Article 370 and Kashmir Issue in Urdu/Hindi

Article 370 is an important feature of the Indian Constitution. It is permanent because it cannot be abrogated or amended. The only constituent assembly of Jammu and Kashmir could do this, but since it is not there, article 370 has become permanent. It gave some special privileges to the State of Jammu and Kashmir. The important provisions of this article are:

1. the states of Jammu and Kashmir can have its own constitution. All the provisions of the Indian Constitution would not be applied to the Jammu and Kashmir states.

2. The central government’s powers are limited to the Defense, Foreign Affair and Communication.

3. Other provisions of the constitution can be extended to the states only after the concurrence of the State’s government.

4. By state government it meant “Constituent Assembly”.

5. The state’s governing authority to give concurrence lasted till the formation of the constituent assembly. Once the constituent assembly was established the power shifted to it. And after the creation of the State’s own constitution, no further extension was possible.

6. Article 370 of the Indian Constitution can only be abrogated or amended only upon the advice of the Constituent Assembly.

At the time of partition in 1947, it was written in the Instrument of Accession that the State would not be compelled to accept any future constitution of India, this article was formed to protect this thing.

It was in the manifesto of Modi’s Bhartiya Janata Party that Jammu and Kashmir would be brought to the Union of India. It is clear from various hearings of the High Court of Jammu and Kashmir and Supreme Court of India that the article 370 cannot be amended or abrogated. On 5 Aug, the president of India issued a presidential order which states for the full implication of India Constitution to the State of Jammu and Kashmir. This decision is without the concurrence of the State’s government because there is no government right now. Home Minister of India Amit Shah brought a resolution in the parliament and was passed in both the Houses of Parliament. Ram Nath Kovind is currently the President of India. Mehbooba Mufti and Omar Abdullah are currently under house arrest. Both are the former Chief Minister of Jammu and Kashmir valley. Additionally, Jammu and Kashmir have Muslim majority population, almost 77% according to the 1942 consensus.

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