CONTROVERSIAL
ARTICLE 370
Article 370 of Indian constitution is temporary provision which grants the special autonomous status to Jammu & Kashmir. Under part 21 of the Indian constitution which deals with temporary transitional and special provisions. The state of J & K has been accorded special status under Article 370.
The provision was drafted in 1947 by Sheikh Abdullah who had been appointed as a Prime minister of J & K by Maharaja Harisinh and Jawaharlal Neharu. Sheikh Abdullah argued that Article 370 should not be placed under temporary provision of constitution. He wanted ‘Iron clad autonomy’ for the state.
According to this article, except defense, foreign affairs, Financial , and Communication parliament of J & K needs to concurrence to applying other lows. Thus the state’s residents live under a separate set of lows including those related to citizenship, ownership of property and fundamental rights as compared to other Indians. It means that other Indians cannot purchase land or property in J & K.
Indian government has no power to declare financial emergency under article 360 in the state. It cannot declare emergency in that state only in case of war or external aggression.
As we know that India became independent from Britishers in 1947. There were more than 500 self-governing princely states available which was administrated by separate emperor. Sardar Patel took charge of task to forge a United-India from British Colonial provinces allocated to India and more than 500 self-governing princely states.
Sardar Patel had been played most valuable role to make United India. At that time more than 500 self-governing princely states were ruled. They have given the option of joining either India or Pakistan or choosing Independence. On 6 may 1947, Patel began lobbying the princes attempting to make them receptive towards dialogue with the future Government and trying to forestall potential conflicts.
Patel arranged one meeting at their home and started that there was no inherent conflict between the congress and the princely order. He stressed that the princes would need to accede to India in good faith by 15 August 1947. Patel gave the deadline of 15 August 1947 for them to sign the instrument of accession document. All state willingly merged into Indian union. Only Jammu and Kashmir, Junagadh and Hyderabad did not fall into his basket.
Junagadh was especially important to Patel then his home state of Gujarat. The Navab was in under pressure from Sir Shah Nawaz Bhutto acceded to Pakistan. Junagadh was quite far from Pakistan and 80% population was Hindu. Patel combine diplomacy with force, demanding that Pakistan annul the accession and that the Navab accede to India. He sent the Army to occupy three principalities of Junagadh to show his resolve. Following widespread protest and the formation of civil government cause called Aarzi Hukummat. Both Bhutto and Navab flied to Pakistan. After that, Plebiscite organized and its produce the 99.5% vote for merge with India.
Hyderabad was the largest princely state included parts of present day Andhra Pradesh, Karnataka and Maharashtra states. Ruler, the Nizam Osman Ali khan was Muslim; although over 80% at people were Hindu. He didn`t wanted to acceded to India and he continued attacks on people of Indian. Even though a standstill agreement was signed due to desperate efforts of Lord Mountbatten to avoid a war. Nizam rejected deals and changed his position. Patel reconciled Nehru, Governor General Rajagopalachari to Military action. This mission was called ‘POLO’. At last, Hyderabad was comfortably secured into Indian Union.
During those days Pakistani invasion of Kashmir began in September 1947. Patel immediately wanted to send troops into Kashmir. But agreeing with Nehru and Mountbatten. He waited till Kashmir`s Monarch had acceded to India. Patel strongly advised Nehru against going for arbitration to the United Nations. For this period article 370 was incorporated in constitution as a temporary measure. Even when the state assembly ratified the state`s accession to India, the article was not scrapped.
After Pakistan came into existence in 1947, irregular armed raiders from Pakistan infiltrated into Kashmir with a view to take control over it by force. In terms of Indian independence Act 1947, the ruler of J & K signed deed of accession to India. As a result in law, J & K became an integral part of India. Thereupon Indian government sent its forces and pushed the infiltrators out from Kashmir valley.
As a gesture goodwill to the people of Kashmir and confident that they were with India , the Indian leadership ordered cease fire and offered plebiscite, provided Pakistan vacated the territory still in its illegal occupation. Pakistan never vacated it and kept pressing for plebiscite. To press its demand it has been encouraging infiltration of armed terrorists in Kashmir.
According to India, since Pakistan never vacated the territory in its illegal occupation. The plebiscite has became infructuous and Kashmir has now became an integral part of India. This dispute has led to three wars between India and Pakistan and ongoing tension on the line of control. The people of Kashmir are being subjected to violence terrorism and instability.
