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Showing posts with label kashmir after article 370. Show all posts
Showing posts with label kashmir after article 370. Show all posts

Tuesday, May 6, 2025

Article 370 of the Constitution of India

Sheikh Gulzar
Article 370 of the Constitution of India is a special article that gives  special status to the erstwhile Union Territory of Jammu and Kashmir. This article gives the State of Jammu and Kashmir the freedom to frame and maintain its own constitution while prohibiting the implementation of the federal constitution in Jammu and Kashmir in most matters. Under this special article, except for defense, finance, foreign affairs, etc., the Union Government cannot implement Indian laws in the State of Jammu and Kashmir without the ratification and approval of the Central Parliament and the State Government. Under Article 370, the State of Jammu and Kashmir enjoys a special and unique position.

The provisions and laws of the Indian Constitution that are applicable to other States cannot be applied to the State of Jammu and Kashmir under this article.

Under this article, many fundamental issues of the State of Jammu and Kashmir, including property, citizenship and fundamental human rights for citizens, are different from the general laws of India. An attempt has also been made to preserve the 1927 Resident States Act of head of the state of  J&k  Hari Singh, whereby no ordinary citizen of India can buy property within the state of Jammu and Kashmir, this is not limited to the ordinary citizens of India, but Indian corporations and other private and public companies cannot acquire property within the state without legal justification. According to this law, state land cannot be occupied for the construction of residential colonies and setting up industrial factories, dams and other factories within the state. For any kind of changes, it is necessary to obtain the consent of the state representatives who are present in the form of an elected assembly.

Being a part of the constitution, its implementation is mandatory, however, it is a transitional provision. It plays a role in paving the way for the formation of a transitional structure.

The purpose of this article is to protect the state rights of Jammu and Kashmir. The impetus for this article is the agreement made with the head of the state of Jammu and Kashmir, which stated that the state would not be forced to accept the federal Constitution of India in any way. 

Its main objectives are as follows:
The central Constitution of India will apply to the state only in certain matters.
The state will frame its own constitution, which will shape the government structure in the state.

Any administrative change by the central government can be made in the state only when the state assembly gives its permission.

This article can be changed only when the requirements for the change in the article are met and the will of the state is included in it, which is interpreted by the state assembly there.
The change in the article can be made only on the recommendations of the state assembly, the center is not authorized to do so.

Monday, July 17, 2023

People's Alliance for Gupkar Declaration-PAGD

The People's Alliance for Gupkar Declaration is a political alliance between the several political parties in Jammu and Kashmir campaigning for autonomy for the region by restoring special status along with Article 35A of the erstwhile state of Jammu and Kashmir. Farooq Abdullah is the president of the alliance.

Kahwa—also known as Saffron tea , and referred to as the "drink of the soul"—is a Kashmiri saffron tea lightly flavored with Ginkgo biloba, German Chamomil and saffron.
Kashmiri Kehwa
If common citizens of JK are against abrogation of article 370, then how there is a reduction in militant  attacks , azadi marches and stone pelting incidents in the Valley post abrogation? Have Jammu and Kashmir residents started boycotting  seperatists?