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Article 370: Here’s all you need to know about
Under this provision, Jammu and Kashmir was treated exclusive and the constitutional provisions that are applicable to other states were not applicable to Jammu and Kashmir.
By
migrator
migrator
Chennai
With the revoke of Article 370 in Jammu and Kashmir, here’s all you need to know about the Article that came to force in 1957 and the changes that the region will face after adhering to it for almost 61 years.
What is Article 370?
- Article 370 of the Indian constitution was a ‘temporary provision’ drafted under Part XXI of the Constitution (under Temporary and Transitional Provisions) that granted special ‘autonomous state power’ to the region of Jammu and Kashmir.
- Under this provision, Jammu and Kashmir was treated exclusive and the constitutional provisions that are applicable to other states were not applicable to Jammu and Kashmir.
- The Indian government didn’t possess the privilege to increase or decrease the territorial borders of Jammu and Kashmir.
Benefits enjoyed by Jammu and Kashmir under Article 370
- The State government of Jammu and Kashmir had utmost autonomy, freedom and decision making rights in all areas except Defence, Foreign Affairs, Finance and Communication. The Parliament needed the consent of Jammu and Kashmir state government to pass any laws. The Jammu and Kashmir state government had its own constitution and flag.
- Article 360 (Financial emergency) was not applicable.
- Right to Education was not applicable.
- Citizens of Jammu and Kashmir possessed dual citizenship and did not enjoy all individual and collective rights that came under provisions of Indian Constitution.
- Indian residents were not allowed to buy or sell properties in Jammu and Kashmir.
New changes after the revoke of Article 370
- Jammu and Kashmir loses its exclusive autonomy and statehood to become a Union Territory (with legislature) along with Ladakh (without legislature). Jammu and Kashmir and Ladakh will now have two separate Lieutenant Governors.
- The Central government holds sole responsibility for Jammu and Kashmir and can declare financial emergencies under Article 360.
- People from any part of India can now buy and sell properties inside Jammu and Kashmir.
- Right to Education and Right to Information will now be applicable.
- Provisions and fundamental rights under Indian Constitution are applicable to the citizens of Jammu and Kashmir. Female residents in J&K will now enjoy equal property rights even after marriage to a 'non-resident'.
- Jammu and Kashmir from now on, will comply with decisions and laws approved by the Central government. It will be represented by Indian flag and Indian National Anthem.
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