Article 370 of the Indian Constitution

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ELEMENTS OF LAW PROJECT ARTICLE 370 OF INDIAN CONSTITUTION Article 370 of Indian Constitution Article 370 which lie under the Part XXI of Indian Constitution showcases about the special rights and status given to Jammu & Kashmir State, stating it will enjoy different set of laws then the other states. This article looks after the Temporary and Transitional changes along with the special provisions for the benefits of state. It came into act in 1950, and the required changes are made by the president when necessary.

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Indian parliament can make changes in laws only related to defense, foreign affairs, finance and communication without permissions of state government. At the time of implementation it was set to be temporary, with a view of withdrawing at a right time, without that right time till now. Provisions of article 238 may not be applicable in Jammu & Kashmir. The matters mentioned in the Concurrent List as along with Union List are announced by the President with decision with the State about the issues related to the State. The President by passing a notice can make amendments in the application of the Article in the state. These are few important provisions mentioned in Article 370

  • Jammu and Kashmir government would have 6 year term.
  • They have two different flags for state and nation.
  • People of Jammu & Kashmir enjoys dual citizenship, i.e. of the state as well as the country, except a woman marries a person resident of other state, while it remains intact when she marries a Pakistani male.
  • Indian Parliament cannot increase of decrease the border of state.
  • Supreme Court jurisdiction does not apply in Jammu & Kashmir.
  • Parliament cannot declare any financial emergency in the state except in situation of war or any external sufferings.
  • No one residing outside the state can purchase the land.
  • The citizens of the state falls in Constitute of Jammu & Kashmir rather than the Constitution of India
  • Insulting the nation’s symbols like Flag or national anthem is not considered to be the crime in the state.
  • CBI is not allowed to work in the state.

History of Article 370 On February 20, 1947 Britishers declared of giving freedom to India by dividing the 562 princely states in majority of Hindus and Muslims. With 14 states under Pakistan while rest 548 joining India. To unite these states ‘Instrument of Accession’ was passed, where only the defense, external force and communication will be under the central government. So the result was by the day of independence all the states accepted the proposal except Hyderabad, Junagarh and Jammu & Kashmir. Talking of Jammu &

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