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What is your opinion – Should the government take a step to abolish the Article 370 or not?

May 30, 2014

Abolish Article 370 or not?

Any issue related to Jammu and Kashmir causes a massive stir. And if it is about Article 370, then all the related controversies, media coverage, debates and blame games are sure to follow. So let us have some clarity on the burning issue of Article 370, which has been reopened by the recent BJP government.

What is Article 370?

In simple words, Article 370 separates Jammu and Kashmir from the rest of India by providing temporary provisions and granting special and autonomous status to the state of Jammu and Kashmir. Because of Article 370 in place, all the provisions of the Constitution which are applicable to all the states in India, are not applicable to Jammu and Kashmir. For instance, the state follows the Ranbir Penal Code instead of the Indian Penal Code. J&K had a Sadr-e-Riyasat instead of Governor, and Prime Minister instead of Chief Minister till 1965.

For all the laws apart from communication, foreign affairs, finance and defence, the Indian Parliament depends upon the consensus of the state government. Moreover, the Centre cannot declare financial emergency under Article 360 in the state, except for the situations like war or external violence.

Read : Important Articles of Indian Constitution

Historical background and provisions

It is not as if the Article 370 didn’t have its opponents in the past. A great thinker and poet, Maulana Hasrat Mohini, raised a question in the Constituent Assembly on October 17, 1949 regarding the insertion of Article 370 in the Constitution and asked for the reason of discrimination because of this. Even Dr. B.R. Ambedkar, the architect of the Indian Constitution, refused to draft Article 370. Sardar Vallabhai Patel was also against the inclusion of this article because it was a way to discriminate.

The article was finally drafted by Gopalaswami Ayyangar, who was a minister without portfolio in the first Union Cabinet of India. He was in the favour of Article 370 because Kashmir at that time was not ready to be integrated in India, unlike other states, because of war with Pakistan over Jammu and Kashmir.

Pt. Nehru was in favour of Article 370 but said that it was a temporary provision and would be abolished over a period of time. Thus, the Article 370 was temporary and drafted with a hope that one day the state will become a part of India. But till date it hasn’t happened.

At the time of Partition, Mountbatten asked Pt. Nehru to take the issue of J&K conflict to the UN but Sheikh Abdullah, the then appointed Prime Minister of J&K, convinced Nehru to grant special status to Jammu and Kashmir because Abdullah wanted to rule the princely state as an autonomous ruler. The Article 370 was drafted and included in the Constitution. At the same time, an international aspect was also added to the India-Pakistan conflict over the J&K problem, as the United Nations had to intervene.

Though the Article 370 does not discriminate between male and female, females had to seek fresh status of permanent resident of the state after marriage. Also, the borders of the state can neither be reduced nor expanded under Article 370. The article does not allow people from other states to purchase land in Jammu and Kashmir.

Jammu and Kashmir Chief Minister Omar Abdullah had once said that Article 370 defines the relationship between the state and the Government of India, and if it is abolished then it will revive the topic of J&K’s accession to India. It is the only link between the state and the rest of India.

The Jammu and Kashmir Pradesh Congress Committee (JKPCC) is in favour of the Article 370 and considers it an important part of the Constitution. According to them, it is the only way to get the benefits of central law to the state.

A recent controversy erupted when the Minister of State Jitendra Singh sought a debate on Article 370. Though he later said that he was misquoted, the Jammu and Kashmir Chief Minister Omar Abdullah said this on Twitter, “Mark my words & save this tweet – long after Modi Govt is a distant memory either J&K won’t be part of India or Art 370 will still exist.”

But again the concerns regarding the practicality of the Article 370 have been raised. Is it true that abolishing Article 370 will benefit Jammu and Kashmir and the state will then attain the same status in Indian Constitution as enjoyed by the other states?

What is your opinion – Should the government take a step to abolish the Article 370 or not?


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I am a mother. A wife. And daughter of my loving parents by heart with passion for creativity, zeal to achieve something big in life but want to live life to its fullest.

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Showing 16 Comments :

I always wonder why this article 370 and reservation act do existed yet? reservation act needs reformations based on social & financial status, not based on castes & religion.
these 2 concepts are leading J&K and india respectively to an unknown destination which has no standards of development or prosperity but creating a chaos & instability.

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Dr.Krishna Chandra Singhal January 12, 2016 at 10:26 am

It is too long,the problem is persisting.With Modi in power,the country is safe and can expect something in future soon.Enough blood has gone of our people.Past was not handled properly from the very beginning.We have paid enough price for it.

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he polarization is very sharp on this question. The general Indian narrative is that, J&K has always been part of India, so the accession and special status doesn’t make any sense. When thousands of other princely states acceded and integrated without special treatment why do Kashmiris need one?

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Article 370 must be abolished immediately. Article 370 is separating J&K from India. Few local leaders may prefer it for their personal interest. But I believe local population their definitely wants to enjoy benefits which people are enjoying in other states by ways of being part of India fully.

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It must be abolished @ any cost by rehabilitating Kashmiri Pundits who were the victim of a brutal genocide.

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Yes it should be removed . 1) it was promised that it’ll be removed by nehru , but not yet done . 2) Removal of that Article will enable them with opportunities , and thereby development will take place 3) It’s a part of india , so no discrimination….

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yes, article 370 should be abolished .

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priyanka sarangal June 14, 2014 at 4:48 pm

m alsoo live in jammu .. bt basically I belong to punjab due to some financial problem we shifted here…..its my huge request to sh. narendra modi ji…please article 370 should be remove from j&k ….bcoz due to this article..many students just like me ..cannot get government job…
and they go everywhere then first ques. ask by any authority is tha….do you have state subject. …plzz plzz plzzz… sirr..remove this article. soo that poor people like me also get jobs

..

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of course the article 370 should be abolished

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REMOVAL OF ARTICLE 370 IS MUST FROM J&k AND ALL LAWS SHOULD BE APPLICABLE TO J&k

REASONS

-J&K GOVERNMENT IS FULL OF CORRUPTED PEOPLE

-THERE IS NO SUCH WORD CALLED DEMOCRACY THERE IS GUNDAY/MUSLIM RAAJ

-UNEMPLOYMENT IS THE BIG CAUSE AS WE NEED TO GO OUTSIDE FOR JOB OPPORTUNIES BECAUSE OF ARTICLE 370

THE GOVERNMENT OF INDIA SHOULD TAKE STRONG ACTIONS AGAINST THE ABOVE SAID STATEMENTS AND SHOULD ACT ACCORDINGLY .

ONEMORETHING:-

WE SHOULD NOT FORGET THAT THE PEOPLE IN KASHMIR ARE CELEBRATING PAKISTAN INDEPENDENCE DAY INSPITE OF
INDIAN INDEPENDENCE DAY THIS SIMPLY INCIDATES THAT THE SOLDIERS WHO HAVE SACRIFIED THERE LIVES FOR THE
SAKE OF J&K HAVE JUST WAISTED THERE LIVES.THIS MAKES US REALLY SHAMEFUL TO BE AN INDIAN CITIZEN.
TILL NOW WE HAVE SEEN WEAK GOVERNMENT BUT NOW HOPE THAT WE WILL SEE THE GOVERNMENT ACTING VERY STRICTLY
ON SUCH ISSUES IN WHICH THE PRIDE OF NATION LIES.

THE PEOPLE OPPOSING AGAINST REMOVAL OF ARTICLE 370 SHOULD BE SENT TO PAKISTAN

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N Chandra Sekhar Naidu May 31, 2014 at 9:02 pm

I sincerely request Modi ji to abolish article 370. Nahi tho J&K people will always remain in poverty. Change can bring many business oppurtunities to J&K

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shrikant uthale May 30, 2014 at 7:23 pm

please abolish the article 370.

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