what is Article 370 activities are increasing in Jammu and Kashmir and now the people of India want to get rid of it. After the Pulwama attack, the whole country is in anger and wants to take revenge from Pakistan, then the same demand is also arising that Article 370 should be removed from Jammu and Kashmir. Now what is this Article 370, when was it brought and what special rights does Jammu and Kashmir have under it and how can it be removed, so let’s know the answers to all these questions in this article.
History of Article 370 in Hindi – History of Article 370
What is Article 370 – what is article 370 in jammu kashmir in hindi
Out of 562 princely states of India, Kashmir was one of those princely states which were not directly ruled by the British. The British government permanently transferred the kingdom to Maharaja Gulab Singh under the Treaty of Amritsar, 1846, and fixed a nominal annual payment to defend his territory from external enemies.
With the independence of India, the ruler of Kashmir in 1947, the Maharaja Hari Singh had three options: to remain independent, to accede to India or to merge with Pakistan.
When Pakistan separated from India in 1947, the princely states of all the states demanded to remain independent. And the responsibility of uniting everyone was given to Sardar Vallabhai Patel. Patel was successful in making all the rest of the princely states a united India but failed in Jammu and Kashmir because Raja Hari Singh of Jammu and Kashmir remained adamant about the demand for an independent country.
When Hari Singh declared Jammu and Kashmir independent, Pakistan immediately launched a guerrilla war to gain the region. Now talks were going on that Pakistan attacked Jammu and Kashmir under the guise of tribals and started trying to grab it. He entered Jammu and Kashmir from the Pakistani side and occupied one-third of his territory. The Maharaja, realizing his inability to defend his territory, requested the Indian government for help. The Indian government insisted that they would send their army to Kashmir only when it handed over the state to India. The Maharaja agreed to this and the Government of India and the Maharaja signed the Treaty of Accession on October 26, 1947. Those conditions also included special rights of Jammu and Kashmir, which were included in the constitution as Article 370 / Article 370.
Article 370 is a “temporary provision” drafted in Part XXI of the Constitution
Dr BR Ambedkar, the architect of the Constitution, had refused to draft Article 370. The then PM Jawaharlal Nehru had asked Kashmiri leader Sheikh Abdullah to prepare a draft in 1949. However, Union Minister Gopalaswami Ayyangar, and former Diwan of Maharaja Hari Singh of Jammu and Kashmir, eventually drafted Article 370.
Special rights given under Article 370 – Special Provisions for Jammu and Kashmir
- The people of Jammu and Kashmir have dual citizenship. They have India and Jammu and Kashmir Has two different citizenships.
- Jammu and Kashmir has a separate national flag.
- There is no provision of punishment in Jammu and Kashmir for insulting the national flag, national anthem, song etc. of India.
- The term of the Legislative Assembly of Jammu and Kashmir is 6 years and while that of the rest of the states is 5 years.
- It is not obligatory to obey the orders of the Supreme Court of India in Jammu and Kashmir.
- The High Court of Jammu and Kashmir has limited powers as compared to other High Courts of India. It cannot declare any law unconstitutional
- According to Article 370, Parliament needs the consent of the state government to implement all other laws, except defence, foreign affairs, finance and communications.
- Under Article 370, the Center has no power to declare a financial emergency under Article 360 in the state. It can declare emergency in the state only during war or external aggression.
- No laws like RTI, CAG and RTE are applicable in Jammu and Kashmir.
- Sharia law is applicable to women.
- Minorities (Hindus and Sikhs) do not get 16% reservation.
- There is no Panchayat in Jammu and Kashmir.
- No citizen of any other state in India can buy land in Jammu and Kashmir. Whereas the people of Kashmir can buy land in any state.
- If a Kashmiri girl marries a boy from any other state of India, then her citizenship ends, while if a Kashmiri girl marries a boy from Pakistan, then that boy also gets the citizenship of Kashmir.
All these rights are included in Article 370 / Article 370 of the Constitution and apart from all these, the citizens of Jammu and Kashmir have many other rights which have been given by the state government from time to time.
Why Article 370 cannot be removed – Why should dhara 370 not be removed in Hindi
If seen, under Article 370 / Article 370, the Central Government of India has only the right of defense and diplomacy in Jammu and Kashmir and all other rights are with the state government there. And there is a separate constitution of its own.
When the issue arose in 2015, in December 2015, the Supreme Court of India held that Article 370 is not a “permanent” provision of the Constitution and that only Parliament can take a step to abrogate Article 370 which gives special status to Jammu and Kashmir. grants autonomous status.
Earlier, Article 370 is a “permanent provision” of the Constitution, despite its title being a “temporary provision”, according to the Jammu and Kashmir High Court. It cannot be repealed, or amended, as a mechanism provided under clause (3) of Article 370.
On 3 April 2018, the Supreme Court of India, giving a similar opinion, declared that Article 370 had acquired permanent status. It states that the President of India cannot fulfill the mandatory provisions required for its repeal.
Now the Government of India needs to pass a bill in the Parliament as well as in the Legislative Assembly of Jammu and Kashmir to remove Article 370, which is a big challenge for the Government of India.
Friends, the issue of Jammu and Kashmir has become a global issue, not only of India and Pakistan, and there are many countries which are keeping an eye that the Indian government should make some mistake or mistake in this matter and all of them surround India. . Therefore, removing this Article 370 by using power can put everyone in trouble, although gradually many of these special rights of Jammu and Kashmir are being abolished.
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what is Article 370