ARTICLE 370 BY ABHISHEK JAIN

INTRODUCTION

‘India’ – India is the seventh largest country in the world in terms of geographical area. India is the second largest populous country in the world. India is the largest democratic country in the world. India got independence on 15 August, 1947. Pt. Jawaharlal Nehru was the first Prime Minister of Independent India. At midnight on 14-15 August, 1947, Jawaharlal Nehru gave speech to the people of India. This speech is known as ‘tryst with destiny’s speech.

During British era, India was divided into two provinces:- British Indian Provinces and The Princely States. British government directly controls the British Indian Provinces and the Princely States were controlled by the kings they enjoyed some form of internal affairs under the British government. Before the independence of India, Britishers announced that with the end of their rule in India, the paramountcy of British over princely states also lapse. So, all the princely states would become independent or either join India or Pakistan. There are about 565 princely states at that time. Now, the princely states are free to join India or Pakistan or remain independent. This was a very difficult situation for India. Because these divided India into a small countries. Problem started very soon when Ruler of Travancore decided independent state. The Nizam of Hyderabad also want independent status. But most of the princely states joined Constituent Assembly by signing ‘Instrument of Accession’ like the Maharaja of Manipur, Nawab of Bhopal.

These announcement of Britishers divided India in small countries. But Jawaharlal Nehru and Sardar Vallabhbhai Patel plays an important role to make India. Most of the princely states like Junagadh, Hyderabad, Kashmir and Manipur proved more difficult than the others.

This article was about Abrogation of Article 370 which gave special status to Jammu and Kashmir. The independent of India came with partition of India into two countries that is India and Pakistan. Pakistan separated from India and celebrated it independent day on 14 August, 1947. During partition many people lost their lives, women were rapped, children lost their families, girls suicide to preserve their family respect. About 10 lakhs people killed on both sides of the border.

The violence of Jammu and Kashmir lost many lives and displaced families. There are many issue between India and Pakistan like Indus Valley Treaty 1960, Nuclear Test 1974 and many more. The major issue between India and Pakistan is the issue of ‘Kashmir’ whether Kashmir is belonging to India or Pakistan. Pakistan claimed that Kashmir belongs to Pakistan because of Muslim population.

There are three social and political regions in Jammu and Kashmir that is Jammu, Kashmir and Ladakh. Kashmir Valley is the heart of Kashmir region. In Kashmir region, people are mostly Kashmiri speaking Muslim and with a small Kashmiri speaking Hindu minority. Jammu region is a region including both hills and plains with Hindis, Sikhs and Muslims and people of speakers of other language. The Ladakh region is a last region of North India. It is very coldest region with high mountains. Here mainly Buddhists and Muslims live.

The Kashmir issue is not only the reason for dispute between India and Pakistan. Actually, there are various internal and external issues involves. It includes the issue of Kashmiriyat and the aspirations of the people of Jammu and Kashmir for the autonomy of politics.

BEGINNING OF THE PROBLEM

Before the independence of India, Kashmir was a princely state. The ruler of Kashmir was Hari Singh. When British announced that the princely states are freely to join India and Pakistan and independent state. Then Hari Singh want an independent status for Kashmir. He did not want to merge it with India and tried to negotiate with India and Pakistan. But the Pakistan leader claimed that Kashmir region belongs to it. The Pakistan thought that Kashmir has majority of Muslim population so Kashmir belongs to it. But the Kashmiri people did not themselves saw it. They thought themselves above as they are Kashmiri.

Then, there was a popular movement led by Sheikh Abdullah, The Leader of National Conference. He was totally against joining Pakistan and get rid of Maharaja Hari Singh. National Conference was a secular organisation with a long association with the Congress and Nationalists leaders like Jawaharlal Nehru.

In October 1947, to capture Kashmir, Pakistan send tribal infiltrators from Pakistan side. This forced the ruler of Kashmir to take help from Indian Military. Indian Military successfully defeated infiltrators and send them back. This was only done when King signed ‘Instrument of Accession’ with the Indian government.

In March 1948, Sheikh Abdullah was become the Prime Minister of Jammu and Kashmir. It was also said that when situation was normalised, then we ask to the people of Jammu and Kashmir about their future to join Indian or not. Depending on their majority. India agreed to maintain autonomy with Jammu and Kashmir.

EXTERNAL AND INTERNAL DISPUTE

Externally, Pakistan has always claimed that Kashmir Valley belongs to Pakistan. In 1947, with the invasion of Pakistan also occupies some part of State. India also argued that this is under illegal occupation but Pakistan named that area as ‘Azad Kashmir’. Kashmir always be a major issue between India and Pakistan.

Internally, there was a dispute about the status of Kashmir within the India. Article 370, which gives special status to Jammu and Kashmir in our Indian Constitution. Article 370, gives special status to Jammu and Kashmir than the other states. Law are imposed on Jammu and Kashmir only when states agrees. When Article 370 was imposed on Jammu and Kashmir, Indians are not allowed to buy land there. Jammu and Kashmir has it’s own Constitution, Flag and Government.

Jammu and Kashmir is one of the living example of society and politics. Not only the diversities of all kinds of religious, linguistic, cultural, ethic trial but there are also various different political aspirations.

ABROGATION OF ARTICLE 370

Government of India or the BJP government abrogated the Article 370 of the Constitution of India. This Article gave special status to Indian Occupied Kashmir (IOK). This decision of Indian Government not only violated the UN absolute and bilateral agreement between India and Pakistan but also the ‘Instrument of Accession’ that was signed between King of Jammu and Kashmir and Indian Government.

Any changes to the Article made by Constituent Assembly of Jammu and Kashmir but this assembly dissolved in 1957. President order replaced the ‘Constituent Assembly’ with ‘Legislative Assembly’. Now with the removing of Article 370, Governor was appointed by the President only who governs Jammu and Kashmir.

With the removal of Article 370 also Article 35 A dissolved this Article prohibits the outsiders to buy property in the State. Now any Indian can buy property and also do government jobs in Jammu and Kashmir.

AFTER REMOVING THE ARTICLE 370 WHAT WILL HAPPEN?
  • With the abrogation of Article 370, Now people outside Kashmir can buy property in Kashmir. Now girls can marry with Indian and can be domicile of Kashmir. If Kashmiri girl marry to non- Kashmiri. She will become non- Kashmiri.
  • Sheikh Abdullah who was Prime Minister of Jammu and Kashmir in 1948, He was fear that with the citizenship of Kashmir. He felt that with the large Hindu citizenship of Kashmir, Kashmir became part of India.
  • Now Industrialists can easily buy land and start factories for manufacturing.
  • Now Jammu and Kashmir become Union Territory of India.
  • Ladakh also become Union Territory.
  • Constitution of India will apply on Jammu and Kashmir and Ladakh.
  • Ladakh not have any Legislative Assembly.
  • There is no separate flag of Jammu and Kashmir.
  • Article 356 of Constitution of India will apply on Jammu and Kashmir which allows Presidential rule over in case of emergency.
  • Jammu and Kashmir have Legislative Assembly.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect those of Katcheri.in.

Leave a Reply

Your email address will not be published. Required fields are marked *

2- DAY WEBINAR SERIES ON “LEGAL AID WITH SPECIAL REFERENCE TO PIL” [FEE: 130/-] BY BEING LAWGICAL & JLSR : REGISTER NOW!!!

X
error: Content is protected !!