Article 370 was included in the constitution on 17th October, 1949 which exempts Jammu and Kashmir from Indian constitution and allows the state to draft its own constitution. According to the Indian constitution, Article 370 provides a temporary provisions to the state. It says that the provisions of Article 238, shall not apply to the state of Jammu and Kashmir however it was omitted from the constitution at the time when Indian states were reorganised in 1956. According to Article 3 of Jammu and Kashmir Constitution, the state of Jammu and Kashmir is an integral part of India but the people of the state are considered as the “permanent residents of India” rather than “citizens of India”.
Provisions enjoyed by the state Jammu and Kashmir under Article 370
The two main aims for imposing Article 370 on Jammu and Kashmir were: to placate Muslims of the valley and to ensure the natives of Jammu and Kashmir that they their identity shall be maintained. Consequences of enforcement of Article 370 includes:
- Parliament need to take consideration from the state government for implementing any law expect laws on defence, foreign affairs, communication and finance.
- Under Article 370, centre has no power to declare the financial emergency in the state under article 360.
- National Emergency declared by the President of India also does not apply to this state under the article 352 except in the case of war or external aggression.
- No outsider can buy the property in Jammu and Kashmir. This has greatly helped the state to maintain its beauty otherwise urbanisation would not have spared this state unlike others.
- The Parliament cannot reduce or increase the boundaries of the state under Article 370.
- Under Article 370, wealth tax, gift tax, urban land ceiling act and intermarriage with other Indian nationals do not operate in Jammu and Kashmir in normal ways as rest part of India.
Article 370 is detrimental to the full integration of Jammu and Kashmir (state) into a Union Territory. This will enable the central government to gain implement all the rules and laws formulated by it on Jammu and Kashmir.