No Need For Debate on Article 370

INTRODUCTION

As usual, every political party in this election campaign has used or will be using article 370 as one of the burning issue. At the Bharatiya Janata Party’s recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. But there are various myth’s and facts surrounding this topic.

                                                            No Need For Debate on Article 370

WHAT IS ARTICLE 370 ?

Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu and Kashmir has been accorded special status under Debate Article 370.

All the provisions of the Constitution which are applicable to other states are not applicable to J&K.

According to this Article, except for defence, foreign affairs, finance and communications, the Parliament needs the state government’s concurrence for applying all other laws. 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 Indians. As a result of this provision, Indian citizens from other states can not purchase land or property in Jammu & Kashmir.

Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

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