The Constitution of India, Article 370 - Patashala9

Thursday 25 December 2014

The Constitution of India, Article 370

What is Article 370?

According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy. When Dr B R Ambedkar, the principal drafter of the Indian Constitution, refused to draft the Article 370, the then Prime Minister Jawaharlal Nehru directed a Minister Gopalaswami Ayyangar to do the job. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.


The article is drafted in Part XXI of the Constitution (in Amendment section) which relates to Temporary, Transitional and Special Provisions. Unlike other State legislative Assemblies, J&K legislature has a six-year term. The State has two flags; a separate State flag along with the National Flag. Insulting of national symbols is not cognizable offence in Jammu & Kashmir. Most of the laws except defence, foreign affairs, finance and communication, passed by Indian Parliament need to be approved by the State Government before they are made applicable in the State.

The citizens of J&K are governed by Statespecific laws which come under the Constitution of Jammu and Kashmir, instead of those for the rest of India. The Supreme Court has no jurisdiction in the State of Jammu & Kashmir. The residents of J&K enjoy dual citizenship, but they could lose the J&K citizenship if they marry residents of other States.

If a woman marries a man in other Indian States, she loses her citizenship. Whereas if any woman marries a Pakistani, she will be entitled to have a citizenship of Jammu & Kashmir. The Article also gives Pakistan's citizens entitlement to Indian citizenship, if he marries a Kashmiri girl.

A majority of Indian laws including RTE, RTI and agencies like CBI, CAG are not applicable in J&K. 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. Source: TheHansIndia.

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