Have doubts regarding the situation in Kashmir and the scrapping of Article 370 from the constitution of India? Read more to get the full scoop.
Constitution of India:
India is a democratic country with huge population. Dr. B.R. Ambedkar formed constitution in 1950. It has all the rules and regulations regarding different issues. In its preamble there are many articles which lay down all the principles to run the country and solve internal problems. Constitution is the supreme law of India. We are told about the fundamental rights and duties and practices that are allowed.It is world’s longest constitution. At present, Constitution of India has 448 articles in 25 parts and 12 schedules. 103 amendments have been made in the our constitution so far.
They added this article in our constitution in 1954. This article gave autonomous status to the state of Jammu and Kashmir. It was drafted in the Part-21 of the constitution. They declared it-Temporary, Transitional and Special Provisions.The Constituent Assembly of Jammu and Kashmir was established. After this it got powers to propose the articles of the Indian constitution. These should be applied to the state or to abrogate the Article 370 altogether. In 1954 they issued Presidential Order after consulting with Princely States. It told about the articles of the Indian constitution that were applied to the state. Finally, they decided to rule Kashmir with Article 370, together with Article 35(a).
Going little back in History:
When India was getting its independence some states did not want to join India. Now such states should either join India or Pakistan or declare themselves Princely State. Princely state would be possible if they are able to rule their state properly. India would not intervene in their matter unless requested for it. Hari Singh was the king of Kashmir at that time. He declared his state as Princely State. India sent invitation to sent to all the princely states to send representatives to India’s constituent assembly. It was formulating a constitution for whole India. Here they encouraged them to set up constituent assemblies for their own state. All agreed to the rules and accepted the constitution as their own.
Soon after Jammu and Kashmir became princely state, Pakistan attacked on it. Hari Singh pleaded before India for help. But till then Pakistani’s army had occupied some part of Kashmir. This was POK- Pakistan Occupied Kashmir. Then Hari Singh signed the Instrument of Accession to join India. Soon India sent back the Pakistan’s Army.
The prime minster of India Pt. Jawahar Lal Nehru and Sheikh Abdullah were behind the formation of Article 370. Only 3 matters were under control of Central Government.Therefore, Central Government had Defence, foreign affairs and Telecommunication. He provided extra provision in the legislation.
Dal Lake in Kashmir
Firstly, Central Legislature to exercise limited powers only.
Secondly, no outsider can buy property there.
Thirdly, State of Kashmir had its own flag.
Fourthly, it does not have a Panchayat System.
Fifthly, no Indian Jurisdiction would work there.
Sixth, a J/K people enjoy dual citizenship. One is Indian and other is of Kashmir.
If a woman marries a man from other state in India, she would lose her J/K citizenship.In addition to this we must know one more thing.This would not happen on marrying a Pakistani man!!
Tenure of Legislature of State Government is 5 years but in Kashmir it was 6 years.
Official language was Urdu.
Not only this but also Kashmiri Government will have major powers.
RTI, GAG etc law are not applicable there.
Hindus are a minority there but do not have reservation.
Scrapping of Article 370 in Kashmir
It seems like, this article completely divided the nation. It hindered development of the people. Besides, it is supporting terrorism also. Kashmir has faced lots of problem due to this. The level of education has badly gone down. Whole nation called out to abolish this forever. We all wanted our Kashmir back with us.On 5 August 2019, the Home Minister Amit Shah introduced the Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha. He demanded to convert Jammu and Kashmir’s special status. He wanted two separate union territories. They are Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
The union territory of Jammu and Kashmir to have a legislature under the bill. However, the union territory of Ladakh is proposed to not have one. Henceforth, Rajya Sabha passed the bill with 125 votes in its favour and 61 against (67%). Next day, Lok Sabha passed the bill 370 votes were for it and 70 against it (84%). Finally the President, Ramnath Kovind signed the bill and it became an Act.The two union territories will come into existence on 31 October 2019.