The basic knowledge as known and reported suggests that Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu and Kashmir has been accorded special status under Article 370.
All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and Prime Minister in place of chief minister.
The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted 'iron clad autonomy' for the state, which Centre didn't comply with.
According to this Article 370, except for defence, foreign affairs, finance and communications, the Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states can not purchase land or property in Jammu & Kashmir.
Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
By far, the most debated and discussed article in the entire Constitution, Modi's suggestion on a debate on the abrogation of Article 370, has once again brought this provision in the limelight.
INDIA HONEST sees some silver line, why Narendra Modi, during Lalkar Rally in Jammu, set the raise the agenda, when he categorically said that the time has come to discuss if residents of Jammu & Kashmir or the nation as a whole otherwise have benefited from Article 370.?
Article 370 of the Indian Constitution allows Jammu & Kashmir to have a unique ‘special status’ within the Indian Union,except in matters related to defence, foreign affairs and communication. The Union Government can make or amend laws only with the approval of the State Government, and yes over a period of time, some changes were made to Article 370 to include jurisdiction of Supreme Court, Election Commission and Comptroller and Auditor General but there are still many areas under the exclusive control of State Government, that needs revisit.
The unfortunate reality of the Article 370 is that it allows the State of Jammu & Kashmir to have a separate Constitution and a separate flag, Constitution, that feeds the sense of alienation. It can be well argued that how one temporary Article/provision has continued for more than six decades,as it allows for certain laws which are outdated, unfair and stand in direct conflict with the Constitution of India ?
It is often seriously pointed that among the various causes of Kashmir problem – inclusion of plebiscite in the Instrument of Accession, reference of Kashmir to UN, halting Indian offensives when it was poised to drive out the invaders from Kashmir, and lastly the continuation of this outdated Article 370; have played no less a part in preventing/creating doubtful questioning on J&K, being an absolute or an integral part of the Indian Union.
IH agrees beyond doubt, Article 370's utility now needs a comprehensive debate by the nation.