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NEW DELHI: As uncertainty looms over Kashmir after the government asked Amarnath yatris and tourists to leave the valley at the earliest, speculations are doing rounds that the Centre may be preparing to abrogate Article 370.
What is Article 370
Article 370 of the Constitution is a "temporary provision" which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu and Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
History of Article 370
After J&K's accession, National Conference leader Sheikh Abdullah took over reins from Dogra ruler Maharaja Hari Singh and in 1949, he negotiated the state's political relationship with New Delhi, which led to the inclusion of Article 370 in the Constitution.
Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted "iron clad autonomy" for the state, which the Centre didn't comply with.
Provisions of Article 370
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws in Jammu and Kashmir. Thus, the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights.
As a result of this provision, only a 'state subject' can purchase land in the state. Indian citizens from other states cannot purchase land or property in Jammu and Kashmir. Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
Abrogation fears
Article 370 and Article 35A have acquired political overtones since their inception and leaders from the Kashmir Valley have indicated that abolishing these special provisions will plunge the state into chaos.
A writ petition filed by NGO We the Citizens challenges the validity of both Article 35A and Article 370.
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