MAIN FACTS:
1. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function.
2. Article 370 provides temporary, transitional and special provisions to the state Jammu & Kashmir. Important features/provisions are: Article 238 could/shall not be applied to J&K, which dealt with Part B (princely) states.
3. The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed prime minister of Jammu & Kashmir by Maharaja Hari Singh andJawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution
4. Now, by that rule, the parliament may amend the article 370 to remove that special status of J&K. ... Since the Constituent Assembly is non-existent, there is no need for its recommendation and hence the President of India (and indirectly the Parliament of India) can make this happen. Article 370 of the Constitution of India. Article 370 of the Indian constitution is anarticle that gives autonomous status to the state of Jammu and Kashmir. Thearticle is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.
5. The present constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. ... The Constitution of India grants special status to Jammuand Kashmir among Indian states, and it is the only state in India to have a separateconstitution.
6. This collection of documents on Article 370 of the Constitution of India contains 'temporary provisions' with respect to the State of Jammu and Kashmir. This book presents documents on the five-month long negotiations which preceded its enactment on 17 October 1949.
Article 370 gives the following rights and facilities to the citizens of J & K
1. Jammu and Kashmir has its constitution because of article 370 and its administration is run accordingly not according to the Constitution of India.
2. Jammu & Kashmir; is an integral part of the Indian Union. But its area, name and boundary can’t be altered without the consent of the state assembly.
3. According to this article, the central government has to get approval from the state government to implement all other laws except defense, foreign affairs and communication in the state.
4. If a Pakistani boy marries a Kashmiri girl, he gets Indian citizenship too while Indians don’t have this privilege.
5. The people of Jammu and Kashmir have two types of citizenship. One is Indian citizenship and another is Kashmiri citizenship. Worth to mention that no other Indian can have two citizenship simultaneously.
6. The citizens of other Indian states can not buy any property or kind of any property in this state. It means, the fundamental right to property is still in force in this state.
7. Part 4 of the Indian Constitution (Directive Principal of State Policy) and Part 4A (Fundamental Duties) are not applicable in this State.
8. The Central government can impose National Emergency in the state in two conditions only; war and external invasion.
9. Only the resident of the Kashmir can take selection in the jobs of the state government.
10. The Central Government can not impose National Emergency in the state on the basis of internal disturbance in the state. The central government must take the permission of state government before doing so
OTHER HAND FACTS OF ARTICLE 370:-
1. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function.
2. Article 370 provides temporary, transitional and special provisions to the state Jammu & Kashmir. Important features/provisions are: Article 238 could/shall not be applied to J&K, which dealt with Part B (princely) states.
3. The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed prime minister of Jammu & Kashmir by Maharaja Hari Singh andJawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution
4. Now, by that rule, the parliament may amend the article 370 to remove that special status of J&K. ... Since the Constituent Assembly is non-existent, there is no need for its recommendation and hence the President of India (and indirectly the Parliament of India) can make this happen. Article 370 of the Constitution of India. Article 370 of the Indian constitution is anarticle that gives autonomous status to the state of Jammu and Kashmir. Thearticle is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.
5. The present constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. ... The Constitution of India grants special status to Jammuand Kashmir among Indian states, and it is the only state in India to have a separateconstitution.
6. This collection of documents on Article 370 of the Constitution of India contains 'temporary provisions' with respect to the State of Jammu and Kashmir. This book presents documents on the five-month long negotiations which preceded its enactment on 17 October 1949.
Article 370 gives the following rights and facilities to the citizens of J & K
1. Jammu and Kashmir has its constitution because of article 370 and its administration is run accordingly not according to the Constitution of India.
2. Jammu & Kashmir; is an integral part of the Indian Union. But its area, name and boundary can’t be altered without the consent of the state assembly.
3. According to this article, the central government has to get approval from the state government to implement all other laws except defense, foreign affairs and communication in the state.
4. If a Pakistani boy marries a Kashmiri girl, he gets Indian citizenship too while Indians don’t have this privilege.
5. The people of Jammu and Kashmir have two types of citizenship. One is Indian citizenship and another is Kashmiri citizenship. Worth to mention that no other Indian can have two citizenship simultaneously.
6. The citizens of other Indian states can not buy any property or kind of any property in this state. It means, the fundamental right to property is still in force in this state.
7. Part 4 of the Indian Constitution (Directive Principal of State Policy) and Part 4A (Fundamental Duties) are not applicable in this State.
8. The Central government can impose National Emergency in the state in two conditions only; war and external invasion.
9. Only the resident of the Kashmir can take selection in the jobs of the state government.
10. The Central Government can not impose National Emergency in the state on the basis of internal disturbance in the state. The central government must take the permission of state government before doing so
OTHER HAND FACTS OF ARTICLE 370:-
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.
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