Essay on Article 370 of indian constitution

In this Article 370 essay, we will learn about article 370 Kashmir, who drafted article 370 & when was article 370 removed.

On 5 August 2019, the President of India issued the Constitution (Application for Jammu and Kashmir) Order, 2019 in the exercise of the powers conferred by clause (1) of Article 370 of the Constitution.

By this, the Government of India has amended Article 370 itself (not revoked it).

With this, the Indian government has dramatically revised relations between the state of Jammu and Kashmir and the Indian Union.

Taking a historic decision, the central government proposed to remove Article 370 of the Constitution from the state of Jammu and Kashmir and divide the state into two union territories: Jammu and Kashmir and Ladakh.

Article 370 Essay:

Article 370 became a part of the Constitution of India on 17 October 1949 and was added as a ‘provisional provision’ that gave exemption to Jammu and Kashmir, in order that it may draft its constitution and the Indian Parliament within the state Prohibit legislative powers.

It was introduced by N. Gopalaswamy Iyenga within the draft constitution.

Under Article 370, the Constituent Assembly of Jammu and Kashmir was empowered to recommend which articles of the Indian Constitution should apply within the state.

The Jammu and Kashmir Constituent Assembly was dissolved after drafting the state structure.

Article 3 of Article 370 provides the President of India the facility to amend its provisions and scope.

Article 35A stalks from Article 370 and was applied through an order of the President in 1954 on the advice of the Jammu and Kashmir Constituent Assembly.

In this essay, we additionally talk about Article 35A empowers the Jammu and Kashmir legislature to define permanent residents of the state and their privileges.

Why was Need for Change in Article 370?

Article 370 was added to the Indian Constitution to provide sovereignty to Jammu and Kashmir, but it failed to do upright to Kashmiris.

Because of this Kashmir has been suffering from radicalism and violence for a long time.

It has served to widen the gap between Kashmir and other nations.

Due to this, India’s security challenges from neighbors like Pakistan and China were becoming more complicated.

Current Decision of Center on Article 370:

Now only clause 1 of article 370 will continue, the remaining clauses have been eliminated.
Section-1 was also implemented by the President and it can also be removed by the President.
Jammu and Kashmir are not privileged.
Single citizenship.
One nation one flag.
Article 360 (Financial Emergency) is now in force.
People from other states can buy land in Jammu and Kashmir.
Ladakh, Jammu and Kashmir have separate union territories.
Tenure of Jammu and Kashmir Legislative Assembly – 5 years.
RTI and human rights rules apply.

Constitutional Challenges:

The President’s order which seeks to abolish the special status of Jammu and Kashmir, according to Article 370 (3), the President will require the recommendation of the Legislative Assembly of Jammu and Kashmir for such a change.
However, in the order of the President of 2019, a sub-clause has been added to Article 367, which replaces the conditions:
“Constituent Assembly of Jammu and Kashmir” means “Legislative Assembly of Jammu and Kashmir”.
“Government of Jammu and Kashmir” means “to act on the advice of the Governor of Jammu and Kashmir and the Council of Ministers”.
The government wanted to amend the Constitution to reduce autonomy under Article 370, which would require a two-thirds majority in Parliament.
This provision is currently challenged in the Supreme Court on the ground that it added Article 35A to the Indian Constitution only through an order of the President.
Transforming Jammu and Kashmir into a Union Territory is a violation of Article 3, as the Bill was not sent to the President by the State Assembly.
In the reorganization of the state, the President’s order also requires the consent of the state’s government.
Although, Jammu and Kashmir is currently under the Governor, the Governor’s consent is considered to be the Government’s consent.

Potential Consequences:

Increase in terrorism- Article 370 has been marked by Kashmiris as their separate identity and autonomy.
There is a possibility of widespread protests and violence as a reaction to the weakening of Article 370.
Terrorist elements of Pakistan can easily use Kashmir to spread terrorism in India.
Unrest in Kashmir can affect its democratic progress.

Way Forward:

For the upliftment of Kashmir, a strategy of about 10 years should be implemented for education and employment.

To solve the crisis of legitimacy in Kashmir, a Gandhian path of non-violence and peace should be adopted.

The government can reduce the challenges posed by the removal of Article 370 by launching a comprehensive outreach program for all Kashmiris.

In this situation, to solve Kashmir problem, Atal Bihari Vajpayee’s design of Kashmiriyat, Insaniyat, Jamhooriyat (inclusive culture of Kashmir, Humanism and democracy) should be made the foundation for reconciliation in the state.

Conclusion for Article 370 Essay:

There are strong arguments against and supporting retraction of Article 370.

While one clause argues that Article 370 is the only constitutional link between the state and the rest of India, others feel that it is a 70 year old offense that prevents India from becoming an integral part.

But the truth is that since the creation of India and Article 370, Kashmiri people have been suffering from this issue.

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