Article 370 of Indian Constitution

There has been ongoing discussion over abrogation of article 377 of the India constitution.Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu and Kashmir has been accorded special status under Article 370.

All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and Prime Minister in place of chief minister.

The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted 'iron clad autonomy' for the state, which Centre didn't comply with.

According to this Article, except for defence, foreign affairs, finance and communications, the Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states can not purchase land or property in Jammu & Kashmir.

Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

By far, the most debated and discussed article in the entire Constitution, the current  debate on the abrogation of Article 370, has once again brought this provision in the limelight.

But what exactly is Article 370 and why is the Article so important to keep Jammu and Kashmir as a part of India? Here are 10 facts that explain why:

1. According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy.

2. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir.

3. Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370.

4. In 1949, the then Prime Minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar (then law minister) to prepare the draft of a suitable article to be included in the Constitution.

5. Article 370 was eventually drafted by Gopalaswami Ayyangar

6. Ayyangar was a minister without portfolio in the first Union Cabinet of India. He was also a former Diwan to Maharajah Hari Singh of Jammu and Kashmir

7. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.

8. The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948."

9. On November 15, 1952, it was changed to "the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office."

10. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.

Horrendous Consequences of Article 370

1. Secessionism spread to other states

The venomous tendencies of secessionism and separatism, strengthened by those, who incorporated the baneful Article 370 in the Indian Constitution, later on spread to Nagaland, Meghalaya, Mizoram and the Punjab.

2. Regionalism and parochialism

The Article 370 tanned and fed the forces of regionalism, provincialism, parochialism and obscurantism. It created regional conflicts, collisions and controversies in truncated India.

3. Denial of fundamental right to settle permanently

Under Article 19 (1) (e) and (g) of our Constitution, it is fundamental right of the citizens of India to reside and settle permanently in any part of the country, and to practice any profession or carry on any occupation, trade or business. But Article 370 deprived the citizens of India of the right to settle permanently in Jammu and Kashmir. Is it not a strange discrimination that citizens of Jammu and Kashmir could settle in any province of India but the citizens of India could not settle in Jammu and Kashmir, because of this discriminatory Article 370? Even Pt. Nehru, the Prime Minister of free India, could not settle in his own ancestral land Jammu and Kashmir, because of the baneful barrier of Article 370. No citizen of India could go to the state of Jammu and Kashmir without a permit issued by the state government, headed by Sheikh Abdullah. Dr. Shyama Prasad Mookerjee, the founder of Bharatiya Jana Sangh (the progenitor of BJP) defied the permit system and entered the territory of Jammu and Kashmir without permit. He demanded from Nehru Government the abrogation of the detrimental Article 370, which smacked of secessionism. Consequently he was arrested on May 11, 1953, and detained in Srinagar Guest House. On June 23, 1953, Dr. Mookerjee breathed his last, while in police custody in the Srinagar Hospital under suspicious situation: The unofficial probe pointed to medical murder. Thus the founder of Bharatiya Jana Sangh sacrificed his life for the abrogation of the venomous Article 370.

4. Denial of Fundamental right to purchase property

Under Article 370, citizens of India cannot purchase immovable property in the State of Jammu and Kashmir, but the people of Kashmir can purchase property in other states of India.

5. Deprivation of the right to vote

The citizens of India cannot become the citizens of Jammu and Kashmir. Due to Article 370, they are deprived of their right to vote in the elections to the state assembly or municipal council or panchayats.

6. Denial of Jobs

On account of Article 370, Indian citizens cannot get jobs in the state of Jammu and Kashmir. All the jobs in the state are reserved for the citizens of the state.

7. Detrimental to women of the state

Article 370 is highly detrimental to the women, who are even born and brought up in the state of Jammu and Kashmir. If a woman, who is permanent citizen of the state, gets married to a man who is not a citizen of the state, she loses her properly. She is deprived of even her ancestral property. In the state of Jammu and Kashmir, domicile certificates issued to women are valid up to their marriage only. They have to acquire fresh 'Permanent Residence Certificate' after their marriage.

8. Denial of admission and job to Kashmiri women after marriage

If a woman, who is born and brought up in Jammu and Kashmir and is permanent citizen of the state, marries a citizen of India, she cannot get a job in the state, nor can she get admission in medical, engineering or agricultural colleges established with the financial aid by the Union of India.

9. Victimization of Hindu Immigrants - Supreme Court helpless:

On account of unholy partition of our holy Motherland, unfortunate Hindus were ousted from their ancestral homes in West Pakistan. A few thousand Hindu families migrated to Jammu and Kashmir and settled there. Though, fifty five years have elapsed since their migration, yet they, their children and even grand-children have not been granted citizenship on the ground that outsiders cannot settle permanently in the state on account of Article 370. Consequently, these unfortunate Hindus are deprived of their fundamental rights. They cannot purchase land for construction of their houses. Their names are not included in the electoral rolls of the state assembly. Hence, they cannot exercise their franchise in elections. They cannot get Government or semi-government jobs. They arc not sanctioned loans by the state government. They are not granted government licenses for the purpose of business. Their children are not granted admissions in medical or engineering colleges of the state, though the Government of India bears most of the expenses of the said colleges. Thus, they are treated as second-class citizens in a state, which is declared as an inseparable part of India. Having seen no other alternative, the unfortunate displaced persons knocked the door of the Supreme Court. It is a matter of irony, agony and astonishment that though the Supreme Court realized the injustice rendered to them; yet, it could not give any relief to them because of the discriminatory Article 370. It is a heartrending tale that the honorable judges of the Supreme Court, in spite of having recognized their grievance as justifiable, expressed their inability in their judgment to give any relief to the unfortunate Hindu immigrants in view of the peculiar constitutional position prevailing in the state.

10. Incapability to alter the boundaries of Kashmir

Under Article 3 of the Indian Constitution, the Parliament has the right to change the boundaries of any province, provided the President consults with the authorities of the concerned province before signing the bill. But, on account of Article 370, the Parliament of India cannot alter the boundaries of Jammu and Kashmir. For doing so, it has to seek approval from the Constituent Assembly of Jammu and Kashmir. It indicates that the Constituent Assembly of Jammu and Kashmir is above the Parliament of India. Had Pt. Nehru not applied Article 370 to the state of Jammu and Kashmir, the Indian Parliament could have split Kashmir into various parts and annexed the said parts to the adjoining provinces. The only panacea to the problem of Kashmir is to abrogate Article 370, split Kashmir into parts and annex the said parts to the adjoining provinces in such a way that the Muslims may lose the majority, and Hindus may be induced to settle permanently in the said parts with overwhelming majority. The well-planned systematic dispersal of Muslim population and settlement of Hindu population in its place is the only remedy to the malady of Kashmir.

11. Non-acceptance of Hindi

The decision of the Union of India pertaining to Hindi as National language could not be applied to Jammu and Kashmir because of Article 370. No member could speak in Hindi in the State Assembly without prior permission of the speaker.

12. No CBI in Kashmir

On account of baneful barrier of Article 370, Central Bureau of Investigation (CBI) was not allowed to work in Jammu and Kashmir. Thus Sheikh Abdullah and his accomplices were let loose to collude with Pakistani conspirators and infiltrators. The reports of his collusions and conspiracies with Pakistani agents and spies could not reach the ears of the ruling leaders of India.

give the government reasonable time to gear up and deliver.

With the Modi government having been formally set up ,there is a sense of pride and achievement in the entire country.People have been waiting for a change.They have given clear mandate for a new government so that it should be able to function free from pressure tactics of regional parties/allies.Now that the Modi government  has finally taken over,people are expecting positive results.Of course,it is not possible to bring about a total turn around overnight but initiatives in the right direction will itself make a lot .Inviting SAARC countries for participation in the swearing ceremony of the Prime Minister Modiji and his cabinet colleagues has been a master stroke in the field of foreign affairs.There are lot of issues inside the country which if suitably attended,will create tremendous goodwill in favour of the central government.Difficulties being experienced by the common man in getting railway reservation is one such problem which needs immediate attention

We must,however,give the government reasonable time to gear up and deliver.Let us hope and pray that the Modi government brings a new era of development in the country.

Nation building is not to be left to the government alone.

We have all voted for a strong,stable central government and it has  brought the desired result.After a long gap,we have  a government with clear majority and the result is obvious.The government is able to take stand even before its formal take over despite opposition from powerful regional leaders with narrow minded approach over national issues.

Then our job is not over with casting of votes.We must all contribute  to the cause of national building which is possible only if we our conscious of our duties more than our rights.

Nation building is not to be left to the government alone.It is the collective effort which alone can help us keep our head high among the nations of the world.That is possible only when we stop fighting for small things in the name of caste and religion and discard sectarian and casiest leaders .Once the people give firm message to the political class about their resolve to vote for development prone ,honest persons ,the political leaders will fall inline and stop taking castiest,and sectarian approach.

The division of India was the greatest blunder

It is a great news that the Prime Minister of Pakistan,Mr Nawaj Sarif has accepted invitation to participate in swearing ceremony of Shri Modiji as the Prime Minister of India.Modiji deserves credit for taking such a dynamic step in inviting SAARC countries on this occasion.

We must have coordial relations with our neighbours,if we want to propsper.Every sensible person will only pray that the goodwill between the countries is not only strenthened further rather is strong enough to solve all impending issues being faced by the two countries.

The division of India was the greatest blunder for which both the countries have paid heavy price so far.The Britishers played greatest mischief by engineering division of India in the name of religion.This was not only unnatural rather highly impracticabl as well.It is high time that the governments on both sides  sit together (and involve Bangla desh also in the process)and work for reuniting India,Pakistan and Bangla Desh into one nation.Till such time this situation comes,let them have a good working relation among themselves.This will help everybody in the region .

Bihar Model :how long Bihar will continue to be exploited in the name of secularism and casteism??

After JD(U)  lost  Lok Sabha  elections ,Mr Nithish Kumar  resigned from the post of Chief Minister on moral grounds. He should have resigned much earlier when he broke away from BJP as the people of Bihar had given mandate to NDA to rule Bihar.However,he chose to stick to chair till he lost in the recent elections. He should have recommended dissolution of the state assembly and should have faced fresh election.But he lacked courage to do so because of imminent defeat in the event of fresh election to the state assembly. Therefore he brought a mahadalit Chief Minister,and developed friendship with RJD to whom he had been criticising all along for fomenting caste politics.The question is :how long Bihar will continue to be exploited in the name of secularism and casteism. Already the state is facing acute backwardness. Education system is in mess. There is hardly any industry worth the name in the state. like rest of the country,Bihar,too,must grow and that is possible only if the government there is concerned with the growth and development .It should not count its survival on caste equations. Mr Nithis Kumar has done long time damage to the People of Bihar by throwing it back into the dirt of caste politics for narrow political gains.

Let people of Bihar teach them lesson by casting vote in favour of development and prosperity setting aside caste and pseudo secularism in the next election to the state assembly as and when it is held so that the narrow minded politicians are taught a lesson forever.

mismanagement in the rail ticket booking system should go

People of India are naturally waiting to see the new government at the centre to perform.There is enormous scope of improvement in government functioning .The existing system of railway reservation specially tatkal tickets need immediate attention.Despite  efforts made so far, the system of railway reservation is still not satisfactory.Huge number of travelors are facing trouble due to slow mooving  IRCTC website.When there is so much demand of railway tickets and the facility of internet reservation is easily available even in remote areas,the need to have so many agents is beyond our understanding.The new government should immediately scrap the system of booking railway tickets through agents and improve the IRCTC internet booking system so that it is easily accessible and people are able to book ticket without wasting time.If this simple work is done,this government will gain  lot of goodwill as the present mismanagement in the rail ticket booking system is causing  lot of difficulties for the common man who look  at the new government with great expectations.

good bye to castiests and pseudo secularists !

Recent election results are game changers not only for the Governance of the country but is also a great lesson for the hypocrites .So far the practice has been that who so ever invited Muslims to vote in their favour in the name of religion became self styled secularist. Smt Sonia Gandhi went to the extent of calling for unity of secular votes.Many other political outfits followed the same philosophy not because they were really concerned about the welfare of minorities but they expected to benefit from the vote bank politics being followed in the name of secularism and castiesm. Castiesm and 

Pseudo-Secularism have done great harm to this country.

Selfish  politicians  exploit  minorities by creating fear psychosis.

Had they been really concerned about their welfare,minorities would not have been struggling at the bottom level even in the states being ruled by these secularists.The caste politics has done greater damage to this country than anything else.People vote on caste lines which results in politicians who hardly have any interest in real development.Bihar and U.P. are worst sufferers.

Ihe people of India has shown courage and wisdom in rising above the caste and religion in voting for a development man,Shri Narendra Bhai Modiji.If there is development in the country,everbody will be benefited.so we must say good bye to castiests and pseudo secularists to ensure peace,prosperity and growth in the country.

purity of the Ganga water will be restored soon.!

There were celebrations everywhere. Modiji was given wonderful welcome  on his arrival in Delhi yesterday.Then he went to Varanasi and participated in worship to Lord Vishwanath and Ganga aarati programme..The touching speech he gave from the banks of the Ganges will be ever remembered.We all need to do something to restore the pride and purity of the Ganges.Rght from the very childhood we have been witnessing every household keeping  the Ganga water to be used on auspicious occasions.A drop of the Ganga water can purify everyone and everything!That Great Ganga certainly needs immediate attention of one and all.It can not be left to the Government to clean it.We also need to be careful while dealing with it.

Let us hope that the purity of the Ganga water will be restored soon.!

India has won!

Indian is celebrating victory of Shri Narendra Modiji who is going to lead the nation as its next Prime Minister. After thirty years India is going to have a Central Government wilh absolute majority. Shri M.J.Akabar is right in saying that it is a great unjustice to say that minorities are against Shri Modiji.It was a great conspiracy which has led to the massive defeat of Congress.Congress had never such defeat in the history.
 

The voters of the country have voted with great introspection. They had a great hope in the leadership of Modiji.They have voted for development, and prosperity of the country.Modiji came out with a new policy which vouched for growth,and development.People from all sections of the country liked and trusted this and voted for Modiji.

 

Not only Narendraji rather entire india has won.this election is a message to the narrow minded leaders who expected to win by following divisive politics.

 

India is great!

India has won!

 

jai Bharat!

 

Vande Mataram!

 

Let the country prosper!

Final results of the recent elections are yet to be formally declared .The entire country is holding its breath to see the change at the Centre. But the time is not very far. It is, however, important that  the new government, which is certainly going to be headed by Modiji ,is allowed free hand to perform so that it should  be able to keep its promises made to the people of India on the  eve of the Election. Senior BJP Leaders who are above 75 should voluntarily keep themselves away from the day to day functioning of the government and should do social work .They must give place to youngers .People of India are watching silently and have great expectations from the new government. Let us all cooperate with new government and create a appositive atmosphere so that the country prospers. Congress must gladly accept its defeat and function like a constructive opposition. Even the opposition party has a great role to play in a democratic system.

exit poles have shown NDA getting majority

Most of the exit poles  have shown  NDA getting majority in the sixteenth Lok Sabha, thus paving way for Modiji taking over as the next PM of India. There are many lessons to be learnt from the elections held recently. We must amend the constitution to ensure that only national parties participate in future elections to the Lok Sabha so that the narrow minded regional parties are not able to generate hung parliaments and thus blackmail the government for selfish gains at the cost of national interests. Further voting should be made compulsory with provision for deterrent punishment against the defaulters .This will minimize vote bank politics in the country. The so called secular parties have been running from pillar to post to get Muslim votes. For that they used to create fear psychosis among the minorities. But they must learn that India wants to vote for those who can bring about prosperity and development, create job opportunities  so that Indians can keep their heads high all over the world. let us hope that the new government to be headed by Shri Narendra Bhai Modiji is able to deliver and bring about peace and prosperity in the country.

Final round of election to the sixteenth Lok Sabha

Final round of election to the sixteenth Lok Sabha will be over within a few minutes. The entire country is holding its breath to know the final outcome .These elections  prolonged  for more than a month which should have been minimized to a week or so. The entire country was virtually at standstill during the lengthy election process. In this age of technology the  Election Commission of India must find out ways and means to shorten this period for future elections. In fact, the election system of our country needs lot of improvement to make it truly democratic. The rising election expenditures has made it beyond the reach of a common man. Moreover holding separate elections for LOK SABHA and state assemblies also creates lot of problems including avoidable load on the state exchequer. Elections to the LOK SABHA should be able to give stable and strong government at the centre   who should be able to protect the national sovereignty and should be able to create an atmosphere conducive to development in  the country. If necessary the constitution should be amended to achieve these targets.

Indian Democracy is at the crossroads

Indian Democracy is at the crossroads. Elections are essential part of a Democratic set up. There is need to hold them peacefully and to accept the peoples verdict gracefully. This Lok Sabha election will be ever remembered for political leaders of different parties crossing all limits in abusing Shri Narendra Modiji  who has become a national HERO in the eyes of Indians. If a political party is going to loose ,it need not start abusing the winners rather should make introspection   and wait for the next election. Even opposition  has a great role to play in the system. Most of the parties have read the writings on the wall and it is that the victory of Shri Narendra Modiji is only awaiting a formal announcement.

 

Elections for the Lok Sabha is ending to-morrow

Elections for the Lok Sabha is ending to-morrow. It seems to be Modiji vrs  All.There has been lot of noise during more than a month long period during which this process of election  has been going on this time.It is  now to see ,if we get a stable government with full majority so that it can deliver ??