December 12, 2024

What is Article 370? What is the use of  Article 370?

By Tirri Venkat Vinod Aug 22, 2024

The Indian Constitution’s Article 370 gave the Jammu and Kashmir region special autonomy. This clause gave the state sovereignty over internal affairs, except defense, communications, finance, and foreign affairs, which the Indian government managed. It also permitted the state to have its flag and constitution.

Key Points About Article 370

Temporary Provision: Article 370 was a “temporary provision” in the Indian Constitution, granting special autonomy to Jammu and Kashmir until its status was resolved.

Special Autonomy: Jammu and Kashmir enjoyed special status, with the Indian Parliament needing the state’s consent to apply laws, except in defense, communications, and foreign affairs.

Separate Constitution and Flag: The state had its constitution and flag, and its citizens held dual citizenship (Indian and state).

Article 35A: Added in 1954, this gave Jammu and Kashmir the authority to define “permanent residents” and provide them with access to government employment and property ownership that aren’t available to outsiders.

Presidential Orders: As more Indian laws were extended to Jammu and Kashmir throughout time, some Presidential Orders weakened the state’s unique status.

Impact of Revocation:

End of Special Status: All Indian laws became applicable in the region.

Reorganization: Jammu and Kashmir was divided into two Union Territories—Jammu & Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly).

Property Rights: Non-residents can now purchase regional property, as Article 35A was annulled.

Legal Challenges: The revocation faces legal challenges in the Supreme Court of India, with ongoing scrutiny of its constitutionality.

What is the Use of Article 370?

Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan, and China since 1947.

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