Some knowledge Sharing !! ARTICLE 370 : Brief Detail Article 370 of the Indian Constitution is a temporary provision whch 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 didnt comply with. According to this Article, except for defence, foreign affairs, finance and communications, the Parliament needs the state governments concurrence for applying all other laws. Thus the states 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. BJP Founder Syama Prasad Mookerjee (Calcutta,1901-1953 ) was the first person who raised his voice against it. He opposed the Indian National Congresss decision to grant Kashmir a special status with its own flag and Prime Minister. According to Congresss decision, no one, including the President of India could enter into Kashmir without the permission of Kashmirs Prime Minister. In opposition to this decision, he once said Ek desh mein do Vidhan, do Pradhan aur Do Nishan nahi challenge (A single country cant have two constitutions, two prime ministers, and two National Emblems). During this protest, He was imprisoned in Srinagar where he died. His death in custody raised wide suspicion across the country and demands for independent enquiry were raised, including earnest requests from his mother, Jogmaya Devi, to Jawaharlal Nehru. Nehru declared that he had enquired from a number of persons who were privy to the facts and, according to him, there was no mystery behind Dr. Mookerjees death. Jogmaya Devi did not accept Nehrus reply and requested the setting up of an impartial enquiry. Nehru however ignored the letter and no enquiry commission was set up. Mookerjees death therefore remains a matter of some controversy..Atal Bihari Vajpayee claimed in 2004 that the arrest of Mookherjee in Jammu and Kashmir was a Nehru conspiracy.
Posted on: Tue, 03 Dec 2013 08:14:59 +0000
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