Article 370
Encyclopedia
Article 370 of the Indian constitution
grants special autonomous status to Jammu and Kashmir
.
Article 370 of the Constitution of India
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.
Explanation—For the purpose of this article, 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;
c.the provisions of article 1 and of this article shall apply in relation to this 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
i. 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:
ii. 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 the Government.
2. If the concurrence of the Government of the State referred to in paragraph
(ii) of sub-clause (b) of clause
(1) or in 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 the 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 notify:
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.
4. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substituted namely:
Explanation—For the purpose of this Article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office.
needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh
, Arunachal Pradesh
, Andaman & Nicobar Islands and Nagaland
however it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council and where the Government of India vide 1974 Indira-Sheikh accord
committed itself to keeping the relationship between the Union and Jammu and Kashmir State within the ambit of this article .
The 1974 Indira-Sheikh accord
mentions that " The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India " .
Indian citizens from other states and women from Jammu & Kashmir who marry men from other states can not purchase land or property
in Jammu & Kashmir.
Some argue that the President may, by public notification under article 370(3), declare that Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is needed as it does not exist any longer. Others say it can be amended by an amendment Act under Article 368 of the Constitution and the amendment extended under Article 370(1).
Art. 147 of the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature.
As per Art. 5 of the Constitution of Jammu and Kashmir the executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India as applicable in relation to this state.
states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Art. 5 states that the executive and legislative power of the State does not extend to matters those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. These provisions cannot be amended. The constitution was adopted and enacted on 17/11/1956.
Government of the State of Jammu and Kashmir made the The Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14/5/1954.
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
grants special autonomous status to Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
.
Text of Article 370
In view of its importance the text of the article 370 (Without amendments) is reproduced below:Article 370 of the Constitution of India
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.
Explanation—For the purpose of this article, 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;
c.the provisions of article 1 and of this article shall apply in relation to this 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
i. 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:
ii. 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 the Government.
2. If the concurrence of the Government of the State referred to in paragraph
(ii) of sub-clause (b) of clause
(1) or in 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 the 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 notify:
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.
4. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substituted namely:
Explanation—For the purpose of this Article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office.
Implications of Article 370
This article specifies that except for Defence, Foreign Affairs, Finance and Communications,(matters specified in the instrument of accession) the Indian ParliamentParliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh
Himachal Pradesh
Himachal Pradesh is a state in Northern India. It is spread over , and is bordered by the Indian states of Jammu and Kashmir on the north, Punjab on the west and south-west, Haryana and Uttar Pradesh on the south, Uttarakhand on the south-east and by the Tibet Autonomous Region on the east...
, Arunachal Pradesh
Arunachal Pradesh
Arunachal Pradesh is a state of India, located in the far northeast. It borders the states of Assam and Nagaland to the south, and shares international borders with Burma in the east, Bhutan in the west, and the People's Republic of China in the north. The majority of the territory is claimed by...
, Andaman & Nicobar Islands and Nagaland
Nagaland
Nagaland is a state in the far north-eastern part of India. It borders the state of Assam to the west, Arunachal Pradesh and part of Assam to the north, Burma to the east and Manipur to the south. The state capital is Kohima, and the largest city is Dimapur...
however it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council and where the Government of India vide 1974 Indira-Sheikh accord
1974 Indira-Sheikh accord
1974 Indira–Sheikh accord was signed by on behalf of Sheikh Abdullah and then Prime Minister of India Indira Gandhi whereby Sheikh became the chief minister of Jammu and Kashmir again after 11 years. The text of the agreement is reproduced below:...
committed itself to keeping the relationship between the Union and Jammu and Kashmir State within the ambit of this article .
The 1974 Indira-Sheikh accord
1974 Indira-Sheikh accord
1974 Indira–Sheikh accord was signed by on behalf of Sheikh Abdullah and then Prime Minister of India Indira Gandhi whereby Sheikh became the chief minister of Jammu and Kashmir again after 11 years. The text of the agreement is reproduced below:...
mentions that " The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India " .
Indian citizens from other states and women from Jammu & Kashmir who marry men from other states can not purchase land or property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
in Jammu & Kashmir.
Some argue that the President may, by public notification under article 370(3), declare that Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is needed as it does not exist any longer. Others say it can be amended by an amendment Act under Article 368 of the Constitution and the amendment extended under Article 370(1).
Art. 147 of the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature.
As per Art. 5 of the Constitution of Jammu and Kashmir the executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India as applicable in relation to this state.
Constitution of Jammu And Kashmir
Art. 1 of The Constitution of Jammu And KashmirConstitution of Jammu And Kashmir
Article 370 of the Indian constitution, which is of a temporary nature, grants special status to Jammu and Kashmir.Under Part XXI 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...
states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Art. 5 states that the executive and legislative power of the State does not extend to matters those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. These provisions cannot be amended. The constitution was adopted and enacted on 17/11/1956.
Applicability of the Constitution of India to J&K
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of theGovernment of the State of Jammu and Kashmir made the The Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14/5/1954.
See also
- Article 356
- PART XXI of Indian constitutionPART Twenty One of the Constitution of IndiaPart XXI consists of Articles on Temporary, Transitional and Special Provisions.Articles 369 - 378A on Temporary, Transitional and Special ProvisionsArticle 379 - 391 - Repealed - Replaced by the Constitution Act, 1956,- References :...
- Instrument of Accession (Jammu and Kashmir)Instrument of Accession (Jammu and Kashmir)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...