Integrating India: Reasons which led to Abrogating of Article 370.

Updated: Aug 15, 2020

Budget session of parliament in 2019 was the longest session and highly productive session. In term of legislature output the 297th session saw the passage of 32 bills it proving to be the best of the 52 session of the last 17 year and 5th best in last 41 year. In year 2002, 197th session of upper house of parliament had passed 35 bills. The productivity of the house during this session was 104.92% the best in the last 17 session. In Loksabha as many as 38 bills were introduced in the parliament in which 27 of these passed by the both house of parliament which is the highest for any session in last 10 year.


History


On October 26 1947 Maharaja Hari Singh of Jammu and Kashmir by a latter to the governor general of India offered to accede to India. The Maharaja sent the instrument of accession duly signed by him. The governor general of India Mount Batton, accepted the instrument of accession. As the result of this, the state of Jammu and Kashmir become the part of Indian union. the accession was confirmed by the people of state through their constitution assembly. on Nov. 17 1957. thus at the time of the commencement of the constitution, the position of the state of Jammu and Kashmir was different and therefore article 370 inserted in Indian constitution by the presidential order. Under 370 the presidential is empowered to issue order. Thus act as a legislature in issuing order under this article. It has been held by the supreme Court that the president mat by order extend certain provisions of the Constitution to that state with such modification and exception as he think fit. The state of Jammu and Kashmir has its own constitution and its administration is carried on in accordance with the provision of that Constitution. The parliament of India does not make laws without the concurrence of that state. There was must to take consent of that state for make law by the parliament even the provision regarding emergencies under article 352 of the Indian Constitution can be applied to the state of Jammu and Kashmir with the concurrence of that state. The directive principles of the state was also not applicable to that state.


Reason


With all these issue the parliament of India repealed the article 370 and 35A of the Indian Constitution. There are various changes in the state of Jammu and Kashmir through this decision of government. By this revocation parliament can make laws for the state of Jammu and Kashmir with the consent of that state on the matter of union list as well as concurrent list. Constitution of India and all laws which is made by parliament is applicable to the state of Jammu and Kashmir. It promote the backward and weaker section of the society and Muslim women of that state. Muslim women loose their property rights after the marriage with other states person. In state of Jammu and Kashmir there is no separate flag only national flag of India is applied after revocation. There must be single citizenship in that state. This revocation of article 370 and is very essential for the development of the state of Jammu and Kashmir. Now every person who wants to buy property can buy in the state of Jammu and Kashmir


Conclusion


Repealed of article 370 and from the Indian Constitution is big change in Indian history. There are many reason to change this law such as article 370(3) provided that notwithstanding anything in the foregoing provision of this article, the president may, by public notification declare that the article shall cease to operative. But the president cannot issue such a notification without recommendation of the constituent assembly but constituent assembly of Jammu and Kashmir is dissolved in 1957. But now president rule impose on the state of Jammu and Kashmir due to failure of law and order. president has a power to issue notification to cease the article 370. It is compulsory that Law made by the Parliament for other state is also applicable to the state of Jammu and Kashmir because law which made by the Parliament for the interest of public enlarge. These law is favour and safety of the people of India. Development of the state of Jammu Kashmir is go down but after the revocation of these article the investor can invest in state of Jammu and Kashmir than state development is growing fastly. Union Government can arrange different facility such as hospitals, engineering colleges at national level and different policy of the central government etc. No Muslim women loose their property right after marriage of other state person. This revocation is the welfare of the Jammu and Kashmir’s people. This repealed of article 370 and 35A is great decisions of central government. Home minister of India proposed the revocation and with heavy debate on this proposal in the parliament passed by the government due to this revocation Constitution of India is applicable to the state of Jammu and Kashmir. It provide reservation to the minority classes of the state of Jammu and Kashmir by the government.

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