Act 370 Of The Indian Constitution

"The Debate On Article 370 Comes To An End "

Jammu and Kashmir which is located in the northern part of Indian sub-continent was given a special status through this article 370 of the Indian constitution. Jammu and Kashmir is now officially declared as a state from 1954 to 31th October 2019 by the government of India. A larger part of Kashmir which was disputed between India, Pakistan and china since 1947 is now granted with the power to have a separate constitution, a flag for its state and autonomy over the whole state administration. After the establishment of the constituent assembly of jammu and Kashmir, Kashmir was empowered to apply for state or to dissolve the article 370 of Indian constitution. To specify the articles of Indian constitution, the 1954 presidential order was issued that was applied to the state. Later, the article was qualified to have a permanent feature of the Indian constitution.

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In march 1948, the government of India appointed the maharaja as an interim government in the state and made Sheikh Abdullah as the prime minister of jammu and Kashmir. Sheikh Abdullah drafted the controversial provision. The law of jammu and Kashmir regarding citizenship, ownership of property and fundamental rights are different from the rest of Indian citizens and government. Under this act 370, citizens of jammu and Kashmir is only granted to buy property there. The government of Kashmir is forbidden to declare any financial emergency in India. This act means that jammu and Kashmir is under the Indian union. In addition to this, the jammu and Kashmir reorganization act on 31th October 2019 was passed by the parliament of India, dividing the state jammu and Kashmir into two union territories which will be known as union territory of jammu and Kashmir and union territory of ladakh. The main accession of jammu and Kashmir state was on-defense, foreign affairs and communication. For formulating a constitution for the whole of India, the princely states were invited to send representatives to India's Constituent Assembly. Some states were able to setup assemblies in Saurashtra union, Travancore- Cochin and Mysore. In 19th may 1949, it was decided by the rulers and chief ministers that there is no need to have separate constitutions for the states.

In the jammu and Kashmir case, the representatives of constituent assembly made a request that only those provisions of Indian constitution who corresponded to the original instrument of accession can apply to the state and the state's constituent assembly will decide on other matters. Before the meeting for act 370 was held, government already agreed to the above demands. The central government will only be applied with the concurrence of the states constituent assembly for jammu and Kashmir. Without the recommendations of article 370, the states constituent assembly dissolved it self on 25th January 1957. Thus, the act 370 of the Indian constitution was considered to have a life-time feature of the Indian constitution.

The two union territories- union territory of jammu and Kashmir and union territory of ladakh came into existence on 31th October 2019 which is also celebrated as National Unity Day. A Lt. Governor was appointed from the president of India for both the territories. After that, on 31th October 2019, both the Lt. Governors sworn in by Justice Gita Mittal, the chief justice of jammu and Kashmir high court. On 30th October 2019, the constitution of India under the act article 356 came to an end in the state of jammu and Kashmir. Finally, an order was issued from the president saying that the union territory of jammu and Kashmir will be ruled directly by him until the legislative assembly is constituted in the union territory.