ARTICLE - 370

Posted by Unknown Wednesday, 29 May 2013 0 comments

WHY SPECIAL STATUS TO JAMMU KASHMIR ARTICLE - 370

when J&K became independent from british rule, its rular decided not to join India or Pakistan and thereby remain independent.
After 2 months Azad Kashmir forces supported by Pak Army attacked border areas (now some of it called PoK) of J&K. So due to lack of its own Army and Weapons the rular decided to join India but signed a full bag of documents with Union of India.

If all provisions of Union of India doesn't apply to a state then state is said to be has a special status.
these provision may be different for different states.
Article 370 gives J&K a special status while Article 371 has special provision for other 10 states which are Assam, Nagaland, Sikkim, Manipur, Mizoram, Goa, Andra, Arunachal, MH and Gujrat.

Union Government is not powered to make laws on any subjects and similarly state legislative can't make laws on any subject. hence Our Constitution provided three lists named as Union List, Concurrent List and State List.
Union list = union gov can make laws on listed subjects without concurrence (nod) of state govts.
State list = state gov can make laws on listed subjects without concurrence of union govts.
But there are some subjects on which Union govt can make laws but required nod from state. this list called concurrent list.

because J&K Ruler surrendered only four matters (defence, external affairs, communication and ancilliary) to domination of India. hence Parliament is limited to make laws in Union List and Concurrent List for only those matters which falls under above four.
all of this required either consultation or concurrence of state govt.
Also some other provisions as specified by president with consultation or concurrence with J&K can be applied.
this concludes that although J&K has freedoms from some provision of Indian Constitution but President can extend other articles to state.

Directive Principles of State Policy (DPSP) are not applied to J&K but applied to other states. DPSP = states are required to do some things for the welfare of community.
President can't declare financial emergency (salaries and allowances reduction etc.) in relation to J&K.
High Court of J&K can issue writs only for enforcement of Fundamental Rights.
Right to property is still guaranteed in J&K.
Permanent residents of J&K have some special fundamental rights.
Although Supreme Court, EC and CAG are applicable to J&K along with all other states.

but union cabinet rejected it saying that it would back the clock and old conditions will arise again which may harm to democracy. hence neither full nor event a part of this resolution can be accepted.