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Article 370 Constitution Of India Explanation

Article 370 Constitution Of India
Article 370 Constitution Of India

Article 370 constitution of India was implemented on November 17, 1952. This article gives lots of features to Kashmir people, the features which do not provide to other citizens of India.

This article clearly states that the Government of India will initiate in all matters of defense, foreign affairs, and communication.

Due to Article 370, Jammu Kashmir has its own constitution and its administration. They do not work according to the Constitution of India.

Article 370 Constitution Of India

Jammu and Kashmir are also knowns as Switzerland of India. Here the green plates, clean and fresh air, and water make this state really a paradise on earth.

But in few years lots of unnecessary words come to hear about Kashmir, you know that what I am going to tell you.

The reason behind this is the self-interest politics of the Aagawadi leaders and some legal issues such as article 370 in Jammu and Kashmir and Article 35a.

After India independence, Jammu and Kashmir had also been liberated on August 15, 1947.

At the time of India’s independence, Raja Hari Singh was the ruler of Jammu and Kashmir, who wanted to keep his state independent.

But on October 20, 1947, “Azad Kashmir Army” along with the Pakistani army invaded(attack) Kashmir and grabbed a lot of shares.

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In this situation, Maharaja Hari Singh, with the consent of Sheikh Abdullah to protect Jammu and Kashmir, together with Jawaharlal Nehru, announced the temporary merger of Jammu and Kashmir with India on October 26, 1947, and sign on “Instruments of Accession of Jammu & Kashmir to India “.

Under this new agreement, Jammu and Kashmir had handed over only three subjects:

Defense, Foreign Affairs and Communications with India. After signing the agreement, the Government of India promised that “the people of this state will construct the internal constitution of the state through their own constituent assembly.

And as long as the Constitution of the state does not determine the boundary of the governing system and jurisdiction Till then, the Constitution of India can only provide an interim arrangement about the state.

With this commitment, Article 370 was included in the Constitution of India.

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It clearly states that these provisions are temporary in relation to the State of Jammu & Kashmir.

These provisions were implemented from November 17, 1952.

What are the characteristics of the Constitution of Jammu and Kashmir?

Article 370 gives the following rights and facilities to the citizens of J & K?

1. Jammu & Kashmir; The Indian Union is a constitutional state, but its name, area, and boundary can change by the Central Government only when the State Government of Jammu and Kashmir allows it.

2. According to this article, the Central Government has to get approval from the state, to implement all other laws except defense, foreign affairs, and communication.

3. Jammu and Kashmir have their own constitution and its administration to work accordingly and not according to the Constitution of India.

4. J & K has 2 flags One Kashmir has its own national flag, and India’s Tricolor flag is its national flag.

5. The citizens of other states of the country India can not buy any property in this state. This means the fundamental right to property of this state is still in hand of Jammu & Kashmir.

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6. People of Kashmir have got 2 types of citizenship; One Kashmir and Indian.

7. If any Kashmiri woman marries an Indian, then her Kashmiri citizenship ends, but if she marries any Pakistani, then she does not make any difference to Kashmiri citizenship.

8. If a Pakistani boy marries a Kashmiri girl, then he gets Indian citizenship too.

9. Generally, it happens that when an Indian citizen takes the citizenship of another country other than a state of India, then its Indian citizenship ends.

But when a resident of Jammu and Kashmir goes to Pakistan and whenever he comes back to Jammu and Kashmir, he is again considered a citizen of India.

10. Part 4 of the Indian Constitution (Policy Principle of State) and Part 4 A (original duty) do not apply to this State.

That is, it is not necessary for the citizens of this state to respect women’s identity, protect cows and flag the country, etc.

11. Insulting national symbols of India (national anthem, national flag, etc.) in J & K does not fall under the category of crime.

12. The center govt only because of Article 370; No law can be imposed on the state like the Financial Emergency (Article 360).

That is, if there is a financial crisis in India and the Indian government announces a financial emergency, then it will not make any difference to the Jammu and Kashmir.

13. Any amendment in the Constitution of India does not apply automatically to J & K unless it is allowed to be implemented by special order of President.

14. Center Government; Only on two conditions national emergency can apply on Jammu & Kashmir: in the case of war and external invasion.

15. If there is a national emergency due to an internal disturbance in India, its impact does not affect J & K.

However, only after the approval of the State Government of Jammu and Kashmir, it can be implemented in the state.

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16. Due to the disturbances in the state of Jammu & Kashmir, the Central Government can not apply national emergency. it will have to get approval from the state government before doing this.

17. In government jobs of this state, only the permanent citizens of this J & K can make the selection, here only local people can get state’s scholarship.

It is clear from the facts given above that Jammu and Kashmir is a state of the Indian Union but the people of this state have been given certain rights which are different from the other states of India.

The main reasons for terror in Jammu and Kashmir are the selfish interests of some Alagawaadi leaders.

These Alagawaadi leaders Flutter the poor boys of Jammu & Kashmir on Pakistan’s gestures and force them to choose the path of terror, but these leaders use to send their own child to abroad for education.

Now the people of Kashmir need to understand the selfish interests of these separatist leaders and re-establish peace and prosperity in this region called Switzerland of India.


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