article 370). Ayyangar argued that for a variety of reasons Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.”
However, the State's constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370. Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in April 2018.
What's in the case of Jammu & Kashmir?
In the case of Jammu and Kashmir, the representatives to the Constituent Assembly requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State. Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only with the concurrence of the State's constituent assembly.
The Clause 7 !
The clause 7 of the Instrument of Accessionsigned by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article 370 was designed to protect those rights.
What are six provisions for Jammu & Kashmir that Article 370 embodied?
Article 370 embodied six special provisions for Jammu and Kashmir.
It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly.The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.The Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly.
If you want the article in some another language or you have any queries, DM us on our Instagram account - https://instagram.com/infinity.boi?igshid=i47k5n53kjry
In this article you will be getting to know about the big issue of India, that is "Article 370". You need to know about it deeply.
After the J&K Constituent Assembly later created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.
Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.
Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future.
The History of Article 370 !
Why it was incorporated First, why was Article 370 inserted in the Constitution? Or as the great poet and thinker, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949: “Why this discrimination please?” The answer was given by Nehru’s confidant, the wise but misunderstood Thanjavur Brahmin, Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet, a former Diwan to Maharajah Hari Singh of Jammu and Kashmir, and the principal drafter of Article 370). Ayyangar argued that for a variety of reasons Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.”
However, the State's constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370. Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in April 2018.
What's in the case of Jammu & Kashmir?
In the case of Jammu and Kashmir, the representatives to the Constituent Assembly requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State. Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only with the concurrence of the State's constituent assembly.
The Clause 7 !
The clause 7 of the Instrument of Accessionsigned by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article 370 was designed to protect those rights.
What are six provisions for Jammu & Kashmir that Article 370 embodied?
Article 370 embodied six special provisions for Jammu and Kashmir.
It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly.The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.The Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly.
If you want the article in some another language or you have any queries, DM us on our Instagram account - https://instagram.com/infinity.boi?igshid=i47k5n53kjry
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