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Article 370

Article 370 of the Indian Constitution provides special autonomous status to the state Jammu and Kashmir. It provides a temporary provision and under part XXI of the Indian constitution, which relates to Temporary, Transitional and Special provisions, the state of Jammu and Kashmir was accorded special status under Article 370. It meant that all the provisions that are applicable to other states of India will not be applicable to the state of Jammu and Kashmir and it needs to be passed in the Jammu and Kashmir legislative assembly to pass any new law in the state. Till 1965, Jammu and Kashmir had Sadr-e-Riyasat for governor and the state had its own prime minister in place of the chief minister. While drafting the law in the constitution, the states constituent assembly was empowered to recommend the articles of the Indian constitution that could be applied on the state. The Indian government has the control only over the defense, diplomacy and finance in the state. The state also has its own constitution and its own flag. The root of the article goes back during the Indian independence of 1947. When the British were leaving India, they gave the rights to the princely states to choose whether they want to join any country or to remain independent. Most of these princely states joined India however; the Maharaja of Kashmir wanted to stay alone and didnt want to join either India or Pakistan. When Pakistan forcefully tried to take the control of Kashmir, there was no option left with the king and he then joined India in October 1947. After joining India, the king appointed Sheikh Abdulla as the prime minister of the state. When it came to drafting the Indian constitution, Prime Minister of India Jawahar Lal Nehru brought in N Gopalswami Ayyangar, a former Diwan to the Maharaja of Kashmir to draw the relevant clauses and articles for the state. It is said that Jawahar Lal Nehru, being a Kashmiri Pandit himself was biased towards Kashmir and they gave Sheikh Abdullah almost everything he wanted in the article. Article 370 gave the power to the state similar to the power that the centre has. However, this was a temporary provision and it was applicable only till the formation of the states constitution. But later the Article became a permanent feature of the Indian constitution as confirmed by the rulings of the Supreme Court. Article 370 gives special powers to the state of Jammu and Kashmir and the article states that the provisions of Article 238, which was omitted from the Indian Constitution in 1956 during the reorganization of the Indian states will not be applicable to the state of Jammu and Kashmir. It also states the Indian Parliament cannot increase or decrease the borders of the state. One of the controversies of the article is that the citizens from the rest of India cannot migrate or acquire land in the state and only the permanent residents of Jammu and Kashmir will have the right to migrate or acquire land in the state. People belonging to other states of the country cannot become the permanent residents of the state. The article also ruled that Kashmiri women marrying person who doesnt belong to Jammu and Kashmir will lose their right to be called as the permanent resident. However in 2002, the Jammu and Kashmir High Court ruled that the daughters will continue to have the right of being the permanent resident of the state despite marrying the person belonging to other state. The Centre also has no power in declaring a financial emergency in the state as per the Article 360 and it can declare emergency only in the case of war or external aggression. Emergency cannot be declared on the grounds of internal disturbance or any danger. The emergency can be declared in the state only after the request of the state government. Article 370 was in controversies from the period of drafting this law. The principal drafter of the constitution Dr Babasaheb Ambedkar refused to draft the Article 370 and then Prime Minister Jawaharlal Nehru directed Kashmiri leader Sheikh Abdullah to consult Amedkar for drafting the article. The article was eventually drafted by Gopalswami Ayyangar. During the 2014 general elections, the manifesto of the Bharatiya Janata Party pledged for integrating the state of Jammu and Kashmir to the Union of India and abolishing the article. However, in October 2015, the High Court of Jammu and Kashmir ruled that the Article 370 cannot be abrogated or replaced or abolished.

US Welcomes Steps Taken To Return J&K To Full Economic And Political Normalcy
PTI | March 4, 2021 7:13 AM IST
The US continues to support direct dialogue between India and Pakistan on Kashmir and other issues
US Welcomes Steps Taken To Return J&K To Full Economic And Political Normalcy
indiacom
2021-03-03T20:13:11+00:00
2021-03-03T21:01:06+00:00
Article 370
India.com
Dissent Cannot be Termed Seditious, Says Supreme Court; Junks Plea Against Farooq Abdullah
India.com News Desk | March 3, 2021 1:50 PM IST
A bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta said dissent cannot be termed
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2021-03-03T02:50:10+00:00
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Foreign Delegation to Visit Jammu And Kashmir Today To Assess Development
India.com News Desk | February 16, 2021 7:10 PM IST
During their two-day visit, the envoys would receive first-hand information on the development work
Foreign Delegation to Visit Jammu And Kashmir Today To Assess Development
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2021-02-16T08:10:28+00:00
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Jammu And Kashmir to Get Statehood at Right Time: Amit Shah in Lok Sabha
India.com News Desk | February 13, 2021 3:27 PM IST
Jammu and Kashmir has been a top priority for the current government since it took power in 2014,
Jammu And Kashmir to Get Statehood at Right Time: Amit Shah in Lok Sabha
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2021-02-13T04:27:22+00:00
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Befitting Reply To Mehbooba Mufti, Says Anurag Thakur on Jammu and Kashmir DDC Election Results
Victor Dasgupta | December 23, 2020 3:22 PM IST
In Jammu division, the BJP has got the majority in Kathua and Samba (13 seats each), Jammu and
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2020-12-23T04:22:40+00:00
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Jammu And Kashmir: Voting Underway In 2nd Phase of DDC Polls Amid Tight Security
Victor Dasgupta | December 1, 2020 8:45 AM IST
Jammu and Kashmir: In the second phase of the DDC polls, as many as 321 candidates are in the fray
Jammu And Kashmir: Voting Underway In 2nd Phase of DDC Polls Amid Tight Security
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2020-11-30T21:45:47+00:00
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Article 370
India.com
BJP Wants to Develop an Ecosystem With No Place For Democracy: PDP Chief Mehbooba Mufti
India.com News Desk | November 29, 2020 4:47 PM IST
The PDP leader, who was recently released after 14 months of detention, also slammed the BJP
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2020-11-29T05:47:06+00:00
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Won't Die Till Rights of People of J&K, Ladakh Are Restored: Farooq Abdullah
IANS | November 6, 2020 11:51 PM IST
He blamed the BJP for making false promises to the people of the erstwhile state of Jammu and
Won't Die Till Rights of People of J&K, Ladakh Are Restored: Farooq Abdullah
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2020-11-06T12:51:08+00:00
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Article 370
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Don't Presume What SC Will Decide on Article 370...: Omar Abdullah Takes Dig at Ravi Shankar Prasad For 'Won't Restore' Remark
India.com News Desk | October 25, 2020 3:45 PM IST
The revocation of Article 370 was done constitutionally and that it will not be restored, Ravi
Don't Presume What SC Will Decide on Article 370...: Omar Abdullah Takes Dig at Ravi Shankar Prasad For 'Won'
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2020-10-25T04:45:04+00:00
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Article 370
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Article 370 Won't be Restored, Says BJP; Accuses Mufti of Disrespecting Indian Flag
India.com News Desk | October 24, 2020 10:09 PM IST
Her comments that she will not hold the tricolour till the Kashmiri flag is restored is "downright
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2020-10-24T11:09:01+00:00
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Article 370
India.com
Kashmir's So-Called Politicians Sometimes Tend To Be More Dangerous: Jitendra Singh
India.com News Desk | October 23, 2020 7:02 PM IST
The minister of state for personnel said that the so-called politicians of Kashmir sometimes tend
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Article 370
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Fight for Article 370 to Continue Even if I've to be Hanged: Farooq Abdullah after ED Questioning
India.com News Desk | October 19, 2020 6:32 PM IST
Farooq Abdullah's remarks come after he was questioned by the Enforcement Directorate (ED) in
Fight for Article 370 to Continue Even if I've to be Hanged: Farooq Abdullah after ED Questioning
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2020-10-19T07:32:59+00:00
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Article 370
India.com
Congress Welcomes Coming Together of Mainstream JK Parties, Demands Restoration of Article 370
PTI | October 16, 2020 10:02 PM IST
Senior Congress spokesperson P Chidambaram said the Centre must also stop looking at the mainstream
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indiacom
2020-10-16T11:02:08+00:00
2020-10-16T11:02:08+00:00
Article 370
India.com
'BJP Has United All Jammu & Kashmir Parties, Will Outlast Central Government': Sajad Lone
India.com News Desk | October 16, 2020 7:31 PM IST
The decision to scrap Jammu and Kashmir's constitutional autonomy by the Centre was "short-sighted
'BJP Has United All Jammu & Kashmir Parties, Will Outlast Central Government': Sajad Lone
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2020-10-16T08:31:03+00:00
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Article 370
India.com
Jammu and Kashmir Mainstream Parties Form 'Gupkar Declaration' For Restoration of Special Status
India.com News Desk | October 15, 2020 7:42 PM IST
Briefing mediapersons after the nearly two-hour meeting, National Conference president Farooq
Jammu and Kashmir Mainstream Parties Form 'Gupkar Declaration' For Restoration of Special Status
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2020-10-15T08:42:11+00:00
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Article 370
India.com
Article 370: Mehbooba Mufti, Released From Detention After 14 Months, Meets Farooq And Omar Abdullah
India.com News Desk | October 14, 2020 5:40 PM IST
Moments after being released last evening, Mufti had shared a video on Twitter vowing to the people
Article 370: Mehbooba Mufti, Released From Detention After 14 Months, Meets Farooq And Omar Abdullah
indiacom
2020-10-14T06:40:18+00:00
2020-10-14T06:40:18+00:00
Article 370
India.com
Scrapping of Article 370 Undemocratic, Will Fight For Reversal of Decision, Says Mehbooba Mufti in First Message Post Release
India.com News Desk | October 14, 2020 8:14 AM IST
She said in an audio message, "The black decision on that black day was impinging on my heart and
Scrapping of Article 370 Undemocratic, Will Fight For Reversal of Decision, Says Mehbooba Mufti in First Mess
indiacom
2020-10-13T21:14:19+00:00
2020-10-13T21:17:03+00:00
Article 370
India.com
Mehbooba Mufti, in Detention Since August 5 Last Year, Released Finally; Press Address on October 16
India.com News Desk | October 13, 2020 10:07 PM IST
Mehbooba, who became the first woman chief minister of the erstwhile state of Jammu and Kashmir in
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indiacom
2020-10-13T11:07:19+00:00
2020-10-13T12:59:30+00:00
Article 370
India.com
'Article 370 Will be Restored With China’s Help': Farooq Abdullah Never Said It, Clarifies NC Amid Protest in Jammu
India.com News Desk | October 13, 2020 4:15 PM IST
The NC said that its leader's comments were twisted and that Abdullah never justified China's
'Article 370 Will be Restored With China’s Help': Farooq Abdullah Never Said It, Clarifies NC Amid Protest
indiacom
2020-10-13T05:15:15+00:00
2020-10-13T05:30:54+00:00
Article 370
India.com
'How Long Can a Person be Detained?' Supreme Court Asks Jammu and Kashmir Administration on Iltija Mufti's Plea
India.com News Desk | September 29, 2020 1:17 PM IST
While the Abdullah duo were released in March this year, Mufti continues to be jailed by Centre
'How Long Can a Person be Detained?' Supreme Court Asks Jammu and Kashmir Administration on Iltija Mufti's Pl
indiacom
2020-09-29T02:17:27+00:00
2020-09-29T02:17:27+00:00
Article 370
India.com

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