A comprehensive Presentation on Article 370 in Jammu and Kashmir in India

1. 360 ̊ on Article
370

2. “Constitution is for the real union of
Indian people, built on the basic
concept of sovereignty of the people,
to ensure them of justice. That is the
real spirit of constitution.”

3. THE STATE OF JAMMU AND
KASHMIR
Part of territory of India as defined in Art.1
15th state, included in the First schedule of
the Constitution, as it stands amended.
 Peculiar position under the Constitution
of India
Enjoys special status under Article 370 of
the Constitution.

4. ARTICLE 370 OF THE INDIAN
CONSTITUTION
A temporary provision
Grants special status to Jammu and
Kashmir.
Under Part 21 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.

5. HISTORY OF
INTEGRATION OF
J&K WITH INDIA

6. THE PRINCELY STATE OF J&K
 Under British regime, J&K was ruled by Maharaja of
Kashmir from 1820.
Kashmir and Jammu was, from 1846 until 1947,
a princely state in the British Empire in India, and
was ruled by a Maharaja.
The state was created in 1846 when, after its victory
in the First Anglo-Sikh War, the East India
company annexed the Kashmir Valley and in order to
make good on the financial loss incurred during the
Anglo-Sikh war, the Muslim Majority Kashmir was
sold to the Dogra ruler of Jammu under the Treaty of
Amritsar.

7. DURING FREEDOM OF INDIA &
PAKISTAN
When India and Pakistan got freedom on
15th and 14th August, 1947, Maharaja Hari
Singh (then the ruler of J&K), chose to be
neutral, joining neither of the countries.
He wanted both India and Pakistan to
recognise his princely state as an
independent neutral country like
Switzerland

8. IN 1947
Indo-Pakistan war of 1947 on Kashmir.
On October 22, 1947, J&K was attacked by
Azad Kashmir Forces with the support of
Pakistan.
Maharaja sought the help of India.
India helped J&K after Maharaja Hari Singh
signed the Instrument of Accession giving up
Kashmir to India which was accepted by Lord
Mountbatten, the Viceroy of Burma on
October 26..

9. THE INSTRUMENT OF ACCESSION
The Instrument of Accession is a legal
document executed by Maharajah Hari
Singh, ruler of the princely state of Jammu
and Kashmir, on 26 October 1947.
By executing this document under the
provisions of the Indian Independence Act
1947, Maharajah Hari Singh agreed to
accede to the Dominion of India .

10. THE INSTRUMENT OF ACCESSION
Lord Mountbatten’s remark and the offer
made by the Government of India to
conduct a plebiscite or referendum to
determine the future status of Kashmir led
to a dispute between India and Pakistan
regarding the legality of the accession of
Jammu and Kashmir to India.

12. POST - 1947
By Accession, the Dominion of India
acquired jurisdiction over the state
with respect to certain subjects.
Indian military aid to Kashmir
1948: India takes the Kashmir
problem to the United Nations (UN)
Security Council on 1 January.

13. POST - 1947
1949: On 1 January, a
ceasefire between Indian
and Pakistan forces leaves
India in control of most of
the valley, including
Jammu and Ladakh.
Pakistan gains control of
part of Kashmir including
what Pakistan calls "Azad"
Kashmir and Northern
territories.

14. POST - 1947


15. A Special deal - Article 370
In 1949
On 17 October, 1949,
The Indian Constituent Assembly
adopted
Article 370 – A TEMPORARY
PROVISION of the Constitution.

16. ARTICLE 370
 Only three subjects
were submitted by the
state to the Dominion
of India under the
Article.
They are
1. Defence
2. External Affairs
3.Communications

18. ARTICLE 370
The original draft explained "the Government
of the State means the person for the time
being recognised by the President as the
Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time
being in office under the Maharaja's
Proclamation dated the fifth day of March,
1948."

19. ARTICLE 370
1) Notwithstanding anything in this Constitution,
(a) the provisions of article 238 shall not apply in relation to the State
of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be
limited to—
(i) those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the
President to correspond to matters specified in the Instrument
of Accession governing the accession of the State to the Dominion
of India as the matters with respect to which the Dominion
Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the
Government of the State, the President may by order specify.

20. ARTICLE 370
c) the provisions of article 1 and of this article shall apply in relation
to that State;
(d) such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as
the President may by order specify:
Provided that no such order which relates to the matters specified in the
Instrument of Accession of the State referred to in paragraph (i) of
sub-clause (b) shall be issued except in consultation with the
Government of the State.
Provided further that no such order which relates to matters other than
those referred to in the last preceding proviso shall be issued except
with the concurrence of that Government.

21. Article 370
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso
to sub-clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State is
convened, it shall be placed before such Assembly for such decision
as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article,
the President may, by public notification, declare that this article
shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the President
issues such a notification.

22. THE SUBSEQUENT ORDERS
Delhi Agreement in 1950 regarding Union’s
jurisdiction over the state and the decision on the
constituent assembly of J&K.
The Constitution(Application to Jammu &
Kashmir), Order, 1954, came to force on 14 May,
1954
Separate constitution for J&K came to force on
January 26, 1957.
Article 1 of the Constitution of Jammu and Kashmir
states that the State of Jammu and Kashmir is and
shall be an integral part of the Union of India.

23. IMPLICATIONS OF ARTICLE
370
Separate Constitution
J&K is the only state in India which has a
Constitution of its own. The Constitution
of J&K was enacted by a separate
Constituent Assembly set up by the State
and it came into force on 26 January 1957.
Jammu and Kashmir
State Symbol

24. IMPLICATIONS OF ARTICLE
370
Emergency Provisions
1) The Union of India has no power to declare Financial
Emergency under Article 360 in the state. The Union can
declare emergency in the state only in case of War or External
Aggression.
2) No proclamation of emergency made on the grounds of
internal disturbance or imminent danger thereof shall have
effect in relation to the state unless (a) it is made at the request
or with the concurrence of the government of the state; or (b)
where it has not been so made, it is applied subsequently by
the President to that state at the request or with the
concurrence of the government of that state.

25. IMPLICATIONS OF ARTICLE
370
Fundamental Duties, Directive Principles &
Fundamental Rights
1) Part IV (Directive Principles of the State Policy) and Part
IVA (Fundamental Duties) of the Constitution are not
applicable to J&K.
2) In addition to other fundamental rights, Articles 19(1)(f)
and 31(2) of the Constitution are still applicable to J&K; hence
the Fundamental Right to property is still guaranteed in this
state.
3)In the Indian Constitutional history only one Fundamental
Right has been added so far and that is Right to Education. this
right too is not extending to J&K.

26. IMPLICATIONS OF ARTICLE
370
High Court of J&K
The High Court of J&K has limited powers as compared
to other High Courts within India. It can’t declare any
law unconstitutional. Unlike High Courts in other
states, under Article 226 of the Constitution, it can’t
issue writs except for enforcement of Fundamental
Rights.

27. IMPLICATIONS OF ARTICLE
370
Miscellaneous
1. Certain special rights have been granted to the
permanent residents of J&K
2. The 5th Schedule pertaining to the administration and
control of Schedule Areas and Scheduled Tribes and
the 6th Schedule pertaining to administration of tribal
areas are not applicable to the state of J&K.

28. IMPLICATIONS OF ARTICLE
370
Procedure for Amendment of State
Constitution
1) The Provisions of the State Constitution (except those
relating to the relationship of the state with the Union) may be
amended by an Act of the Legislative Assembly of the state
passed by not less than two-thirds of its membership.
2) No amendment of the Constitution of India shall extend to
J&K unless so extended by an order of the President under
Article 370(1).

29. IMPLICATIONS OF ARTICLE
370
Under Article 370 the Indian Parliament
cannot increase or reduce the borders
of the state.
Jammu & Kashmir is the most
autonomous state in India. It even has
its own State Flag, allowed by Nehru in
the Delhi Agreement of 1952.
State also has its own anthem called
Qaumi Tarana.

30. IMPLICATIONS OF ARTICLE
370
There is only one system of citizenship for the
people of the country but in case of Jammu and
Kashmir, it is dual citizenship, one of the state and
the other of India.
Kashmir are citizens of India but the citizens of the
rest of India cannot be citizens of Jammu and
Kashmir. They do not have the right to property and
the right to vote in Jammu and Kashmir.
If a girl belonging to Jammu and Kashmir marries a
boy from outside the State, who is not a State
subject, she loses all her rights in the State.

31. IMPLICATIONS OF ARTICLE
370
Wealth tax cannot be imposed in the State.
 The Urban Land Act, 1976, which is in
force in the entire country, is not
applicable to Jammu and Kashmir.
The Parliament has no power to legislate
Preventive Detention laws for the state;
only the state legislature has the power to
do so.

32. IMPLICATIONS OF ARTICLE
370
The Indian Supreme Court has no
jurisdiction in J&K.
Disrespecting the Indian flag and other
national symbols is not a crime in the state.
A Pakistani resident gains J&K citizenship if
he marries a J&K citizen.

33. IMPLICATIONS OF ARTICLE
370
RTE, RTI, CAG and majority of Indian
laws are not applicable in the state.
Because of Article 370, no outsider
(anyone who is not a native Kashmiri) can
purchase land in J&K.
It is the only state which does not have to
give a detailed record on the money
flowing in the state and where it is used
and how.

34. First day…First Controversy…
• Hours after BJP-led NDA government took
over the reins of the Union government in
New Delhi, junior minister in the Prime
Minister's Office, Jitendra Singh sparked a
controversy on the vexed issue of special
status (Article 370) to Jammu and Kashmir by
saying that it has done "more harm than good".

35. First Day…First Controversy
“Article 370 has done more harm than good. The
youth of Kashmir has to be convinced about this.
That's why the honourable PM has called for a
debate. Having a debate doesn't mean we have
deviated from what we promised. It just means
convincing those who are not convinced.”
-Jitendra Singh in the PMO on
May 27, 2014

36. Controversy around Article 370
 Cutting across party lines, ruling
National Conference and main
opposition People's Democratic
Party (PDP) slammed Singh for
making "irresponsible remarks".
 PDP president Mehbooba Mufti
urged Prime Minister Narendra
Modi and the BJP leadership to
rein in the newly appointed
minister before his utterances
caused serious damage.
 Omar Abdullah, CM of J & K
responded angrily in a series of
tweet

37. Controversy around Article 370
Though BJP didn’t reply to this, RSS
Spokesperson, the right wing of BJP,
promptly replied to Omar Abdullah.

38. Views of Various political parties
across India
• BJP stands for abrogation of
Article 370 though now a days
it has softened its stand due to
the coming assembly election
in the month of November
-December 2014.

39. Views of Various political parties
across India
• Congress – Opposes any further autonomy for
the state, but supports the existing system.
• National Conference – Stood for greater
autonomy of the state. Completely against
abrogation of Article 370.
• People Democratic Party – stood for greater
autonomy. Wanted return to pre-1953 position
but today it is in the middle way since it is in
alliance with BJP.

40. Views of Various political parties
across India
• "The decisions on issues like Article 370 should not
be taken in haste," SAD leader and Punjab Chief
Minister Parkash Singh Badal said.
• JD(U) leader and Bihar Chief Minister Jitan Ram
Manjhi criticised the Modi government for raking up
the issue of scrapping of Article 370 saying it would
have an adverse impact on the country.
• Mayawati too alleged that controversy on Article 370
was generated only to create polarisation among
people on the lines of community and religion.

41. In Nutshell

43. DILUTION
OF ARTICLE 370

44. ARTICLE 370 - DILUTED
In its original form, Article 370 specified that
except for defence, foreign affairs, finance and
communications, the Indian Parliament needs
the state government’s concurrence for
applying all other laws.
But now all the provisions that gave J&K its
autonomous status have been withdrawn

45. ARTICLE 370 - DILUTED
♦ J&K, which has its own Constitution, is
debarred from making any amendments to it
♦ The J&K Constitution provided for a Sadar-i-
Riyasat (head of state), elected by the
members of the state legislature and a prime
minister. Now replaced by the governor and
chief minister
♦ J&K had a national flag, the word ‘national’
has now been deleted, reducing it to a
government flag

46. ARTICLE 370 - DILUTED
♦ Under the original Article 370, the people
of J&K were not citizens of India; now
they are, Indian citizens needed a permit
to visit J&K and goods from India had to
pass through a Customs barrier. The
restrictions no longer exist.

48. Demand for Abrogation
of Article 370
Equally valid arguments are forwarded by those in
favour of and those against its abrogation.
Argument in favour of Abrogation
1. It has created certain psychological barriers.
2. It is the root cause of all the problems in J&K.
3. It is this Article 370 which encourages secessionist
activities within J&K and other parts of the country.
4. At the time of enactment, it was a temporary
arrangement which was supposed to erode gradually.
5. It acts as a constant reminder to the Muslims of J&K that
they have still to merge with the country.

49. Demand for Abrogation
of Article 370
It has been widely reported that “because of Article 370,
Jammu and Kashmir does not have industries and
progressive measures like Mandal report on backward
classes cannot be implemented”.
Before, there has been demand by BJP and RSS for
abrogation of Article 370.
 Congress leader Karan Singh, son of Maharaja
Hari Singh, has also opined that an integral review of
Article 370 is overdue and needs cooperation not
confrontation.

50. No Abrogation
Those against its abrogation forward the following
arguments.
1. Abrogation will have serious consequences.
2. It will encourage secessionists to demand plebiscite which will
lead to internationalization of the issue of J&K.
3. The contention of Article giving rise to secessionist activities is
baseless as states like Assam and Punjab, which don’t have
any special status have experienced such problems.
4. It would not only constitute a violation of the solemn
undertaking given by India through the instrument of
accession, but would also give unnecessary misgivings in the
minds of the people of J&K, making the issue more sensitive.

51. THANK
YOU