Article 370, the J&k has own constitution
Article 370 of the Indian Constitu-tion deals with the special status given to the state of Jammu and Kashmir. It provides a fairly high degree of autonomy to the state, enables the state to have its own constitution which permits the state to give some special privileges to its “permanent residents”. One such special privilege is that only a permanent resident can buy land in the state and citizens from other Indian states face some rest-rictions.
The article was enacted with much displeasure to India’s founding fathers such as Sardar Patel and Babsaheb Ambedkar . It is a very controversial topic as the region is an international hotspot and the state is only Muslim – majority state in India.
Article 370 of the Indian Constitu-tion is an article that gives autono-mous status to the state of Jammu & Kashmir. The article is drafted in part XXI of the Constitution Temporary Transitional and special provisions. The state constituent Ass-embly was empowered to recomme-nded the articles of Indian Constitu-tion to be applied to the state or to abrogate the article 370 altoget-her. After the state constituent Assembly dissolved itself without recomme-nding abrogation the arti-cle 370 was deemed to have be-come a permanent feature of Indian Constitution.
Along with Article 35A of Indian Constitution, it allows the state to prefer the Jammu & Kashmir citizen’s for:-
1. Employment under the state Government.
2. Acquisition of immovable property in the state.
3. Settlement in the state.
4. Right to scholarships and such forms of aid as State Government may provide.
Due to Article 370, the Jammu & Kashmir has own constitution or law . It follows the Inter Pedal Court (IPC) and Ranbir Pedal Court (RPC). The IPC was come in India 2005 and the RPC was come in In-dia 2009. Article 370 present in j&k just because, for the development of j&k being developed. Democracy of j&k changes rapidly. No indus-trial houses can here. In future, article 370 will be removed from j&k.
Ten facts, people never know about Article 370.
There are ten main facts who see people never know about article 370. It is given below:-
1. According to Constitution of India, Article 370 provides temporary provision to the state of J&K granting it special autonomy.
2. The article says that the pr-ovisions of Article 238, which was omitted from the Constitution in 1956, when Indian states were reorganized, shall not apply to the state of J&K.
3. Dr. BR ambedkar, the principal drafter of Indian Constitu-tion had refused to draft Article 370.
4. In 1949, the Prime Minister of India had directed kashmiri leader Sheikh abdullah to consult Ambed-kar to prepare the draft of suitable article to be included in Constitution.
5. Article 370 was eventually drafted by Gopi laswami Ayyangar.
6. Ayyangar was a minister with-out portfolio in the first union cabinet of India. He was also a former Diwan to Maharaja Hari Singh of J&K.
7. Article 370 is drafted in Amend-ment of Constitution section, in part XXI, under Temporary and Transiti-onal provisio-ns.
8. The original draft explained ” the Government of state mea-ns the person for the time being recog-nised by President as the Maharaja of j&k acting on the advice of council of Ministers for the time being in office under the Maharaja proclamation dated on fifth Day of March, 1948″.
9. Under Article 370, the Indian Parliament cannot increase or reduce the borders of the state.
10. On November 15, 1952, it was changed to the Government of the state means the person for the time being recognised by President on the recommendation of the Legislative Assembly of state as the Safe – i – Riyasat of j&k, acting on advice of Council of Ministers of state for the time being in office.