The Constitutional Significance of Article 370
Article 370 of the constitution is the current foundation of the constitutional relationship between Jammu and Kashmir and the rest of India.
- First of all, there has been an ongoing conflict inside the borders of the state of Jammu and Kashmir. This year began with an agreement for a cease-fire, which is still in effect.
- However, the state’s current circumstances remain unusual and abnormal. They are still not at peace.
- Therefore, the administration of the state must be focused on these unique circumstances until normal life comes back, as in the case of the other states. Article 370 of the Indian Constitution established the limits for Jammu and Kashmir’s links with the rest of India.
- Over time, the government expanded the majority of the Constitution’s provisions to Jammu and Kashmir through a series of Presidential Orders, ultimately weakening the independence provided by Article 370.
Article 370 of the Constitution of India
Article 370 is a constitutional provision that offers special status to Jammu and Kashmir. The Constitution came into force on January 26, 1950. This unique provision was discussed in the constituent assembly of India after discussion in its drafting committee and, sometimes, in discussion in the Congress parliamentary party. The clause was added to the Constitution’s Temporary, Transitional, and Special Provisions section (Part XXI). It is clear from the part’s title that this was intended to be a temporary solution, and its use was expected to continue until the state’s constitution had been written and adopted.
Article 370 restricted the Parliament’s legislative powers to the state of J&K. The administration of Prime Minister Narendra Modi decided in 2019 to withdraw Kashmir’s special status, which granted it a certain degree of independence.
Table of Content
- What is Article 370?
- Historical Background of Article 370
- The Constitutional Significance of Article 370
- Constitutional Implication of Article 370
- Provisions of Article 370
- Abolition of Article 370
- Controversies and Criticism On The Abolition of Article 370
- Impact of Abolishing Article 370
- Conclusion- Article 370
- FAQs On Article 370