Article 370: The untold story

The significance about the article and history 370, we can’t remove article 370. The Importance of Article 370 – Intro – Article 370 of a constitution of India about the state of Kashmir and Jammu is sixty six years old. The ministry came into force on 26 and after deliberations in its committee, this provision that was identifying were debated it and, occasionally, in conversation from the congress party. This chapter notes the redrafting of Article 370 and an overview of the ministry of Kashmir and Jammu are required. Given a spirit of compromise, sincerity of purpose, and the political will, it is not hard to recover a ministry settlement that meets the aspiration of the people of Kashmir and Jammu.

Background of Article 370

Into dominion of India Hari Singh signed this Instrument of Accession of Kashmir On October 26, 1947. He resisted 3 subjects authority – defence, external affairs and communications. Lord Mountbatten, presumably with the knowledge and consent of Pandit Nehru, unwisely insisted that the final decision of the accession would be ratified by the constituent assembly of Jammu & Kashmir. Nehru commited the blunder to follow Lord Mountbatten blindly. When neither Maharaja Hari Singh nor Sheikh Abdullah demanded the ratification of instrument of accession by the constituent assembly of Jammu & Kashmir, it was wrong on part of the government of India to insist on the ratification.

Under communications and external affairs may be extended in consultations with the country authorities to Kashmir. The parts that dealt with topics other than those might be extended with the help of the state government. The manager of the country was thus being given not just legislature function, it was being given a legislature function in regard to the ministry under which the people of the country were to live. This how article 370, which made majority of the Indian ministry, inapplicable to Jammu and Kashmir, has been incorporated in our ministry. Value of Article 370 – Article 370 of this ministry is the current foundation of this constitutional relationship between Jammu and Kashmir and this rest of India. With its abrogation being an avowed policy of the Bharatyia Janata party, the Jammu & Kashmir high courts observation that the provision has acquired a state of permanence may cause some disquiet in the party and the government.

Nevertheless, this high courts comment should be seen from this limited context wherein it was made. This because presidential order making law new clause applicable into this country.