Jammu and Kashmir – repeal the outdated and temporary Article 370

Posted on August 24, 2008. Filed under: India, Kashmir, Muslims, Pakistan |

Maharaja Hari Singh of Kashmir signed the accession papers on October 26, 1947 under which the state acceded to India. The accession of Jammu and Kashmir with India was carried out following the common pattern as drafted for other states acceding to India or Pakistan. Nehru I the Great took it upon himself to force the Maharaja for handing over power to Sheikh Abdullah. On the insistence of the latter it was decided that the State Assembly will take the final decision on the accession. We do not know whether there was a special mutually obligatory relationship between Nehru I and Sk. Abdullah, (why did Nehru declare himslef a Muslim in culture?) or such a relationship was forged on prompting by the British and we can only speculate about how Nehru came to this course of action and why people like Sardar were unable to stop him – there seemed to be no such fatal vacillation and weakness in the case of Hyderabad. To deal with the situation arising until the Assembly took the final decision Article 370 was incorporated in the Constitution as a temporary measure. But even after ratification by the State Assembly of Kashmir’s accession to India, the Article was not abrogated.

The Parliament has the power to legislate laws for rest of the states in the country but Article 370 prevents the Government of India from enforcing any law connected with Jammu and Kashmir without the approval or concurrence of the State Government. Only defence, external affairs and communications fall in the central list. Thus the law prohibiting misuse of religious places could not be extended to Jammu and Kashmir and so Kashmir is the only region in India which can claim to be legally not secular. The Uttar Pradesh Government was dismissed under Article 356 of the constitution over non-prevention of the demolition of the so-called Babari Masjid, but Article 356 was never invoked in Kashmir in spite of well known and very old pre-Islamic temples and shrines being openly destroyed by sections of Kashmiri Muslims.The President has no right to suspend the Constitution in the State and only the National emergency act under Article 352 of the Constitution can be imposed on Jammu and Kashmir to a limited extent and the financial emergency under Article 360 cannot be enforced in Jammu and Kashmir.

Under part four of the Constituion of India there is provision and scope for one constitutional practice, one administrative structure and one economic pattern. But under Article 370 Jammu and Kashmir has its right under its own constition to choose its own policies irrespective of the rest of India. Kashmir has separate flag from India and two flags have to be raised on the Government buildings in the state. For hoisting freely the National flag, permission has to be obtained from the State because it is necessary to hoist the national flag with the state flag. By Article 370, citizens of Jammu and Kashmir are citizens of India but the citizens of the rest of India cannot be citizens of Jammu and Kashmir and do not have the right to have property or the right to vote in Jammu and Kashmir. If a girl belonging to Jammu and Kashmir marries a boy who is not a state subject, she loses all her rights in the state, while the same does not extend to a Kashmiri boy. The wealth tax cannot be imposed in the state. The Urban Land Act, 1976, which is in force in the entire country is not applicable to Jammu and Kashmir.

Muslims from rest of India are given citizenship of Jammu and Kashmir but Hindus displaced during the partition, have been consistently refused citizenship according to some sources. The state Government did not accept the Anti-defection law adopted in the country and instead made several amendments. Here the decision on defection is not taken by the speaker of the Assembly but by the leader of the connected political party. The Governor has no right to vote in the Assembly if he/she is not a citizen of the state. The recommendations of the Wazir Commission for political reforms in Kashmir have been refused with the help of Article 370. Burning of the national flag is not a cognizable offence in Kashmir because the obligation enshrined in the Constitution to show respect to the tricolour, the national anthem and the national symbol is not valid in Kashmir. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state. The Union Government implements international agreements and accords under Article 253 of the Constitution but this Articel is superseded by Article 370 Jammu and Kashmir. One of the architects of Constitution of India, Dr.Ambedkar had apparently cautioned Nehru I that Article 370 can make full integration of the state with India difficult. But it is unlikely that Dr. Ambedkar’s warning will be heeded even now by his ideological and political descendants who are now dreaming of becoming a Prime Ministerial party using the very same complete appeasement and surrender to Islamic theological agenda.

On April 7, 1958 the Plebiscite Front of Sheikh Abdullah adopted a resolution specifically citing Article 370. and stated that : “Jammu and Kashmir state has not yet acceded to any of the two dominions, India and Pakistan. Therefore, it will not be right to call Pakistani invasion on Jammu and Kashmir as an attack on India.” Using Article 370 Kashmiri Muslim leaders have opposed any family planning and welfare schemes formulated by the Government of India, and the programme was implemented only in the Hindu majority Jammu. The former Chief Minister, G.M. Shah, had said that the aim of the Government family planning programme was to convert the Muslim majority into a minority. The former External Affairs Minister, M.C. Chagla, had told the United Nations that the Article was a temporary measure. The two former Chief Ministers of Jammu and Kashmir, Bakshi Ghulam Mohammad and G.M. Sadiq, too wanted this Article to be repealed.

Articles 3 and 5 of the State Constitution of the Jammu and Kashmir states that it will remain an “inseparable” part of India and the Parliament should immediately repeal article 370. For those Kashmiri Muslims who have declared themselves to be Pakistanis should be asked to apply for Pakistani citizenship, and if their application fails should be declared stateless persons and no longer citizens of India, and therefore no-longer citizens of any part of the dominions of the Republic of India.

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5 Responses to “Jammu and Kashmir – repeal the outdated and temporary Article 370”

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the present position of jammu and kashmir is like nail in the heart of the people of indian people.secial satus granted to it in the constituion is certanly a great mistake ever made by the constution assembly.

Well like it or not, we have to face the fact that the majority of people are there are as of now opposed to Indian rule, at least in its present form. I advocate keeping article 370 and whatever measures are necessary to keep Kashmir calmly within Indian administration until tensions have calmed and trust is reached between the Kashmiris and the government of India as to Kashmir’s future status within the union.
None of this hasty, naive “integral part of India” crap.
Like it or not, the “separatists” are the majority of the population in the valley.

Chathan,
“until tensions have calmed and trust is reached between the Kashmiris and the government of India as to Kashmir’s future status within the union.”

And this time is never going to come. Be rational man!!!

Nehru!! why were you so dumb in recognising Muslims.

i dont know why they made such complications in this case

Article 370 is nothing so special,Other states of Union of India has too same type of articlehttp://springofindia.wordpress.com/


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