ARTICLE 370 OF THE INDIAN CONSTITUTION BY CHIRAGH DEVAL @LEXCLIQ

ARTICLE 370 OF THE INDIAN CONSTITUTION

A special status was given to Jammu and Kashmir by Article 370 of The Indian Constitution. It was in control of India as a state from 1954 to 31st October 2019. Kashmir was the major dispute since 1947 between India, Pakistan, and China too.

In part, XXI Article 370 was drafted in the Indian Constitution with some special provisions and some temporary also. It says that the constituent assembly of Jammu and Kashmir will be able to recommend the extent to which is to be applied by the Indian Constitution.

The major effect was that the citizens of Jammu and Kashmir were dealing with a different set of laws, which related to ownership of property, citizenship, and fundamental rights. By this citizen residing other than in Jammu and Kashmir cannot buy purchase land or property that belongs to the state of Jammu & Kashmir.

On 5th August 2019, a resolution was passed by both the houses of Indian parliament with a two-thirds majority. Thus, making all the provisions applicable to Jammu and Kashmir and the Jammu and Kashmir Reorganisation Act,2019 was also passed by the parliament.

STRUCTURE AND LIMITATIONS TO THE ACT

The federal structure we have in our Indian Constitution. “Union list”, a “State list” and a “Concurrent list” where the lists were the subjects for the legislation were divided. A total of ninety-six subjects were there in the union list which includes defense, foreign affairs, and military, transport systems, commercial issues were also there as banking, taxes, and stock exchange. The state list included sixty-six items that cover prison, agriculture, certain taxes, and most industries that are available for the states to legislate on. The concurrent list deals with both the center and a state legislature that may legislate which includes profession, marriage, criminal law, and bankruptcy. When there’s a case of conflict arises then precedence is taken by the Union legislation. Some residual powers make laws on matters that are not specified in the constitution.

There were some rights given under the Jammu and Kashmir constitution also like education & employment right where the state government officials of Jammu and Kashmir have issued permanent resident certificates and they are differed by gender. “Valid only till marriage” was marked on the certificate of a woman, on the other hand, there were no markings related to males. A denial would be given to a woman if she wants to marry someone who is from outside India. As to acquire any immovable property, education, or employment within the state.

Women’s right was passed by the permanent resident’s bill that is also known as Daughter’s bill and it was there to grant the daughters of the state’s permanent residents.

CONCLUSION

Article 370 was much necessary for the citizens residing in the state of Jammu and Kashmir because from 1947 there could live peacefully in their own house. The people were also divided there between the law and in between the religions also like the major issue was the Hindu & Muslim issue that there the people were dealing with. Terrorist attacks were frequent in the state because there was not a proper army or defense for them and thus they faced many issues but now they can start fresh with the new living of life.

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