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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.

Few Families Benefit From Articles 370, 35A, Why Shouldn't we Review it Then: Nirmala Sitharaman
India.com News Desk | April 14, 2019 12:54 PM IST
New Delhi: Union defence minister Nirmala Sitharaman reasoned why Articles 370 and 35A should not be...
Few Families Benefit From Articles 370, 35A, Why Shouldn't we Review it Then: Nirmala Sitharaman
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Article 370
India.com
Shiv Sena Hails BJP's Election Manifesto, Gives it '200 Out of 100' Marks
PTI | April 10, 2019 2:47 PM IST
The Shiv Sena on Wednesday hailed the BJP's manifesto and gave it "200 out of 100" marks for promisi...
Shiv Sena Hails BJP's Election Manifesto, Gives it '200 Out of 100' Marks
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Article 370
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Happy to be Blocked by 'Callous Individual', Says Gautam Gambhir After Spat With Mehbooba
India.com News Desk | April 9, 2019 10:40 PM IST
New Delhi: Cricketer-turned-politician Gautam Gambhir and former Jammu and Kashmir chief minister Me...
Happy to be Blocked by 'Callous Individual', Says Gautam Gambhir After Spat With Mehbooba
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Article 370
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Abrogating Article 370 Will Pave Way For 'Freedom' For People of J&K: Farooq Abdullah
PTI | April 8, 2019 10:20 PM IST
National Conference president Farooq Abdullah on Monday said abrogating Article 370 of the Constitut...
Abrogating Article 370 Will Pave Way For 'Freedom' For People of J&K: Farooq Abdullah
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2019-04-08T11:20:39+00:00
2019-04-08T11:20:39+00:00
Article 370
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'Demand For Separate PM for J&K Leaves us With no Choice But to Repeal Article 370'
India.com News Desk | April 8, 2019 8:29 PM IST
New Delhi: Union Home Minister Rajnath Singh on Monday said there will be no option with the governm...
'Demand For Separate PM for J&K Leaves us With no Choice But to Repeal Article 370'
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2019-04-08T09:29:25+00:00
2019-04-08T09:33:43+00:00
Article 370
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Don't Play With Fire: Mehbooba, Farooq Warn BJP Over 'Sankalp' to Annul Article 370
India.com News Desk | April 8, 2019 7:02 PM IST
New Delhi: With the BJP releasing its election manifesto 'Sankalpit Bhatar Sashakt Bharat' on Monday...
Don't Play With Fire: Mehbooba, Farooq Warn BJP Over 'Sankalp' to Annul Article 370
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2019-04-08T08:02:20+00:00
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'370 ko Kaise Khatam Karoge, Hum Muqabla Karenge,' Says Farooq on BJP Poll Promise to Repeal Art 370
India.com News Desk | April 8, 2019 3:53 PM IST
New Delhi: The BJP released its Lok Sabha election manifesto earlier on Monday, leading to strong re...
'370 ko Kaise Khatam Karoge, Hum Muqabla Karenge,' Says Farooq on BJP Poll Promise to Repeal Art 370
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2019-04-08T04:53:56+00:00
2019-04-08T04:53:56+00:00
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Won't Accept Abrogation of Article 370 in Kashmir: Pakistan
India.com News Desk | April 7, 2019 9:08 AM IST
New Delhi: Pakistan's Foreign Office Spokesman Mohammad Faisal claimed that the abrogation of Articl...
Won't Accept Abrogation of Article 370 in Kashmir: Pakistan
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2019-04-06T22:08:46+00:00
2019-04-06T22:08:46+00:00
Article 370
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Congress Manifesto Promises it Won't Allow Any Changes in Article 370
IANS | April 2, 2019 10:30 PM IST
The Congress has promised that it won't allow any change in constitutional position on Article 370, ...
Congress Manifesto Promises it Won't Allow Any Changes in Article 370
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2019-04-02T11:30:35+00:00
2019-04-02T11:30:35+00:00
Article 370
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I Dare Them to Even Touch Article 370 And 35A: Farooq Abdullah to Centre
IANS | April 2, 2019 10:05 PM IST
Heightening the electoral pitch of his party, former Jammu and Kashmir Chief Minister Farooq Abdulla...
I Dare Them to Even Touch Article 370 And 35A: Farooq Abdullah to Centre
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2019-04-02T11:05:24+00:00
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Article 370
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HD Deve Gowda Accuses Modi of Trying to Make India a 'Hindu Rashtra'
PTI | April 2, 2019 7:26 PM IST
JDS supremo HD Deve Gowda on Tuesday accused Prime Minister Narendra Modi of wanting to make India a...
HD Deve Gowda Accuses Modi of Trying to Make India a 'Hindu Rashtra'
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It Will be India And Jammu & Kashmir if Article 370 is Scrapped: Mufti
IANS | March 30, 2019 9:44 PM IST
Article 370 of the Constitution is a bridge between Jammu and Kashmir and India and if it goes, peop...
It Will be India And Jammu & Kashmir if Article 370 is Scrapped: Mufti
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Article 370
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J&K Will be Forced to Think on Its Ties With India if Article 370 is Scrapped: Mehbooba Mufti
India.com News Desk | March 30, 2019 7:04 PM IST
Srinagar: Former Jammu and Kashmir chief minister Mehbooba Mufti on Saturday warned the government a...
J&K Will be Forced to Think on Its Ties With India if Article 370 is Scrapped: Mehbooba Mufti
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2019-03-30T08:04:27+00:00
2019-03-30T08:04:27+00:00
Article 370
India.com
Kangana Ranaut Urges PM Modi to 'Scrap Article 370' After Pulwama Attacks; Here's What it Means For India And J&K
India.com Entertainment Desk | February 21, 2019 3:56 PM IST
Actress Kangana Ranaut says that the Indian government should now seriously think of scrapping Artic...
Kangana Ranaut Urges PM Modi to 'Scrap Article 370' After Pulwama Attacks; Here's What it Means For India And
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2019-02-21T04:56:02+00:00
2019-02-21T04:56:02+00:00
Article 370
India.com
Jammu And Kashmir: Supreme Court Refuses to Hear Fresh Petition Challenging Article 370
India.com News Desk | November 26, 2018 1:07 PM IST
New Delhi: The Supreme Court on Monday refused to hear a fresh petition challenging Article 370 of t...
Jammu And Kashmir: Supreme Court Refuses to Hear Fresh Petition Challenging Article 370
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2018-11-26T02:07:47+00:00
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Article 370
India.com
After Panchayat, NC Announces to Boycott Assembly, Lok Sabha Polls
India.com News Desk | September 8, 2018 1:28 PM IST
After Panchayat, NC Announces to Boycott Assembly, Lok Sabha Polls
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Article 370
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Fiddling With J&K’s Special Status Will Have Catastrophic Ramifications, Warns Mehbooba Mufti
India.com News Desk | August 3, 2018 9:45 PM IST
New Delhi, Aug 3: Former Jammu and Kashmir chief minister Mehbooba Mufti on Friday warned that fiddl...
Fiddling With J&K’s Special Status Will Have Catastrophic Ramifications, Warns Mehbooba Mufti
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Article 370
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Demonetisation Was Quick But Ram Mandir Decision Still Hangs: Uddhav Thackeray Hits at BJP
India.com News Desk | July 14, 2018 11:08 PM IST
Pune, July 14: Shiv Sena President Uddhav Thackeray on Saturday launched a fresh salvo at the ruling...
Demonetisation Was Quick But Ram Mandir Decision Still Hangs: Uddhav Thackeray Hits at BJP
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2018-07-14T12:08:20+00:00
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Article 370
India.com
Impossible to Abolish Article 370 as it Has Acquired Permanent Status: Supreme Court
India.com News Desk | April 4, 2018 6:05 AM IST
New Delhi, Apr 4: The Supreme Court on Tuesday said it is impossible to abrogate Article 370 of the ...
Impossible to Abolish Article 370 as it Has Acquired Permanent Status: Supreme Court
indiacom
2018-04-03T19:05:22+00:00
2018-04-03T19:06:02+00:00
Article 370
India.com
Government in Lok Sabha: No Proposal to Scrap Article 370 in Jammu And Kashmir
India.com News Desk | March 27, 2018 4:53 PM IST
New Delhi, Mar 27: The Central government has said in a written reply in Lok Sabha that it is not co...
Government in Lok Sabha: No Proposal to Scrap Article 370 in Jammu And Kashmir
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2018-03-27T05:53:13+00:00
2018-03-27T19:29:44+00:00
Article 370
India.com