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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.

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
indiacom
2018-11-26T02:07:47+00:00
2018-11-26T02:07:47+00:00
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
indiacom
2018-09-08T02:28:32+00:00
2018-09-08T02:29:11+00:00
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
indiacom
2018-08-03T10:45:52+00:00
2018-08-03T13:11:32+00:00
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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
indiacom
2018-07-14T12:08:20+00:00
2018-07-14T12:08:20+00:00
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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
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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
indiacom
2018-03-27T05:53:13+00:00
2018-03-27T19:29:44+00:00
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Narendra Modi Has an Unprecedented Mandate, Can Create History by Changing Narrative on Jammu And Kashmir: CM Mehbooba Mufti
India.com News Desk | November 4, 2017 10:18 AM IST
New Delhi, November 4: Jammu and Kashmir Chief Minister Mehbooba Mufti on Saturday said Prime Minist...
Narendra Modi Has an Unprecedented Mandate, Can Create History by Changing Narrative on Jammu And Kashmir: CM
indiacom
2017-11-03T23:18:48+00:00
2017-11-03T23:18:48+00:00
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Supreme Court Issues Notice to Centre on Plea Challenging Article 370
India.com News Desk | August 8, 2017 1:12 PM IST
New Delhi, Aug 8: The Supreme Court on Tuesday admitted a plea challenging Article 370 of the Consti...
Supreme Court Issues Notice to Centre on Plea Challenging Article 370
indiacom
2017-08-08T02:12:49+00:00
2017-08-08T02:28:07+00:00
Article 370
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Article 370 responsible for most of problems in Jammu and Kashmir: BJP
PTI Feeds | February 2, 2017 8:23 PM IST
Jammu, Feb 2: Reiterating that Article 370 of the Constitution which grants special status to Jammu ...
Article 370 responsible for most of problems in Jammu and Kashmir: BJP
indiacom
2017-02-02T09:23:20+00:00
2017-02-02T09:57:54+00:00
Article 370
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High Court reserves order on plea challenging validity of Article 370
Press Trust of India | March 16, 2016 8:00 PM IST
New Delhi, Mar 16: The Delhi High Court today reserved its judgement on a plea challenging the const...
High Court reserves order on plea challenging validity of Article 370
indiacom
2016-03-16T09:00:28+00:00
2016-03-16T09:00:28+00:00
Article 370
India.com
Jammu and Kashmir High Court stays earlier order instructing state to adopt own flag, President, Prime minister
Press Trust of India | January 1, 2016 9:50 PM IST
Srinagar, Jan 1: The two-judge bench of Jammu & Kashmir High Court reversed the earlier order releas...
Jammu and Kashmir High Court stays earlier order instructing state to adopt own flag, President, Prime minist
indiacom
2016-01-01T10:50:53+00:00
2016-01-01T10:50:53+00:00
Article 370
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Anupam Kher: Kashmir problem will be solved once article 370 is removed
Press Trust of India | December 27, 2015 4:42 AM IST
Jammu, Dec 26 The day Article 370 is removed and people from Bengal, Punjab, Gujarat and other parts...
Anupam Kher: Kashmir problem will be solved once article 370 is removed
indiacom
2015-12-26T17:42:24+00:00
2015-12-26T17:42:24+00:00
Article 370
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File prayers of pleas pending before Supreme Court on Article 370: High Court to Centre
Press Trust of India | October 19, 2015 11:21 PM IST
New Delhi, Oct 19: The Delhi High Court today asked the Centre to file the prayers of petitions pend...
File prayers of pleas pending before Supreme Court on Article 370: High Court to Centre
indiacom
2015-10-19T12:21:58+00:00
2015-10-19T12:21:58+00:00
Article 370
India.com
Article 370: Home Ministry seeks report on Jammu and Kashmir High Court order
Press Trust of India | October 13, 2015 1:37 AM IST
New Delhi, Oct 12: The Home Ministry today sought a report from the Jammu and Kashmir government on ...
Article 370: Home Ministry seeks report on Jammu and Kashmir High Court order
indiacom
2015-10-12T14:37:46+00:00
2015-10-12T14:38:31+00:00
Article 370
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BJP’s stand on Ram Temple, Article 370 unchanged: Narendra Singh Tomar
Press Trust of India | June 30, 2015 5:37 AM IST
Indore, Jun 30: Union Minister for Steel and Mines Narendra Singh Tomar had to face questions from B...
BJP’s stand on Ram Temple, Article 370 unchanged: Narendra Singh Tomar
indiacom
2015-06-29T18:37:01+00:00
2015-06-29T20:50:09+00:00
Article 370
India.com
BJP says ‘will work towards removing Article 370 after garnering majority in Parliament’
ANI | May 25, 2015 5:03 PM IST
Jammu, May 24: The Bharatiya Janata Party (BJP) on Sunday said the repeal of Article 370 continues t...
BJP says ‘will work towards removing Article 370 after garnering majority in Parliament’
indiacom
2015-05-25T06:03:02+00:00
2015-05-25T06:03:02+00:00
Article 370
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M Venkaiah Naidu: No change in BJP stand on article 370
Indo-Asian News Service | March 1, 2015 8:23 PM IST
Hyderabad, March 1 : There is no change in the BJP's stand on repealing article 370 of the constitu...
M Venkaiah Naidu: No change in BJP stand on article 370
indiacom
2015-03-01T09:23:41+00:00
2015-03-01T09:23:41+00:00
Article 370
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Jammu-Kashmir Government formation: BJP, PDP trying to find common ground
Press Trust of India | February 21, 2015 6:52 PM IST
New Delhi, Feb 21 : BJP and PDP are "trying hard" to find a common ground on issues like Article 370...
Jammu-Kashmir Government formation: BJP, PDP trying to find common ground
indiacom
2015-02-21T07:52:27+00:00
2015-02-21T07:52:27+00:00
Article 370
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Bharatiya Janata Party backtracking on Article 370: Congress
Press Trust of India | November 20, 2014 6:27 PM IST
Jammu, Nov 19 : Congress today accused BJP of "backtracking" on its core issue of scrapping Article ...
Bharatiya Janata Party backtracking on Article 370: Congress
indiacom
2014-11-20T07:27:36+00:00
2014-11-20T07:27:36+00:00
Article 370
India.com
Article 370 for Jammu and Kashmir: BJP won’t press for abrogation
Indo-Asian News Service | November 19, 2014 9:36 PM IST
Srinagar, Nov 19 : The BJP said Wednesday it won't press for abrogation of Article 370 of the const...
Article 370 for Jammu and Kashmir: BJP won’t press for abrogation
indiacom
2014-11-19T10:36:01+00:00
2014-11-19T10:36:01+00:00
Article 370
India.com