Article 370
Actually today i just thought to have a generalised topic or an article which was from a long back in India, which provides a special status to the state of Jammu and Kashmir.
History: In October 1947, the then Maharaja of Kashmir, Hari Singh, signed an Instrument of Accession that specified three subjects on which Jammu & Kashmir would transfer its power to the government of India:
1.Foreign affairs
2.Defence
3.Communications
In March 1948, the Maharaja appointed an interim government in the state, with Sheikh Abdullah as prime minister. In July 1949, Sheikh Abdullah and three other colleagues joined the Indian Constituent Assembly and negotiated the special status of J&K, leading to the adoption of Article 370. The controversial provision was drafted by Sheikh Abdullah.
What are the provisions of Article 370?
Parliament needs the Jammu & Kashmir government’s approval for applying laws in the state — except in cases of defence, foreign affairs, finance, and communications.The law of citizenship, ownership of property, and fundamental rights of the residents of Jammu & Kashmir is different from the residents living in rest of India. Under Article 370, citizens from other states cannot buy property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare a financial emergency in the state.
What’s happened now?
In the first few days of August, there were signs of something afoot in Kashmir.Tens of thousands of additional Indian troops were deployed, a major Hindu pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave, telephone and internet services were suspended and regional political leaders were placed under house arrest.But most of the speculation was that Article 35A of the Indian constitution, which gave some special privileges to the people of the state, would be scrapped.The government then stunned everyone by saying it was revoking nearly all of Article 370, which 35A is part of and which has been the basis of Kashmir’s complex relationship with India for some 70 years.
Why did the government do it?
Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party’s 2019 election manifesto.They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge.Critics of Monday’s move are linking it to the economic slowdown that India is currently facing.They say, it provides a much-needed diversion for the government.Many Kashmiris believe that the BJP ultimately wants to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to buy land there.Although Home Minister Amit Shah’s announcement in parliament on Monday came as a surprise to most Indians, it would have taken the government some preparation to arrive at the decision.The move also fits in with Mr Modi’s desire to show that the BJP is tough on Kashmir, and Pakistan.
What’s changed on the ground?
Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state.All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there.The government says this will bring development to the region.”I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state,” Mr Shah told parliament. “It’s because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place.”
The government is also moving to break up the state into two smaller, federally administered territories. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet.P Chidambaram, a senior leader in the opposition Congress Party described the decision as a “catastrophic step” and warned in parliament that it could have serious consequences.“You may think you have scored a victory, but you are wrong and history will prove you to be wrong. Future generations will realise what a grave mistake this house is making today,” he said.
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