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How Article 370 was used to Kill Article 370?

What is Article 370?

Article 370 recognizes the special status of the state of Jammu and Kashmir which confers power for a separate constitution, state flag and autonomy over the internal administration of the state. However, the 1954 Presidential order which gave the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with various exceptions.

In simple words Article 370 was created in Jammu and Kashmir which gives special power to the state.

It provides special power like

  • Special flag.
  • No one can buy property in Jammu and Kashmir.
  • No citizenship can be given to the other state person.

Union Home Minister Amit Shah moved a resolution to Rajya Sabha to absorb Article 370 in Jammu and Kashmir.

Amit Shah made use of the clause 3 of the same article which stated, “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that the article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify”.

Our government used the provisions of the same article to make the provisions of Article 370 ineffective, rather scrapping of the Article 370 which would require passing an amendment using Article 368, which was clearly a clever move.

Article 370 is not inoperative in Jammu and Kashmir.

Perks:

  • The reservation of laws will apply on jobs and education in J&L just like rest of Indian states.
  • Outsiders will also be eligible to take admission in colleges funded by state and J&K government.
  • Purchasing land and owning property by people, which were considered outsiders till now, is now possible.
  • Kashmiri women, who marry a non-Kashmiri, and their children would no longer lose their right of inheritance.

Reference

Primary Source

Article 370 of the Constitution of India.

Secondary Source

Website and blog

< https://en.wikipedia.org/wiki/Article_370_of_the_Constitution_of_India> accessed on 26 January 2021
< https://www.indiatoday.in/india/story/kashmir-article-370-ladakh-jammu-1577321-2019-08-05> accessed on August 2019
< https://economictimes.indiatimes.com/news/politics-and-nation/view-how-modi-government-cleverly-used-art-370-to-remove-special-status/articleshow/70548634.cms> accessed on 06 August 2019

Author :

Mohini Varma (Children Welfare Centre College of Law)