Kashmir Turmoil: What is Article 370 that govt has proposed to revoke

Article 370: As fear and panic mounted in the state of Jammu and Kashmir, Union Home Minister Amit Shah on Monday moved the proposal to remove Article 370 in the Rajya Sabha amid much uproar.

Before the introduction of the bill, the Kashmir turmoil rocked the Rajya Sabha as Congress leader Ghulam Nabi Azad raised the current situation in Kashmir.

The Union government on Monday moved a resolution in the Rajya Sabha to revoke Article 370 amid uproarious protests from opposition benches. The resolution was moved by Union home minister Amit Shah in the backdrop of growing turmoil in Jammu and Kashmir.

Article 370 of the Constitution is a ‘temporary provision’ which promises to grant autonomous status to Jammu and Kashmir and limits Parliament’s powers to make laws for the state. Under Part XXI of the Constitution titled “Temporary, transitional and special provisions”, Article 370 is categorized as a “temporary provision with respect to the State of Jammu & Kashmir.”

Article 370

Jammu and Kashmir will also be “reorganised,” said the Home Minister as talk builds of the state being trifurcated into three distinct areas – Jammu, Kashmir and Ladakh.

The crucial Union Cabinet met at the official residence of Prime Minister in New Delhi on Monday morning. The meeting, chaired by Prime Minister Narendra Modi, was held at 7 Lok Kalyan Marg in New Delhi.

Since Article 370 (1) (d) of the Constitution was issued under Presidential Order, the President can make certain ‘exceptions and modifications’ to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.

Article 370: Things to know

  1. Article 370 is a ‘temporary provision’ granting Jammu and Kashmir special autonomous status. It allows the state to draft its own Constitution and restricts parliament’s legislative powers over the state.
  2. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganized, shall not apply to the state of Jammu and Kashmir.
  3. It also confers powers such as the need of “concurrence of the state government” if the central government plans to make amendments to the concurrent list of subjects.
  4. Under this Article, the center can only declare an emergency in the state in case of war or external aggression; this rules out doing so for internal disturbances unless made specifically at the request of the state government.
  5. Article 370 was eventually drafted by Gopalaswami Ayyangar.
  6. Ayyangar was a minister without portfolio in the first Union Cabinet of India. He was also a former Diwan to Maharajah Hari Singh of Jammu and Kashmir.
  7. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.
  8. The government, therefore, needs approval from the state government for all laws, except those relating to defense, foreign affairs, finance, and communications. Also under Article 370 the parliament cannot increase or reduce the state’s borders
  9. As a result, Jammu and Kashmir residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

46 Responses

  1. Shahid says:

    Thanks for sharing the article

  2. Jagan says:

    Excellent decision, Salute to the govt.

  3. Amarjeet says:

    Good design about artical 370 remove I’m proud of Modi gavrmant I support jai hind

  4. Prakalpa Sharma says:

    Tell me whether Art.36A was inserted in the constitution without Legislative process by Nehru?

  5. GJENDRA SINGH says:

    This is historical decision regarding integration of Bharat.The name of Shri Narendra Damoder Das Modi, Prime Minister and Shri Home Minister Shri Amit Shah will be written in golden letters in the contributions made by Indian Prime Ministers and Home Ministers in the Nation Building of this nation. The PM of the day and BJP has corrected the Mistake done by Mr Jawahar Lal Nehru and his successors during last 70 years.By amending Article 370 the terrorism will vanish and there will all round development of whole region.

  6. Nataraj Siddalingappa says:

    Finally we have political will to do something that should have been done long ago. A great day for India and Jammu and Kashmir.

  7. gopi.m says:

    Right decition and correct situation for kashmiris all future development.

  8. Krishnamohan says:

    I fully agree with the proposal. When the Indian currency is in circulation in J&K,then why not they be a part of the national stream.

  9. Komal Kumar says:

    Government of India has done an excellent job. Modi ji rightly said that “Modi hai to mumkin hai”.

  10. Dr Abhishek Kumar says:

    good site to check, read and get updated

  11. ram anshumali Singh says:

    370 Is curse for both India and Kashmir it has to immediately

  12. Buddhadev ghorai says:

    Supper job

  13. Bhasker Raj says:

    Article 370 was introduced at the time when partition of India and Pakistan were bifurcated.
    Pakistan claimed J&K as their territory.
    Pakistan is training terrorists that brings death to innocent people.
    The centre is unable to check this movement unless Article 370 is removed.
    The government move to remove Article 370 is to help J&K and stop the attacks.
    The Congress should realize the move by the government to repeal Article 370 and form three union territories Jammu, Kashmir and Ladak that will help people to live peacefully.

  14. BN Mahapatra says:

    A good step by the Government (BJP in Power), Lot of thanks to the Team Members as well my sublimeness to our National Flag. One India, One Nation ( Hindusthan). Let the people of Kashmir live peacefully.

  15. Rakesh says:

    We learned through the speech of Mr. Amit Shah that more than 100 laws which have been enacted in India but restrained by Kashmir government by misusing article 370. Those laws were for people and proper use by people would have strengthen and prosper them. Only a section of people and their families have been benefited and grown in their life. Normal Kashmiries are still fooled on the name of religion and article 370, that this will bring freedom to them. Pakistan has given them a falls hope and diverting youth on the ways of terrorism rather education.

  16. Y K Dubey says:

    Removal of spwcial status of J & K has been the demand of time since the people of the State were being exploited under the cover of the provisions of Article 370 & executive order under Article 35A.

  17. VGJAYAGOPU says:

    We are Indians,we live for India. Ask Congress party to read 370 to 370 times to make under stand 370. It is clearly mentioned ‘temporarily’. Thanks Mr.Iyyangar you are the pure indian.

  18. Govindasamy Manickam says:

    Article 370 has given much nuisance and damaged a lot. Actually it is a much delayed move. Peoples of the native will realise shortly that how they were deprived from growth and peace for such a long period.

  19. Amit says:

    Airticle 370 is darconian law which gives power to terrorirst and rip of right ful owner of the land . If women marry outside of JK , they loose right to JK land . Which unethical , inhuman and immoral judgement to basic law . Second if rohingya can settle in JK then why not ordinary indian men buy land in JK . Why cant they marry a kashmiri girl ?? JK people have freedom to travel to other state , earn , stay , enjoy and buy land then why not we !!

  20. This is amazing move by the Union Gove to trifurcate the present state of JnK into three distinct areas – Jammu, Kashmir and Ladakh. This would eventually bring peace and development in the area.

  21. prasad palyam says:

    At the glance of the texted matter it appears that the matter is incomplete especially some ambiguity in almost all points(clauses). they look like directives given by a dictator rather than substantiation. By this itself it says that they dictating partners than apt of Indian constitution.

  22. ramani says:

    I am shocked to know that we were living under a preposterous law in a secular Democratic country. This should have been removed long time ago..Thanks to present government and people .Sure INDIA would have been auper power long time before.. even Now it is not too late . Present government and the cabinet crew will achieve.I am able to see a much better INDIA for our future generations.
    Jai Sairam.

  23. PInto says:

    Why does it need special status even after 70 years ? How did it help the people over there ? I am sure then if it is not dissolved in Bharat, then Pakistan will keep claiming it by portraying itself as well-wisher of the Kashmiri people while the reality is that it is not a well-wisher of even its own people who are facing extreme financial crisis in their own country.

  24. DIPAK CHAUDHURI says:

    Whatever set and done ,imposition of 370, was utmost necessity and supported by almost everybody and showed courage by Home Minister after 70 years of rule by Congress

  25. Thankfulness to my father who told me concerning this blog, this weblog is truly awesome.

  26. Desh bhakt says:

    This abrogation should have been done long back by which we could have saved lives of soldiers and Kashmiris.Any way at least now it should be handled with iron first in the interest of brothers & sisters of Kashmir & benefit of Hindustan at large.Wish to add ,the POK part of Kashmir needs to be taken back as the blunder was created by Nehru for his personal interest betraying our motherland.He has also betrayed by giving away Himalayan border to China.All these horrendous mistakes done by Nehru should be corrected one by one. Jai Hind.

  27. S.Raman says:

    I fully agree

  28. Dipak Kumar Adhyapak says:

    It is appropriate to remove Article 370 in consictuation to present situation of J& K.Dual constitution in one Country create enormous problem s in administration. Thanks for taking such action.

  29. Sudesh Seth says:

    Government has taken the right step to finish 370 in J&K and I think muslims should gladly accept this as it is in their benefit as well. They must realise they are part of the nation and they must live enjoying same amenities other citizens are enjoying and only then they can live happily. It was mistake of the then government who gave them this status. Instead of living like kashmiris they wii also live s indians enjoying more rights.

  30. m choudhury says:

    what i feel with out going through the provision of article 370 , it was an agreement between jawahar lal nehru and his step brother sheikh abdulla
    that is why congress under decendents of nehru against removing article 370, many opposition specially congress leader want to go to meet peope there to incite them against govt , congress want to make communal tension

  31. SUBIR BOSE says:

    Article 370 was a temporary arrangement at the time INDIA was facing the turmoil of partition. It is unfathomable as to why earlier governments remained silent on the subject. Was it for personal/ family related reasons involving both sides of the border or reluctant to curtailing the merrymaking of concerened PMs ? As a result innocent poor habitants on both sides of the line had to pay heavy price. A sizeable share of our revenue has been spent for J & K’s three families to grow richer over the years .Thank GOD we and our generations to come have been relieved off the burden.

  32. freedom of damage was done to J&K,L SINE 70 YEARS ,IT IS CORRECTED BY CONSTITIONAL MEANS .THE DEMOCRACY HAS BEEN UP HELD BY INDIAN PARLIAMENT.MY FULL SUPPORT FOR THE HISTORIC EVENT AND CONGRATE THE THE PARLIAMENT FURTHER I WOULD LIKE TO ADD THE DISEASE OF MINIORITY POPULATION TO BE DISCUSSED IN PARLIAMENT MINIORITY POPULATION MEANS IT MAY BE ONE PERCENT OR FIVE PERCENT OF THE POPULATION WHEN THE POPULATION OF SUCH GROUO INCREASES THE TAG TO BE REMOVED.

  33. Rajan says:

    1. There was no request from state for removing article 370.
    2. There was no aggration from Pak by declaring war.
    3. Why to do it like capturing a kingdom as primitive uncivilized way in a Democratic country.
    4. Setting bad example to third world countries to not bother of basic human rights in Democratic world

  34. Harsh says:

    Cunning, opportunist, fake Nehru created it more like a country within a Country with more Freedom & separate flag, Constitution etc to help his brother Sheikh Abdullah to rule separately without remorse on Nehru getting PM’s position. To appease Jinnah & Abdullah, the burden to feed J& K in every field was cleverly put on India but without any right to intervene…how silly. Pakistan enjoyed more rights in J&K than India. The Indian citizenship of Mehboobas son in law who are Pakis should be cancelled forthwith. It’s a most awaited welcome move by Modi Govt for which d whole Nation expresses its gratitude. Please ensure that every Indian is now able to exercise his rights in J&K as being done in other UTs and States of India.

  35. Syed-Mohsin NAQUVI says:

    Article 370 was introduced in the Constitution due to the special geographical, political and demographic details of the region. At the 1947 Partition the provinces of Bengal and Punjab were divided between India and Pakistan, Sind and the NWFP were given to Pakistan. Since J&K was majority Muslim population but the Raja was a Hindu, it was decided to leave the decision either to give J&K to Pakistan or to India or to leave it as an independent state was left for a Plebiscite at the local level, in that, teh people of J&K were given the right to choose one way or the other. The UN was in the middle of it. The plebiscite was never done and it was left in a limbo. WHY?
    Pakistan and India both distrusted each other and tried to take the area by force of arms. Pakistan’s distrust was understandable in view of what was done to HYderbad , DEccan, and JUNAGADH. India’s greed and selfish motives weer on top. THus the area waws divided and a defacto line-of-control was created.

    UN was supposed to hold all nations to ward off any wars, but in effect, it became an instrument for teh powerful countries to bullly and loot smaller countries. Pakistan is a much smaller country as compared to India, it has a smaller army but both are nuclear powers. Pakistan insists that an election must be held under UN supervision to decide teh matter. India, now sunk ints arrogant and oppressive HINDUTVA stupidity has ovwr-ridden its secular and pluralistic constitution and wants to eat up J&K by force of arms. So they have decided to renege on the whole premise and have decided to write off 370.

    THere is little hope that teh justice will ever be done for the people of J&K. INdia’s violent Hnidu political mood is to raise teh ground and put teh people fo J&K as second class (no, third class citizens). Thye will be oppressed, tortured, raped and reduced to an outcast stats. Their human rights are being violated and it will go an extreme.

  36. Artical 370 was like a WILL (WASIAT) of property and liquidity, for 2 or 3 families only,
    And may be those 2 or 3 families use to returned back liquidity under table to that family who never wanted to SCRAP THE ARTICAL 370
    So, development was almost nil in remote areas of Jammu and Kashmir, which caused the terrorist activities in J&K.

  37. D.K. Sharma says:

    Article 370 in fact seperates J &K from India if looked upon status of other states of country.Therefore it>s abrogation is necessary as it will conducive to install law & order in the region.

  38. D.K. Sharma says:

    In fact article 370 seperates J&K from Indian union when looking to status of other states of country.Due to this unwanted law & order problems emerged in valley.Abrogation of this will lead to all round development of people & devoid of insurgency.

  39. Sanjay Dhar says:

    You are getting delayed to come down. The lift is not working. The staircase is locked? But you must get down. Modi and Amit Shah has a solution. JUMP. Doesn’t matter if the dead body reaches the ground floor. This is the brain of the present set of MSJP [not BJP] rulers in Delhi now.

    Artile 370 needed to go. No doubt. But with due process. So that the going away of Article 370 becomes permanent. Demonetization, then flawed GST, then wrong NRC, and then idiotic process of abrogating Artile 370. This dispensation is putting in huge blunders to be solved by the next generation.

  40. Ramesh Rajta says:

    It’s a very good step

  41. To
    my Mahadev,
    I am happy about J&K’s present situation.
    When the Droupadies matters will be end?
    I will say Jay Duryodhan. Because one Kali presently named you.
    Name wise all are not good. Maximum Bhadraloke are bad but all Chotolokes are good.
    In all Govt. dept. (also in Private co.) 80% stuff are like Krishna’s handicaped friend. 1st somewhere you are checking, it is recorded.
    For general’s pension you think, no need for them.
    Which S.C. family, 2 generation got help, now cancel those.
    I am 1, Hope balance 98 brothers will help you.
    All kalidases are writing in favour of Kalies & Droupadies.
    All roads are having unsuitable photographs.
    In all area want you but on fear, nobody discuss in favor of BJP.
    Once I answered on phone(before Election) your team that I want you for 10 generation.
    At my location I will come again as ParashuRam.
    Now no more, Thank you.

  42. Dr Shobha Savanur says:

    Long pending solution for Kashmir problem, really un imaginable and almost impossible solution which only our prime minister and Amit shaji can do. Really best solution is found for Kashmir issues.

  43. SHIBSANKAR GUHA says:

    Request to my Mahadev,
    Please check whole in Bharatbarsha for Last 5 yrs. which persons have got 1st praises of Govt. Lottery, You will get more Droupadies.
    When Droupadies are not a

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