Article 370
Article 370 of the Indian Constitution is an article that gives autonomy status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend articles of the Indian Constitution which should be implemented in the state or repeal Article 370 altogether. Later the Jammu and Kashmir Constituent Assembly formulated the constitution of the state and dissolved itself without recommending the repeal of Article 370, the article is considered a permanent feature of the Indian Constitution.
The sequence
1 special right
1.1 List of special rights
2 Some special things in relation to Section 360
3 References
4 See also
5 external links
Special right
As per the provisions of Section 370, Parliament has the right to make laws regarding defense, foreign affairs, and communication about Jammu and Kashmir but the Center needs the approval of the state government to implement the law related to any other subject.
Due to this particular status, Article 356 of the Constitution on the State of Jammu and Kashmir does not apply.
For this reason, the President does not have the authority to dismiss the constitution of the state.
The Urban Land Law of 1976 does not apply to Jammu and Kashmir.
Under this, an Indian citizen has the right to buy land anywhere in India, apart from the states having special rights. That is, people of other states of India cannot buy land in Jammu and Kashmir.
Article 360 of the Constitution of India under which there is a provision for imposing financial emergency in the country also does not apply to Jammu and Kashmir.
The merger of Jammu and Kashmir into India was a much greater necessity and to carry out this work some special rights were given to the people of Kashmir at that time under Section 370. These special rights are being given in the lower section.
List of special rights
The citizens of Jammu and Kashmir have dual citizenship.
The national flag of Jammu and Kashmir is different.
The tenure of the Legislative Assembly of Jammu and Kashmir is 6 years while the legislatures of other states of India have a term of 5 years.
Insulting the national flag or national symbols of India is not a crime within Jammu and Kashmir.
The orders of the Supreme Court of India are not valid within Jammu and Kashmir.
Parliament of India can legislate with respect to Jammu and Kashmir in a very limited area.
If a woman from Jammu and Kashmir marries a person from any other state of India, the woman's citizenship will end. On the contrary, if he marries a person from Pakistan, he too will get citizenship of Jammu and Kashmir.
Due to Section 370, laws like RTI and CAG are not applicable in Kashmir.
Sharia law is applicable to women in Kashmir.
The Panchayat is not entitled to Kashmir.
The peon gets Rs 2500 in Kashmir.
Minorities [Hindu-Sikh] in Kashmir do not get 16% reservation.
Because of Section 370, people living outside Kashmir can not buy the land.
Due to Article 370, Pakistanis living in Kashmir also get Indian citizenship.
Some special things in relation to Article 370
1) Article 370 is part of the Constitution of India.
2) This section is included in the 21st part of the constitution which is titled 'Temporary, Transitional and Special Provisions'.
3) The words of the title of section 370 are - "Temporary provisions with respect to the State of Jammu and Kashmir" in relation to Jammu and Kashmir.
4) The provisions under Article 370 have been changed from time to time, from the time of the beginning of 1954. The significance of 1956 is that in 1953, the Wazir-e-Azam Sheikh Muhammad Abdullah of Kashmir of that time, who was an intimate friend of Jawaharlal Nehru, was arrested and imprisoned. All these amendments have been passed by the Legislative Assembly of Jammu and Kashmir.
The revised provisions are as follows:
(A) In 1956, the laws and rules of octroi, central abkari, civil aviation, and postal departments were implemented in Jammu and Kashmir.
(B) Since 1956, appointments of IAS and IPS officers of the Central Service started in this state. Along with this, the rights of CAG also came into force on this state.
(E) In 1959 the law of Indian census came into force in Jammu and Kashmir.
(E) In 1980, the Supreme Court began accepting appeals against the decisions of the Jammu and Kashmir High Court, it was authorized.
(E) In 1979, Articles 356 and 356 of the Constitution were implemented on this state. According to these paragraphs, the authority to impose the rule of the President was obtained when the constitutional system was disturbed in Jammu and Kashmir.
(O) Since 1985, the Central Laws relating to labor welfare, labor organization, social security, and social insurance came into force on the state.
(A) In 1979, the right to send his representative elected by direct vote in the Lok Sabha was given.
(A) In the year 1966, the Assembly of Jammu and Kashmir, making necessary corrections in its constitution- instead of the 'Prime Minister' in place of 'Chief Minister' and 'Sadar-e-Riyasat', the terms 'Governor' Approved to use. The election of 'Sadar-e-Riyasat' was done by the assembly, now the Governor was appointed by the President.
(O) In the High Court of Jammu and Kashmir in 1919, the election related matters
The sequence
1 special right
1.1 List of special rights
2 Some special things in relation to Section 360
3 References
4 See also
5 external links
Special right
As per the provisions of Section 370, Parliament has the right to make laws regarding defense, foreign affairs, and communication about Jammu and Kashmir but the Center needs the approval of the state government to implement the law related to any other subject.
Due to this particular status, Article 356 of the Constitution on the State of Jammu and Kashmir does not apply.
For this reason, the President does not have the authority to dismiss the constitution of the state.
The Urban Land Law of 1976 does not apply to Jammu and Kashmir.
Under this, an Indian citizen has the right to buy land anywhere in India, apart from the states having special rights. That is, people of other states of India cannot buy land in Jammu and Kashmir.
Article 360 of the Constitution of India under which there is a provision for imposing financial emergency in the country also does not apply to Jammu and Kashmir.
The merger of Jammu and Kashmir into India was a much greater necessity and to carry out this work some special rights were given to the people of Kashmir at that time under Section 370. These special rights are being given in the lower section.
List of special rights
The citizens of Jammu and Kashmir have dual citizenship.
The national flag of Jammu and Kashmir is different.
The tenure of the Legislative Assembly of Jammu and Kashmir is 6 years while the legislatures of other states of India have a term of 5 years.
Insulting the national flag or national symbols of India is not a crime within Jammu and Kashmir.
The orders of the Supreme Court of India are not valid within Jammu and Kashmir.
Parliament of India can legislate with respect to Jammu and Kashmir in a very limited area.
If a woman from Jammu and Kashmir marries a person from any other state of India, the woman's citizenship will end. On the contrary, if he marries a person from Pakistan, he too will get citizenship of Jammu and Kashmir.
Due to Section 370, laws like RTI and CAG are not applicable in Kashmir.
Sharia law is applicable to women in Kashmir.
The Panchayat is not entitled to Kashmir.
The peon gets Rs 2500 in Kashmir.
Minorities [Hindu-Sikh] in Kashmir do not get 16% reservation.
Because of Section 370, people living outside Kashmir can not buy the land.
Due to Article 370, Pakistanis living in Kashmir also get Indian citizenship.
Some special things in relation to Article 370
1) Article 370 is part of the Constitution of India.
2) This section is included in the 21st part of the constitution which is titled 'Temporary, Transitional and Special Provisions'.
3) The words of the title of section 370 are - "Temporary provisions with respect to the State of Jammu and Kashmir" in relation to Jammu and Kashmir.
4) The provisions under Article 370 have been changed from time to time, from the time of the beginning of 1954. The significance of 1956 is that in 1953, the Wazir-e-Azam Sheikh Muhammad Abdullah of Kashmir of that time, who was an intimate friend of Jawaharlal Nehru, was arrested and imprisoned. All these amendments have been passed by the Legislative Assembly of Jammu and Kashmir.
The revised provisions are as follows:
(A) In 1956, the laws and rules of octroi, central abkari, civil aviation, and postal departments were implemented in Jammu and Kashmir.
(B) Since 1956, appointments of IAS and IPS officers of the Central Service started in this state. Along with this, the rights of CAG also came into force on this state.
(E) In 1959 the law of Indian census came into force in Jammu and Kashmir.
(E) In 1980, the Supreme Court began accepting appeals against the decisions of the Jammu and Kashmir High Court, it was authorized.
(E) In 1979, Articles 356 and 356 of the Constitution were implemented on this state. According to these paragraphs, the authority to impose the rule of the President was obtained when the constitutional system was disturbed in Jammu and Kashmir.
(O) Since 1985, the Central Laws relating to labor welfare, labor organization, social security, and social insurance came into force on the state.
(A) In 1979, the right to send his representative elected by direct vote in the Lok Sabha was given.
(A) In the year 1966, the Assembly of Jammu and Kashmir, making necessary corrections in its constitution- instead of the 'Prime Minister' in place of 'Chief Minister' and 'Sadar-e-Riyasat', the terms 'Governor' Approved to use. The election of 'Sadar-e-Riyasat' was done by the assembly, now the Governor was appointed by the President.
(O) In the High Court of Jammu and Kashmir in 1919, the election related matters
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