The Supreme Court has announced to elimination of Article 370 for Jammu and Kashmir after a 16-day long hearing but what is Article 370? “Article 370 of the Indian constitution explains how J&K can be an independent constitution without including J&K into India”. Here you will gain knowledge over the influence of Article 370 and why the Supreme Court ordered to eliminate Article 370 over J&K.
Article 370:
The small story of Article 370 started on 20th October 1947 when the people of J&K asked for the aid of military power from India due to an attack of armed tribesmen. This incident granted the control of the defence, external affairs and communications of J&K to India while other aspects should be retained by the J&K ruler itself. Due to this, Article 370 was introduced with terms that were agreed upon by J&K. Over the years the new terms have been regulated which was agreed by J&K and has given special status to J&K.
A few special powers are provided to J&K as part of Article 370
- Guarantee special status
- State assembly to make its own constitution with separate flag
- Separate set of laws for residents like citizenship, ownership of property and fundamental rights.
- Citizens from other states cannot purchase land or property in J&K.
- The Centre cannot declare Article 360 for a financial emergency.
Jammu And Kashmir – Two Territories:
All these have been provided for J&K until 2019. Later the government decided to turn J&K into two union territories considering it as part of India which led to discussions over Article 370. The parties of J&K have opposed to not eliminating Article 370 as it is their right and not supported to turn J&K into two territories.
Somehow the government decided to make J&K into two territories by revoking Article 370. This revoke led to the termination of special status along with other amendments. Since then the Indian constitution has been directly applied to J&K as well.
PIL On Supreme Court For Article 370 Removal:
The people of J&K have filed the PIL (Public Interest Litigation) about revoking Article 370 of J&Kin 2019 after revoking but the court has been assigned to hear the judgement from a particular bench of judges. In 2023 august the bench started hearings about the revocation of Article 370. However, after a long 16-day hearing the Supreme Court has revealed the judgements. Many were hoping that SC would restore Article 370 for giving special status but the judgement was clear.
Supreme Court Decision On Article 370:
The Supreme Court asked the ECI (Election Commission of India) to conduct elections by September 30th 2024 and has supported the decision of revoking Article 370 which can restore the statehood. It has stated that the president cannot have the power to revoke Article 370.
The SC also revealed that the constitution of J&K has been subordinate to the Indian constitution with handling over its sovereignty upon joining the Union of India in 1947 itself.
Conclusion:
The SC explained that Article 370 was a temporary measure meant only for the integration of Jammu and Kashmir into India not for disintegration. The court has recognized Ladakh as one of the union territories which supported one of the decisions of the court back in 2019. while the government announced to formation of Ladakh as one of the union territories from J&K.
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