article 370 was introduced to abide by the terms of J&K's accession. The accession of J&K was conditional.
India desperately wanted to prove 2-nation theory wrong and wanted a muslim majority region under its fold, also the strategic significance of Kashmir and willingness of Kashmiri leaders to have separate state for themselves (under protection of India) were the main reasons why India went ahead for accession of J&K.
When Instrument of Accession was signed, constitution of India was not ready. As per clause 7 of the Instrument of Accession, J&K was not committed to accept the future Constitution of India.
In 1949 november when all the princely state heads and provincial heads of Indian dominion were supposed to issue proclaimations making Constitution of India operative in their respective states and provinces, J&K refused such proclaimation refering to the clause 7 of Instrument of Accession. This is because the draft form of constitution refused separate constitutions for the states and J&K always wanted their own separate constitution.
There was a legal imbroglio in this situation, the accession issue was already with united nations and in such situations India has to abide by its promise. This lead to Article 306-A of the draft Constitution of India (which became article 370 in the actaul constitution).
Considering the overall situation prevalent, Article 370 was a major step forward at that time. The Article at least paved the way for the Republic of India to make several laws and provisions of the Constitution of India applicable to Jammu & Kashmir State beyond the strait jacket of the Instrument of Accession. Besides, Article 370 was conceived as a temporary arrangement, with hopes of a full integration in time to come.
Sunday, August 24, 2008
Article 370
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10 comments:
thank you very much ..for such valuable information...
kavi deependra
This information cannot be considered as full information. Please give the actual reason
This section was initially implemented for a short period, which was to be removed from J&K and the state should be like others. But unfortunately our politicians make it continue till date
article 370 is clearly a flase play b/w nehru and sheik abdulla. over 600 small countries were individual and sadad vallabhai patelji was give nthe difficult task to bring them under indian union which he succeded. kashmir which nehru took the job to bring under the union was made mess.
Dear Readers,
Sad, but true - what so ever conditions were framed by our leaders, particulars the Nehru Family, with regards to J&K State had always been proved to be a "NASOOR" not the people of J&K but India as a whole. Still there is time to rectify the omissions/mistakes done in the past. Soni
i am agree with Mr. Rajive and Mr. Om Prakash Soni . i am not getting ,Why this article is exist after a long time of independence ? To exploit Indians n to fulfill the HAVAS of our politicians to rule it as they want... i'm not expert in writing in English. But these are my views in my way....
I understand in these yrs that nehru n gandhi families are not able to take out the special powers of J&K. Or can be said that they don't want to do so by there personal reasons as whole India knows abt them and abdullah family.
Its a bit difficult task but not imposible.
read this link and you get an idea how the things are.
http://en.wikipedia.org/wiki/Article_370
Thnx for info
بسم الله الرحمن الرحيم نحن فى شركة الكمال تقوم بافضل انواع التنظيف العام وتنظيف الفلل بافضل انواع العالميه التى تحافظ على السيراميك
شركة الكمال
شركة تنظيف بالطائف
شركة تنظيف بجازان
شركة تنظيف بحائل
ونحن فى خدماتكم اربعه وعشرون ساعه وكل هذا بافضل الاسعار واقل التكلفة
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