Kashmir debate LIVE: Amit Shah responds to debate in Lok Sabha || Article 370 - TV9

Kashmir debate LIVE: Amit Shah responds to debate in Lok Sabha

Centre has scrapped Article 370 of the Constitution that gave Jammu and Kashmir special status. It also bifurcated the state into J&K and Ladakh, saying both will be treated as Union territories
-Mint delves into the history of the state after the Centre’s radical move

Article 370 Kashmir

The Narendra Modi government has added a landmark chapter to Jammu and Kashmir’s history, with the state no longer having its own Constitution or a separate flag.

WHAT’S THE HISTORY OF J&K’S ACCESSION?

Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh when India gained independence. It was a Muslim-majority state led by a Hindu king, who had his own ambitions of leading an independent state attached neither to India nor Pakistan. He remained undecided until October 1947 when Pashtun tribals, joined by the Pakistan army, entered the valley to dethrone him. Hari Singh also faced rebellion from sections of his own army. It was then that he agreed to J&K becoming a part of India under the Instrument of Accession to seek its help so that he could keep his throne. The Indian Army thwarted the Pashtun attack. Indian records show J&K’s accession was signed on 27 October 1947, after which the army was rushed in. Pakistan contests the accession, saying Hari Singh wasn’t in control of the state on that day and that the Indian government, led by then prime minister Jawaharlal Nehru, had already pushed in its army and forced the king to sign on the dotted line. Pakistan’s objection broadly lay in the accession of a Muslim-majority state to a Hindu-dominated country that contradicted the two-nation theory on which it was founded.


WHAT IS ARTICLE 370?

Article 370 of the Indian Constitution gave special status and treatment to J&K and its citizens. Article 370 was incorporated in the Constitution in 1949, two years after the state had acceded to India. It was signed between Hari Singh and Lord Mountbatten, the then Governor General of India, with Nehru’s blessings. Barring defence, foreign affairs, finance and communications, the Centre needed the concurrence of the state government to frame laws impacting it under Article 370. Article 360 of the Constitution gives the Centre the right to declare financial emergency in a state, but Article 370 prevented the Centre from doing so in the case of J&K, except during war or external aggression. The Article gave the state its own Constitution and a flag with various concessions granted to it.

WHAT IS ARTICLE 35(A)?

Article 35(A) was signed between Nehru and Sheikh Abdullah, then the prime minister of the state, in 1954 after the state had become part of India in 1947. It gave the state government the power to define who its resident was. The Article came with retrospective effect, defining a resident of the state as one who had been living there for 10 years. This meant that one could not buy property in the state if one wasn’t a resident there, irrespective of religion. It also meant that while people could vote in the Lok Sabha elections, they could not in municipality or state elections. Indian laws also did not apply on matters of inheritance of property when a Kashmiri woman married a non-Kashmiri. The Supreme Court’s decision to scrap Article 377 that decriminalized homosexuality also did not apply to the state.



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