Article 370 of India constitution applies to the state of J& K. It limits Indian parliament authority of law making for J&K state to only four subjects I.e. Defence, Foreign affairs, communications and ancillaries. It prohibits all Indian citizens from buying any property in the state, whereas a citizen of J&K can buy property anywhere in India. If a girl from J&K marries outside the state , she loses her statehood of J&K and all those protected rights. Article was a temporary provision, included at the behest of Jawahar Lal Nehru, though vehemently opposed by Dr. BR Ambedkar.
A debate has begun as to whether it has really benefitted the general public of the state or not. Most people argue that it has only been assisting some political families of J&K to maintain their political hold over the state. And this argument definitely has a convincing evidence on the ground. Militancy and terrorism in J&K, in the late 80s, is the product of this Nehruvian philosophy of propping up of Abdulla Family at the cost of the interests of General public. The article is discriminatory to other Indian public and India.
Let us understand why Dr. Ambedkar objected to this provision. Dr. BR Ambedkar, father of Indian Constitution had told Shekh Abdulla in 1949, "---You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it."
Then Sheikh Abdullah went to Nehru, who directed him to Gopal Swami Ayyangar, who approached Sardar Patel asking him to do some thing as it was a matter of prestige of Nehru, who has promised Sheikh Abdullah accordingly. Patel got it passed when Nehru was on foreign tour. On the day this article came up for discussion, Dr. Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Krishna Swami Ayyangar.
What does Article370 Contain?
370. Temporary provisions with respect to the State of Jammu and Kashmir.
(1) Notwithstanding anything contained in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the state of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said state shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation: For the purpose of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. ( NOTE THE WORDS CONSTITUENT ASSEMBLY OF THE STATE------- WHICH IS ACTUALLY DEFUNCT NOW-------- THEREFORE PRESIDENT HAS THE POWERS TO DO AWAY WITH IT WITHOUT REFERRING TO A DEFUNCT BODY)
IMPLICATIONS OF ARTICLE 370 :-
This article specifies that except for Defence, Foreign Affairs, Communications and ancilliary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Some argue that the President may, by public notification under article 370(3), declare that Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is needed as it does not exist any longer. Others say it can be amended by an amendment Act under Article 368 of the Constitution and the amendment extended under Article 370(1). Art. 147 of the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature.
NOTE: Information culled from the Internet, mostly from Wikipedia.
No comments:
Post a Comment