What is article 370? five key points-Newstracker

What is article 370? five key points-Newstracker

The whole story of Article 370, which was created just for Jammu and Kashmir.


 Indian Constitution.  That written document, through which our entire country runs.  The Constituent Assembly passed on 26 November 1949 and came into force on 26 January 1950.  It took two years, 11 months and 18 days to become.  A total of 114 meetings were held and then implemented with 395 paragraphs and eight schedules divided into 21 parts.  With the help of this constitution, the entire system of independent India started running, but since independence, there was a dispute over Jammu and Kashmir.

Amit Shah on August 5 said that Jammu and Kashmir will be divided and two new Union Territories will be formed.



 India became independent on 15 August 1947.  Maharaja Hari Singh of the princely state of Kashmir approved the accession of Kashmir to India, which was signed by Governor-General Lord Mountbatten on 27 October 1947.  And Jammu and Kashmir were given special status.  For this, an article was brought to the constitution on October 17, 1949.  Article 370. This is the first article of Part 21 of the Constitution.  It has three parts -

 1. Under this, the President can implement the laws made by the Parliament and the Articles of Indian Constitution in the state with the permission of the Legislative Assembly of the State of Jammu and Kashmir.

 2. If there is a law to be made for the state, it will have to get the approval of the state's Constituent Assembly before making it.

 3. The president can finish this article by issuing public notifications.  But for this, the President must get the approval of the state's Constituent Assembly.

What is article 370? five key points-Newstracker
Article 370 of the Indian Constitution is the first Article 370, in which rules related to Jammu and Kashmir have been made.

 This is a rough interpretation.  Under this, the system of Jammu and Kashmir continued and this was the root cause of the dispute.  The root cause of the dispute was that if one of these three points was explained then one thing was clear.  And that is that Jammu and Kashmir have their own separate constitution.  And this constitution has given Jammu and Kashmir some strengths separately -

 # Article 370 gives special status to Jammu and Kashmir.

 # Under this article, Parliament could make laws regarding Jammu and Kashmir only in the matter of defense, foreign affairs, and communication.

 # If the Parliament has made law and it has to be implemented in Jammu and Kashmir, then the state assembly also had to approve it.

 Article 356 of the Indian Constitution was not applicable in J & K.  Under this article, the President of India can sack the elected government of any state.

 # JAMMU AND KASHMIR, other than Jammu and Kashmir, the citizen of another state can not purchase land.

 # Jammu and Kashmir's assembly is in office for 6 years.

 #The panchayat has no authority in Jammu and Kashmir.

What is article 370? five key points-Newstracker
 When the BJP and PDP coalition government formed in Jammu and Kashmir and Mufti Mohammad Sayeed became the chief minister, at that time also there was a flag of Kashmir with the Indian flag on his table.

# Jammu and Kashmir flag are different.


 # Right to Information (RTI) does not apply.

 # Right to education (RTE) does not apply.

 # The sections of IPC in J & K are not applicable.  For this, the RPC itself means Ranbir Penal Code, whereby someone is punished.

 How was Article 370 implemented in Jammu and Kashmir?


 There was a member of the committee drafting the Indian Constitution.  The name was N. Gopalaswamy Iyengar.  They also had the responsibility to look into matters of Jammu and Kashmir.  When there was the talk of Jammu and Kashmir coming with India, they introduced the draft Article 306 (A) in the Constitution.  Under this, there was the talk of Jammu and Kashmir getting different rights from other states of India.  Later this article was abolished and named Article 370.  On October 17, 1949, this article was added to the Indian Constitution.  At that time Gopalaswami Iyengar repeatedly reiterated that a referendum will be held and the Jammu and Kashmir Legislative Assembly will be able to form its own constitution separately.

 Was the provision of Article 370 temporary?


What is article 370? five key points-Newstracker
Article 370 of the Indian Constitution is the first Article 370. It is clearly written that this article is typical, transitional and special.

Article 370 is the first article of Part 21 of the Indian Constitution. Article 370 can be termed as temporary on the basis that the Jammu and Kashmir Legislative Assembly had the right to amend or abolish this article.  But the Jammu and Kashmir Assembly had decided to retain it.  The second interpretation is that unless there is a referendum in J & K, this article will be temporary.

 What can be done to end Article 370?
What is article 370? five key points-Newstracker
Article 370(3)also provides for the removal of this article


 The answer is yes.  Article 370 can be terminated by the President's order.  Article 370 (3) has its provision.  Under this, if the Constituent Assembly of Jammu and Kashmir recommends the removal of Article 370, the President can remove it.  When the Constitution of Jammu and Kashmir came into effect on January 26, 1957, the Constituent Assembly was over and replaced by the Legislative Assembly.  In exactly the same way as the Constituent Assembly of India came to an end and Parliament came into existence.  At present, the assembly is dissolved in Jammu and Kashmir and the Governor is the only one running the government.  In such a situation, the President can abolish Article 370 on the recommendation of the Governor.  On 5th August, Home Minister Amit Shah has said that the issue of Article 370 and two of three ended with the release of the President's order.

 What does Article 370 mean for a country like India?


 Article 1 of the Indian Constitution mentions the states and union territories of India.  It also comes with Jammu and Kashmir.  Article 370 is the medium through which the Constitution of India applies to the State of Jammu and Kashmir.  The Indian constitution has been implemented in Jammu and Kashmir by using this article 45 times so far from the Central Government.

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