Friday, October 11, 2013

Article 370

Article 370 of the Indian Constitution, which is of a temporary nature, grants special 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. Interestingly, till 1965, J&K had a Sadr-e-Riyasat for Governor and Prime Minister in place of Chief Minister !



When Indian Government was merging with Indian Princely States and foreign ruled territories using Instrument of Accession, J&K chose to remain independent, but when Muslim Tribes (allegedly supported by the government of Pakistan) attacked Jammu and Kashmir on 6 October 1947, to save his state Maharaja Hari Singh (the then ruler of J&K) chose to accede Jammu & Kashmir to India, so that India could help in defending her. The accession of the state to India is still a matter of dispute between India and Pakistan , and still on the agenda of the U.N.Security Council.

Why special status?
Article 370 is a special clause in Indian Constitution and was extracted in 1950  by Sheikh Mohammed Abdullah after lengthy negotiations with Indian leaders. The architect of the Indian Constitution, Dr. Ambedkar, opposed granting Article 370 but it was on India's first Prime Minister Jawaharlal Nehru's insistence and personal guarantee that it was granted to the state.

Personal Comments :
Article 370 was supposed to be a temporary solution but since none of the governments have raised this issue, J&K government have become more demanding. Recently, current state CM Mr. Farooq Abdullah is demanding even more autonomy. I believe that carving out special status for J&K was a "Historical Blunder". This very Article 370, I think, inhibits the progress of the state. If it had been in the purview of the Central Government completely, things would have been better. Currently, it seems to me that Kashmir is an orphan territory to be occupied by whosoever carries a gun.

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