Just two days after the new government swore into the PMO, the country is taken aback and is abyss as the news of repealing Article 370 has been announced. While the nation debates over this decision weighing the pros and cons of this article. But how much do you really know about the Article 370? Here is your guide to understand this article better.
1. Why was it brought?
At the time of independence it was argued that Kashmir was not ripe enough for integration and felt a need to keep it exempted from the basic fundamental rights. This was the main reason for the insertion of Article 370.
2. The protests
The inclusion of this article in the Indian constitution was questioned by many, including the architect of the constitution, Dr. B. R. Ambedkar and Sardar Vallabhai Patel. The main reason for this was the discrimination that came hand in hand with the insertion of this article.
3. The “Temporary” provision
The article came with a tag that said it was temporary, giving hope that the state would also be integrated with time, however the day sadly has not yet come. The main clause for repealing this article was when there would be real peace and also when the people of the state approved of this arrangement.
4. The implications
This article specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government’s concurrence for applying all other laws. Thus the state’s residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
5. The repealing of the article 370
The article states under the clause 3 that the president may declare this article shall cease to be operative by public notification, after the recommendation of the constituent assembly of Jammu and Kashmir and is willing to recommend its revocation.
6. The changes made
A series of Presidential Orders has eroded Article 370 substantially. While the 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State with the support of the Sheikh, the subsequent series of Presidential Orders have made most Union laws applicable to the State.
7. Gender Bais
Many claim to have a negative thought about the Article 370 as it disqualifies women from the state of property rights. However it is less known that the article itself was gender neutral but the definition of Permanent Residents in the State Constitution — based on the notifications issued in April 1927 and June 1932 during the Maharajah’s rule — was thought to be discriminatory.