IAS (Admin.) IAS Mains GS Paper 2 (Governance, Polity, Social Justice, & IR): Questions 1 of 332

Edit

Appeared in Year: 2016

Describe in Detail

Essay▾

To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir” , temporary? Discuss the future prospects of this provision in the context of Indian polity.

Explanation

The Central Laws
Article 370 of the Indian Constitution
  • Under Part XXI, Article 370 of the Indian Constitution provision deals with “Temporary, Transitional and Special provisions” , which grants special autonomous status to Jammu & Kashmir, clearly states that the provisions with respect to the State of J&K are only temporary and not permanent.
  • According to this article, for the implementation of laws in the state of J&K except for defence, foreign affairs, finance and communications, Parliament needs the state government՚s consent. Hence, the natives of J&K follow different laws, which is utterly different from the other states of India. As a result of this provision, Indian citizens from other states have no right to purchase land or property in J&K.
  • Article 370 also states that the Centre has no power to declare financial emergency under Article 360 in the state except in the case of war or external aggression and not on the grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
  • It provides state legislature power to supersede decisions of central legislature on subjects of concurrent list and some union list subjects and also empowers president to abrogate article 370 on recommendations of constituent assembly of J&K.
  • Recently, India witnessed a rise in the campaigns demanding the need to repeal article 370 on the basis that it is only temporary. But, in the Indian history the outrage for abrogating this special provision has never been happened. Even the constituent assembly which last met in 1957, failed to take any decision on future prospects of Article 370. Major sections have been demanding replacing the word “temporary” with “Special” like Article 371.
  • Parliament does not have any right to amend Article 370 without the consent of J&K՚s assembly but only when the Union govt and J&K՚s state assembly arrives at a consensus. In the present condition, the need for this action seems to be unwanted and undesirable.

    Future Prospects:

  • Giving special status to J&K may sprout a belief that they have dominion status over other regions and also it may pave a way to other regions who are in a thirst for autonomy from other state, especially the North-Eastern states. It may damage the federal structure of Indian Constitution thus, posing a challenge to national unity, security and integration. It has the power to worsen the centre-state relations by allowing the bud of separatist tendencies to flower.