Brief History of Article 37- After India gained independence, on October 20, 1947, the Pakistan-backed ‘Azad Kashmir Army’, along with the Pakistani army, invaded Kashmir and captured a large part. This part is today called Pakistan Occupied Kashmir (POK).
In this situation, Maharaja Hari Singh, along with Jawaharlal Nehru, with the consent of the then Prime Minister of Kashmir, Sheikh Abdullah, announced the provisional merger of Jammu and Kashmir with India on 26 October 1947 and “Instruments of Accession”. of Jammu & Kashmir to India”.
After co-signing, the Government of India promised that the people of this state would make the internal constitution of the state through their own Constituent Assembly and until the Constituent Assembly of the state determines the system of governance and the limits of jurisdiction. Till date the Constitution of India can only provide for an interim arrangement regarding the State.
The President of the Constituent Assembly, Dr. Bhimrao Ambedkar was not in favor of giving special status to Kashmir. But at the behest of Pandit Nehru, Gopal Swami Iyengar presented the proposal of Article 370 in the Constituent Assembly * and it is in force from November 17, 1952.
With the removal of Article 370, the following changes will happen
- According to Article 370, the central government has to take approval from the state government to implement all other laws except defence, foreign affairs and communications, but any law will be implemented after the President’s approval as soon as article 370 is removed.
- Due to Article 370, Jammu and Kashmir has its own constitution and its administration is run according to this and not according to the Constitution of India. If Article 370 is removed, then the administration of Kashmir will also run according to the Constitution of India.
- Jammu & Kashmir has 2 flags. One Kashmir has its own national flag and the tricolor flag of India is also the national flag here.
- If Article 370 is removed, then the flag of Kashmir will end.
- Citizens of other states of the country cannot buy property of any kind in this state. That is, the fundamental right to property is still applicable in this state, but with the removal of Article 370, other Indian people will be allowed to buy land and other properties in Kashmir and will also get the right to live/settle.
- The people of Kashmir have got 2 types of citizenship; Which will end and everyone will be considered as a citizen of India only.
- Right now if a Kashmiri woman marries an Indian, her Kashmiri citizenship ends, but after the removal of Article 370, it will not happen because both will become citizens of India.
- If a Pakistani boy marries a Kashmiri girl, then he also gets Indian citizenship, but after the removal of Article 370, no Pakistani will be able to get recognition by marrying.
- Part 4 (Directive Principles of State Policy) and Part 4A (Fundamental Duties) of the Indian Constitution do not apply to this state. That is, as soon as Article 370 is removed, it will become mandatory for the people of Kashmir to follow the fundamental duties written in the Constitution of India and they will have to protect the identity of women, cows.
- In Jammu and Kashmir, insulting the national symbols of India (national anthem, national flag etc.) will come under the category of crime.
- Economic emergency (Article 360) can be imposed in Jammu and Kashmir.
- As soon as the National Emergency is imposed in the whole of India, it will be implemented in the whole of Kashmir as well. No special order of the President will be required.
- Laws like Right to Information and Right to Education will start being implemented in Kashmir as well.
- People from other states will also be able to get selected in the state government jobs.
Is it possible to remove 370
BJP leader Subramanian Swamy says that there is no need to make a law in Parliament to remove Article 370. The President can abolish this section by issuing a notification.
In April 2018, the Supreme Court had said about Article 370 that due to its existence for years, this section has now become a permanent provision, making it impossible to abolish it. However, now the Supreme Court is ready to hear the issue.
In the petition which will be heard by the Supreme Court, it has been argued that this section is a provision under Part 21 of the Constitution. It was written in its title to be a temporary provision. It is not permanent.
It is to be known that the Jammu and Kashmir High Court has also accepted Article 370 as permanent.
Keep in mind that many laws of the Indian Constitution have been implemented in Jammu and Kashmir and now under Article 356 of the Constitution, President’s rule can also be imposed in Kashmir after 6 months of Governor’s rule. Many constitutional bodies including CAG, Election Commission have equal rights in Jammu and Kashmir.
What are the constraints of removing Article 370?
National Conference leaders Omar Abdullah and Mehbooba Mufti believe that Article 370 has united Jammu and Kashmir and the rest of India. It is the only constitutional link between the two.
There is also a possibility that as soon as Article 370 is removed, the separatists will raise the issue of collection and try to internationalize the Jammu and Kashmir dispute, which will increase international pressure on the Indian government.
Actually, if there is political will power, then this issue can be resolved, but along with the present government, other governments also want to serve their political interests by hanging this issue.
The main reason for terror in Jammu and Kashmir is the selfish interests of some separatist leaders there. These separatist leaders instigate the poor boys of Jammu and Kashmir at the behest of Pakistan and force them to choose the path of terror, although these leaders teach their boys abroad.
Now the need of the hour is that the people of Kashmir should understand the selfish interests of these separatist leaders and by promoting the possibilities of tourism present in this region, make this state the Switzerland of India in the true sense.