A couple of weeks ago arvindji was nice enough to present me with his latest work the truth about article 370. What is article 370, article 370 news, article 370. Only then would the slogans of jhumuriyat, kashmiriyat and insaniyat make real sense. Now i looked at the art 370 issue rationally not emotionally as most of us do. This thread is created to debate the pros and cons of the article 370. Article 370 is a dagger aimed at the heart of a democratic nation of 1. Write a short note on wood dispatch critically examin the progress of consumer movement in india. The territory of the princely state of jammu and kashmir is now jointly administered by pakistan green, india blue and china yellow article 370 of the indian constitution gave special status to jammu and kashmir a region located in the northern part of indian subcontinent which was administered by india. So article 35a is seen as an exception authorised by the article 370, clause 1 d.
It was later substantially expanded by president reagan, who deemed it the best antipoverty, the best profamily, the best job creation measure to come out of congress snyder 1995. According to constitutional expert rajiv dhavan, the article 370 cant be abrogated because the government do away with it, the very basis of accession will be in jeopardy. Among other things article 370 of indian constitution has remained in. A debate must have a free exchange of views and opinions on both sides of the topic. As evident from the title of the part, it was supposed to be a temporary provision and its applicability was projected to last till the. Thanks to the authors rediff columns got to know arvind lavakare. Article 370 has been a talking point since it came into force.
Shiva shakti laser printing works 43794b, ansari road, daryaganj, new delhi 12. This article does not intend to go into the technicalities of article 370. I want people to put forward their views for and against the article my views are that it is not required and it should be scrapped immediately. The series of decisions was tabled in rajya sabha amidst huge uproar from the opposition which stoutly resisted them after which the. Oct 04, 2017 the problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Any meaningful debate on article 370 must, however, separate myth from reality and fact from fiction. Dec 05, 20 a couple of days ago, bjps prime ministerial candidate narendra modi said at a rally in jammu that the utility article 370 should be debated.
Article 370 of the constitution of india 1950 further 1 framing of indias constitution. Compendium on article 370 of the indian constitution. The state is empowered, both in the instrument of accession and the article 370, to decree exceptions to any extension of the indian constitution to the state, other than in the matter of ceded subjects. The only question we need to discuss here is when it should be scrapped. Article 370 of the constitution of india relating to the state of jammu and. A 2011 book by constitutional expert a g noorani, titled article 370. Article 370 debate sparks fear for region future of. Omar abdullahs freed after eightmonth detention, psa revoked. Article 370 was seen as discriminatory on the basis of gender, class, caste and place of origin. For those who are affected by the article 370 incident, they beg to differ from the statement ahmedabad education department wants to generalize on the debate.
Article 370 mohan krishen teng first published 1990 published by anmol publications 43784b, ansari road, daryaganj, new delhi 12. It is redundant, can be debated and constitutionally discarded, says vivek gumaste. And on the direction of nehru, gopal swami ayyangar had drafted that. Maharaja hari singhs son explains the history of article 370 duration.
Article 35a is unique in the sense that it does not appear in the main body of the constitution article 35 is immediately followed by article 36 but comes up in appendix i. May 23, 2016 addressing his first rally in jammu and kashmir on sunday, gujarat chief minister and the bjps prime ministerial candidate narendra modi sought at least a debate on article 370 that. Constituent assembly debates on october, 1949 part ii. Minister of state for pmo jitendra singh had last week said there should be a debate on retention of article 370 that grants special status to jammu and kashmir. It is high time that the new government takes a bold step and scraps article 370, which continues to keep the state in isolation. Oct 11, 2015 article 370, granting special status to the state, is permanent. Pdf article 370 of the indian constitution stipulates autonomy for the state of. R ambedkar refused to draft article 370 as part of indian constitution, shaikh abdullah approached nehru.
The earned income tax credit and the child tax credit. It is important to note that article 370 1 c explicitly mentions that article 1 of the indian constitution applies to kashmir through article 370. May 19, 2017 article 370 was eventually drafted by gopalaswami ayyangar. Constituent assembly of india volume x thursday, the th october, 1949 i therefore wish to appeal to the honourable the deputy prime minister and to the house to take a chivalrous and generous view of this matter and not to make the limes of these few unfortunate ladies miserable for such short periods as are still left to them before they pass away. He was also a former diwan to maharajah hari singh of jammu and kashmir. By the end of the lesson, students will have brought up and debated the beliefs of the north and south prior to the civil war.
A study in specific reference to legal dimensions and implications. In retrospect, it is hard to imagine any rationale or justification for taking a part of india and assigning, in perpetuity, means for undoing the unity of the nation. Understanding the recent row of debates on article 370. But, in this case, i totally agree with you, article 370 should be repealed. Abrogation of article 370 a very complex affair, say legal. Article 370 grants independent status to the state of jammu and kashmir. According to this article, except for defence, foreign affairs, finance and communications, parliament needs the state governments concurrence for applying all other laws. Bjp has a big role to play in it because the new prime minister of india and bjps task master narendra modi had promised to repeal it. Since many people dreamt of jobs in state due to this quota, they are ruined now all of a sudden.
All manners of people should be treated alike, all regions, states and groups shou. The provision was incorporated in part xxi of the constitution. What is article 370 and why is it politically significant. May 28, 2014 article 370 has been amended many times before and has remained not much effective now. Article 370, an advantage or a disadvantage indian constitution is one of the most efficient written constitution that any country has ever produced. The main provisions like, permission for the president and pm of india, selection of local person and. The other view is you can remove 370, but take the state legislative assembly on board. Constitution is for the real union of indian people, built on the basic concept of sovereignty of the people, to ensure them of justice.
Scrapping article 370 is nothing but road to selfdestruction for india what was the need to amend article 370 now, and do so in a way that showed brutal contempt not only for the. While one section of the indian polity has strongly demanded its abrogation, some others have vehemently opposed this demand. Home minister amit shah had repeatedly stressed in parliament that article 370 is temporary in nature. This book is a brief description of article 370 of the.
More over there is a debate over whether article 370 is a part of basic structure of the constitution and whether it can be amended. But according to mustafa, there is a legal catch here. We dont have authentic source regarding the abovementioned quote of dr. Article 35a of the constitution of india wikipedia. The union governments move is also politically crucial because it. What is the procedure to remove article 370 from the. I am new here and wanted to participate in a debate.
These days, a debate on revoking the article 370 has started. These are only 21 questions which establish that article 370 is not just discriminatory but antipeople and antidemocratic. Article 370 is an anachronistic decree that has outlived its utility, militates against indias sovereignty, and discriminates against both indians and kashmiris by mutually excluding each other from syncretic growth. Article 370 of the indian constitution gave special status to jammu and kashmira region located in the northern part of indian subcontinent which was administered by india as a state from 1954 to 31 october 2019, and a part of the larger region of kashmir, which has been the subject of dispute between india, pakistan, and china since 1947 conferring it with the power to have a separate. This book is a collection of documents on article 370 of the constitution of india, which contains provisions related to the state of jammu and kashmir. Article 370 of the constitution of india wikipedia. A constitutional history of jammu and kashmir, provides insights on the negotiations preceding its enactment, the significance.
Article 370 is arguably the most contentious provision of the constitution of india. There is no doubt that article 370 need to be scrapped. There is quite a noise over the approach of central government on the issue of article 370. As usual, every political party in this election campaign has used or will be using article 370 as one of the burning issue. My purpose here is to respond to the five main questions that have already been raised in the. It is a mixture of various other constitutions, the constitution makers had to be very prudent. Bakshi ghulam mohammad of the jammu and kashmir national. The narendra modi governments eagerness to debate abrogation of article 370 has sparked fears in the northeast about the future of provisions bestowing special status on states in the region.
Abrogation of article370 for and against its a debatable question whether article370 should be abrogated or not. Article 3703 provides that the president may, by public notification, declare that this article. At the bharatiya janata partys recent lalkar rally in jammu, its prime ministerial candidate, narendra modi, called for a debate on article 370. Since the current bjp government came to power, the article 370 debate has often been at the forefront of political discourse in india. Congress has accused the modi govt of highhandedness and said it is murdering democracy and the indian constitution. Article 370 guarantees special status to the state of jammu and kashmir as clause. Ebook article 370 as pdf download portable document format. However, this was a temporary provision and it was applicable only. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. With its abrogation being an avowed policy of the bharatiya j. When narendra modi called for a debate on 370, he was simply reiterating a demand. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced.
Plan your lesson in civil war and reconstruction 18501877 with helpful tips from teachers like you. As a rule of thumb, i would say, the parliament can do anything with the constitution as it pleases, as long as the basic structure of the constitution remains intact. Article 370 debate has to be taken to conclusion greater kashmir srinagar, nov 15. The bharatiyajanta party bjp on saturday said the ongoing.
But there are various myths and facts surrounding this topic. I will argue that article 370 which gives the state that kind of autonomy should stay and con should come up with reasons as to why and how should article 370 be revoked. By economically isolating the state, article 370 has kept the people angry and frustrated allowing the kashmiri parties to easily perpetuate the kashmir vs india narrative. Its a debatable question whether article 370 should be abrogated or not. The earned income tax credit eitc, first proposed in the early 1970s, was signed by president ford. Constituent assembly debates on october, 1949 part i constituent. Breaking all the stereotypes the bharatiya janta party led central government took the legal and fairly democratic process to end various provisions of article 370 against the backdrop. It is hoped that the supporters of article 370 would answer these simple and straight questions to help clinch the whole issue through discussion and debate. Article 370 of the constitution is a temporary provision which promises to grant autonomous status to jammu and kashmir. Oct 15, 2015 article 370 of the constitution is the current bedrock of the constitutional relationship between jammu and kashmir and the rest of india. The dominion of article 370 with regard to the indian constitution is undisputed and has been reasserted by the indian nationstate time and again such that on november 21, 1964, the head of.
Article 370 of the indian constitution is a law that grants special autonomous status to jammu and kashmir. Zee news is a hindi news channel with 24 hour coverage. Article 35a of the constitution of india parliament library. Article 370 was eventually drafted by gopalaswami ayyangar. Important features of article 370 of indian constitution. Article 370 gave the power to the state similar to the power that the centre has. Article 370 is the bedrock of the constitutional relationship between jammu and kashmir and the rest of india.
Article 370 is a constitutional provision that gave jammu and kashmir its special status. India is the worlds 10th largest economy with the 4th most powerful military. The problem in india is that while we got a relatively good constitution, it was repeatedly undermined by all kinds of distortions. Under article 370, except for defense, foreign affairs, communications and ancillary matters matters. Debating article 370 is an expression of confidence in our. The state of jammu and kashmir has, all these years, remained in controversies and confusions, and hence in political turmoil. It provides new insights on the negotiations preceding its enactment, the significance of the article, and the constitutional evolution of the state and its relationship with the union of india from 1946 to 2010. Under article 370 the indian parliament cannot do anything about the borders neither it can increase nor it can decrease the borders of the state. The controversial provision was drafted by sheikh abdullah. An interpretivist approach classifies this debate in the larger context of continuation or revocation of article 370, based on the research question whether article 370 has worked in the manner. Article 35a stems from article 370, having been introduced through a presidential order in 1954. The only source we have is the statement of rss leader balraj.
Johnson, makes an organizations taxexempt status conditional upon its removal from political campaigning. Debating article 370 is an expression of confidence in our strength. Former union minister and mla prof chaman lal gupta while commenting upon the controversy over the various aspects of article 370 today asserted that there is much need for debate on merits and demerits of article 370 granting separate status to jammu and kashmir instead of its legal and constitutional validity. What are the points to speak in favor of article 370 in a. Well, from a person currently in state, heshe may remark. What is the procedure to remove article 370 from the indian. Feb 10, 2017 the johnson amendment, a 1954 federal law put forth by thensen. The stances india takes could have major implications in the future and i strongly believe it is being underestimated as a global power able. Article 370 in the constitution of india 1949 indian kanoon. Removing article 370, which can be done by a presidential order, would. Article 370 of the indian constitution international journal of law. Article 370, what should be the governments approach to it.
Article 370 is drafted in amendment of the constitution section, in part xxi, under temporary and transitional provisions. One is bound to ponder on whether article 370 is responsible for all these ills of the state. Article 370 laid down that except for matters related to defence, foreign affairs, communications and issues specified in the instrument of accession of jammu and kashmir, parliament needs the. Ayyangar was a minister without portfolio in the first union cabinet of india. Everything you need to know about the controversial legislation that shaped kashmir. Article 370 was the constitutional provision through which the special status that kashmir has historically held under the indian constitution was. I think we need to give atleast 6 years to modi government to complete the prerequisite objectives for implementing article 370 which are mainly 2 fold 1. On the other hand, the bjp has found support from parties like the bsp, bjd and ysr congress all in the opposition. The article is drafted in part xxi of the constitution, which relates to temporary, transitional and special provisions. Importance of article 370 article 370 of the constitution is the current bedrock of the constitutional relationship between jammu and kashmir and the rest of india. This sounds to be very obvious when the article has to deal with the only muslim majority state and the government is considered to be a hindu right wing party.