Article 370 - The Controversial Article

Updated on 03 April

Article 370, which is one of the most debatable topics in India, provides certain special powers including a 'temporary autonomous' status to the state Jammu & Kashmir. It was the result of Kashmir accession to India just after India got independence from British followed by the separation of Pakistan from India. The people of Kashmir, which were in majority, were in fear of the loss of their identity in a Hindu dominated country. Hence, under the massive pressure of demands from different radical Islamic groups residing in J&K, a special status was granted to J&K under the Article 370. Even after getting transformed many times since its genesis, this article remained in the list of the most controversial article of Indian constitution.

Different provisions in this article:

• The central government will need the state government's nod to apply all the laws expect those which falls in the category of Defense, Communication, Foreign Affairs and Finance.

• Financial Emergency can't be imposed in J&K by central government but Emergency can be imposed only on the grounds of internal disturbances and imminent danger from a foreign country.

• State government of J&K has the power to govern it's state without taking any consent or permission of central government.

• Indian citizens from other regions are prohibited from buying/acquiring land or property in J&K.

• Women from J&K, if marry a person from other state, will lose her right to ownership in J&K.

With the change in central government in the recent Lok Sabha elections, there were rumours that this article will be revoked soon which sparked massive serious debates on different platforms. But after the alliance between BJP and PDP to make government in J&K, it is quite evident that the chances of scrapping of Article 370 are very less.

Who can repeal this article:

The President of India has the power to publicly declare the article null and void but that too only after the recommendation of the constituent assembly of the state of Jammu & Kashmir. However, through a constitutional amendment in Indian parliament, this right can be taken back from J&K.

Indian population has mixed views on this article. Those who are in support of it are bothered about safeguarding the aspirations and culture between the Kashmiri population which mainly consist of Muslims. Those who are against it are basically bothered about the interests of minorities which consists Kashmiri Pandits and Ladhakies. This is a very serious issue which is required to be resolved at earliest.