JK and Article 370 QnA

You heard about JK and Article 370. Here, you will found everything about it. JK and Article 370 is an Indian Constitution to permit the state to draft its own Constitution.

What is Article 370?

Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution and permits the state to draft its own Constitution.

When did section 370 come into force?

Following modification and negotiations, Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949.

Was Article 370 a temporary provision?

Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it, and decided to retain it.

The Supreme Court in April 2018 said that despite the headnote using the word “temporary’, Article 370 is not temporary.

Thus, it is a permanent provision.

Can Article 370 be deleted?

Yes, Article 370 permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of J&K’s Constituent Assembly. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. But the other view is that it can be done, but only with the concurrence of the State Assembly.

Prime Minister Modi’s Kashmir policy.

In the last seven decades, different attempts to resolve the issue proved a disaster, Prime Minister Modi decided to follow an alternative approach. A few hundred separatist leaders and armed terrorists were holding State and country to ransom. The nation lost thousands of citizens and security personnel. Instead of spending on development, we were spending on security. The present decision makes it clear that just as the rule of law prevails in other parts of the country, it will equally prevail in the Kashmir valley.

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Benefit After Article 370

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