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10 MAY, 2017 (MAINS)



Q1. To what extent is the Article 370, bearing the note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? What are future prospects of this provision in the context of the Indian polity? Discuss. (200 words)


Please write the answer in comments section

  • Kamlesh Twari

    • Temporary Provisions Of Article 370
    In October 2015, the High Court of Jammu and Kashmir has ruled that the Article 370 has taken on the features of a “permanent provision” despite being titled a temporary provision in the Constitution because the Constituent Assembly of Jammu and Kashmir which was conferred the power to abrogate did not make such recommendation before its dissolution in 1957.
    • Days after the J&K High Court observed that Article 370 is a “permanent” provision of the Constitution, the Supreme Court Friday said that only Parliament can take a call on altercate Article 370 that conformity autonomous status to Jammu and Kashmir.
    • Supporters for repeal of the article, at the time of act, it was a temporary arrangement which was supposed to wear away gradually.
    Future Prospects of this Provision in Indian Polity’s Context:
    • Allowed amendment by state legislature, finishing up double- citizenship status of the commoners of J&K. Allowing the people in other parts of India to buy property in Jammu and Kashmir.
    • Evolution of power, political and administrative, down to the district and panchayat levels so that state machinery can focus on welfare of people.
    Give voice to the demands made for full rehabilitation in the Valley.

  • Osho Korde

    • The Jammu and Kashmir High Court has ruled that Article 370, granting special status to the state, has assumed place of permanence in the constitution and the feature is beyond amendment, repeal or abrogation.
    • Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future.
    • It was about empowering people, making people feel that they belong, and about increasing the accountability of public institutions and services.

    • In my view continuation of the article denies the people of Jammu & Kashmir the benefits of economic, social and cultural development of India.
    • It also hampers the economic progress of the state.
    • The rich have consistently used the article to ensure that no central financial legislation that hurts their interests is introduced in the state to enable them to continue their financial plunder without the fear of law.
    • The weaker and vulnerable sections of the society have been made voiceless by article 370.
    • The continuation of article 370 will gradually erode the bonding between the state and rest of the country while continuing to deprive the vast majority from the fruits of economic boom enjoyed by their counterparts in other states of the Union.

  • Ashish

    Article 370 was enacted in 1952 in view of the Instrument of Accession signed between the Maharaja of Kashmir and the Government of India in 1948
    The law can be repealed or modified by the President through a notification but only on the basis of the recommendation of the Legislative Assembly of the state [Article 370(3)]
    As per this Act the laws enacted by the Parliament of India, except those dealing with subjects contained in the Instrument of Accession 1948, are applicable with such modifications as decided by the Legislative Assembly of Jammu and Kashmir
    Future prospects of this provision in Indian polity’s context :
    (1) Demand for autonomy from other states :
    Some states, particularly those which are facing disturbance, like north east states of Manipur, Nagaland are likely to ask for more autonomy and special status like J&K.
    (2) Difficulty in assimilating J&K in Indian FEDERAL structure :
    It will be difficult to impose the same law of federalism with strong centre and weaker state once the situation becomes normal in J&K.
    Perhaps it may not be politically wise to make arbitrary changes in the Act due to social and political ramifications
    It is hoped that with time there will be gradual changes in the political and Economic condition of the state paving the way for political unification with the rest of the state.