In 1947, India was partitioned. Out of nine princely states, eight states chose to be with India Raja Hari Singh the head of Jammu and Kashmir signed the instrument of accession( a document that was a part of the formal process for the princely states to enter India). However, Jammu and Kashmir negotiated some conditions on their entry, which was the foundation that led to the incorporation of Article 370 in the Indian constitution. Therefore, on 17th October 1949 article 370 providing a special status to Jammu and Kashmir. On 26th January 1950 Indian constitution was formed.
In 1954 Article 35 A was introduced through a presidential order. the provision of 35 A was the only applicable to the people who were living in Jammu and Kashmir from 14th May 1954, people living from the past 10 years in Jammu and Kashmir and who inherit lawful land in Jammu and Kashmir can only be the residents of the state. A Jammu and Kashmir girl would lose her property right as well as her natural heir will lose the claim to the property if she marries to a nonresident of Jammu and Kashmir. But later on in 2012 supreme court passed that the girl can claim her property but she cannot pass it to her children.
The provision of article 370 was Jammu and Kashmir will be granted special status, separate flag, and separate constitution. Parliaments need Jammu and Kashmir government approval for applying laws in the state except in the case of defence, foreign affairs, finance, and communications. The centre had no power to declare an emergency in the state.
On June 18th, 2018 governor rule was passed in Jammu and Kashmir. The governor rue was passed after the breaking down alliance between BJP(Bhartiya Janta Party
) and PDP(People Democratic Party). Mehbobha Mufti the chief minister of Jammu and Kashmir resigned.
On 5th August 2019, the presidential order of 1954 was replaced by the presidential order of 2019. The resolution was passed by Amit Shah, the Home minister revocation of article 370 and the resolution proposed were-
1)The amendment of article 367, where constituent assembly will be read as the legislative assembly.
2)The Jammu and Kashmir reorganization bill. This bill created two union territories Jammu and Kashmir and Ladakh. Jammu and Kashmir with a legislature and Ladakh without legislature.
There are many interpretations out of the resolution passed by the government for some its good l but it arises the question of being a democratic state or not? As Jammu Kashmir is still facing the effects of the mobile services are shut, people are house arrest, markets are shut, no source of income area is under the military.
The pros of article 370 –
- Development in all aspects will have in Jammu and Kashmir i.e education, health, and employment.
- Jammu and Kashmir women will not be discriminated against as their children will be able to acquire the inherited property.
- Nonresidents of Kashmir will be allowed to vote and inherit property.
- Through psychology, with the same flag and constitution, the unity and spirit of patriotism will increase.
- Terrorism will reduce in Jammu and Kashmir.
- Kashmiri pandits can happily return back to Jammu and Kashmir.
Cons of article 370
- Democracy was questioned because the people of Jammu and Kashmir were not asked for their opinion.
- This shows the signs of fascism because the troops entered in Jammu and Kashmir, all communication was shut, all ministers were house arrest, the state was declared as an emergency.
- This process happened through unconstitutional methods and loopholes.
At last, I will recommend you to research well on the topic before passing comments or being blind and following the crowd. To make your own opinions. Happy reading!
Thoughts 