Difference between revisions of "Article 370"
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| + | After Independence in 1947, all the princely states were asked to accede to either India or Pakistam. Maharaja Hari Singh of Kashmir chose to remain independent because he did not know which nation to accede to as he was a Hindu ruler, even though majority of Kashmir is Muslim. | ||
| − | + | However when Pashtun tribes from the North West Frontier Province in Pakistan invaded the region, the Maharaja then appealed to Lord Mountbatten, the then Governor General of India for assistance. He was only offered assistance if he agreed to accede to India. This is a point of contention between Pakistan and India as they disagree over whether he acceded under the right circumstances. Once the papers of accession were signed Indian soldiers entered Jammu & Kashmir with orders to stop any further occupation. However they were not allowed to expel anyone from the state. Following the signing of the Instrument of Accession, Maharaja Hari Singh wanted Sheikh Abdullah to function as the Head of the Emergency Government. A political arrangement was worked out with [[Sheikh Abdullah]], the result of which was Article 370. Article 370 was enacted into the constitution and justified as the only mechanism to fasten & integrate Kashmir with India. Subsequently, in 1951, a Constituent Assembly for J&K was elected and the Assembly framed a constitution. Under the J&K Constitution, the state had a separate Prime Minister, a separate President a separate flag and a separate constitution. | |
| − | + | ||
| − | Article 370 gives the state of [[Kashmir]] special status. It specifies that except for Defence, Foreign Affairs, Finance and Communications, the Indian Parliament needs the State Government's agreement for applying all other laws. The state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. | + | Article 370 gives the state of [[Kashmir]] special status. It specifies that except for Defence, Foreign Affairs, Finance and Communications, the Indian Parliament needs the State Government's agreement for applying all other laws. The state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. |
| − | Article 370 is the subject of much debate. It was supposed to be a temporary provision but was prolonged according to the 1974 Indira- Sheikh accord that committed itself to keeping the relationship between India and Kashmir within the ambit of this article. Some Muslim Kashmiris demand greater autonomy and sovereignty and some even demand independence from India, while some non-Muslims would like to see the state fully integrated into India. [[The Bharatiya Janata Party]] (BJP) also opposes this article. The BJP affirms unequivocally India's sovereignty over the whole of Jammu and Kashmir, including the areas under foreign occupations. The Congress party of India also uses Article 370 to secure votes in Kashmir. The issue of the accession of the state is still a matter of dispute between India and Pakistan and is still on the U.N Security Council’s agenda. | + | |
| + | Article 370 is the subject of much debate. It was supposed to be a temporary provision but was prolonged according to the 1974 Indira- Sheikh accord that committed itself to keeping the relationship between India and Kashmir within the ambit of this article. Some Muslim Kashmiris demand greater autonomy and sovereignty and some even demand independence from India, while some non-Muslims would like to see the state fully integrated into India. [[The Bharatiya Janata Party]] (BJP) also opposes this article. The BJP affirms unequivocally India's sovereignty over the whole of Jammu and Kashmir, including the areas under foreign occupations. The Congress party of India also uses Article 370 to secure votes in Kashmir. The issue of the accession of the state is still a matter of dispute between India and Pakistan and is still on the U.N Security Council’s agenda. | ||
Revision as of 06:00, 25 June 2010
Article 370
After Independence in 1947, all the princely states were asked to accede to either India or Pakistam. Maharaja Hari Singh of Kashmir chose to remain independent because he did not know which nation to accede to as he was a Hindu ruler, even though majority of Kashmir is Muslim.
However when Pashtun tribes from the North West Frontier Province in Pakistan invaded the region, the Maharaja then appealed to Lord Mountbatten, the then Governor General of India for assistance. He was only offered assistance if he agreed to accede to India. This is a point of contention between Pakistan and India as they disagree over whether he acceded under the right circumstances. Once the papers of accession were signed Indian soldiers entered Jammu & Kashmir with orders to stop any further occupation. However they were not allowed to expel anyone from the state. Following the signing of the Instrument of Accession, Maharaja Hari Singh wanted Sheikh Abdullah to function as the Head of the Emergency Government. A political arrangement was worked out with Sheikh Abdullah, the result of which was Article 370. Article 370 was enacted into the constitution and justified as the only mechanism to fasten & integrate Kashmir with India. Subsequently, in 1951, a Constituent Assembly for J&K was elected and the Assembly framed a constitution. Under the J&K Constitution, the state had a separate Prime Minister, a separate President a separate flag and a separate constitution.
Article 370 gives the state of Kashmir special status. It specifies that except for Defence, Foreign Affairs, Finance and Communications, the Indian Parliament needs the State Government's agreement for applying all other laws. The state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Article 370 is the subject of much debate. It was supposed to be a temporary provision but was prolonged according to the 1974 Indira- Sheikh accord that committed itself to keeping the relationship between India and Kashmir within the ambit of this article. Some Muslim Kashmiris demand greater autonomy and sovereignty and some even demand independence from India, while some non-Muslims would like to see the state fully integrated into India. The Bharatiya Janata Party (BJP) also opposes this article. The BJP affirms unequivocally India's sovereignty over the whole of Jammu and Kashmir, including the areas under foreign occupations. The Congress party of India also uses Article 370 to secure votes in Kashmir. The issue of the accession of the state is still a matter of dispute between India and Pakistan and is still on the U.N Security Council’s agenda.
