Article 370 of the Indian Constitution is a “temporary provision” granting special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, Jammu and Kashmir has been accorded special status under Article 370.
Highlights
• According to Article 370, except for defence, foreign affairs, finance and communications, the Indian Parliament needs the state government’s concurrence for applying all other laws to J&K. Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other citizens in other states.
• In 1927, Maharaja of Kashmir Hari Singh issues an order providing safeguards for the permanent residents of the state. The order was issued in response to an outcry in Jammu against the influx of the people from Punjab in the state many of whom held positions of authority in Maharaja’s establishment.
• Post 1947, Article 370 of J-K constitution which forbids outsiders to own property in the state further reinforced Maharaja’s order.
• Right to property is still a fundamental right in JK because the State did not give consent to 44th Amendment through which this right was abolished elsewhere. It was possible only because of Article 370
• Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.
