Article 370

Article 370

News: Recently, the SC is discussing whether removal of Article 370 was illegal.

What is Article 370?
• Article 370 was a provision in the Indian constitution that gave special status and autonomy to the state of Jammu and Kashmir. It was added in 1949 after the partition of British India and the accession of Kashmir to India.
• It allowed the state to have its own constitution, flag, and internal administration. It also limited the power of the Indian parliament to make laws for the state.
• Article 370 was revoked by the Indian government in 2019.

What were the arguments in favor of revoking Article 370?
• The Indian government revoked Article 370 in 2019, arguing that it was necessary to integrate the state of Jammu and Kashmir with the rest of India and to promote development in the region.
• Article 370 is titled “Temporary provisions with respect to the State of Jammu and Kashmir”. This suggests it wasn’t meant to be permanent and its revocation was inevitable.
• Article 370(3) allows for the President to declare the article inoperative, indicating a mechanism for its removal.
• It would strengthen the national security and sovereignty of India, as Article 370 had allowed the state to have its own constitution, flag, and laws, hich created a sense of alienation and separatism among some Kashmiris.
• It would pave the way for the resolution of the Kashmir dispute with Pakistan, as Article 370 had been a major source of contention and conflict between the two countries.

What were the arguments against removing Article 370?
• The accession of Jammu & Kashmir to India was based on certain terms, with Article 370 being central to it.
• The term “temporary” in Article 370 refers to the period before J&K’s Constituent Assembly created its Constitution (1951-1957), not the Article’s lifespan.
• The petitioners saw Article 370 as fostering a collaborative relationship between J&K and India. Removing it could disturb this balance.