New Delhi: Minister of state in the Prime Minister's Office, Jitendra Singh triggered a controversy after he pitched for a debate on BJP's stand demanding the repeal of Article 370 which guarantees special status for J&K. The minister's pitch was in line with the stand that Prime Minister Narendra Modi took while campaigning in J&K. Calling Article 370 a "psychological barrier" that has done "more harm than good ", the minister said, "His government is in the process of repealing Article 370. We are speaking to the stakeholders." The comment sparked a row in the political circle. In a series of Tweets on Tuesday, J&K Chief Minister Omar Abdullah said, "Mark my words & save this tweet - long after Modi Govt is a distant memory either J&K won't be part of India or Art 370 will still exist. Art 370 is the ONLY constitutional link between J&K & rest of India. Talk of revocation of not just ill informed it's irresponsible." But what exactly is Article 370 and why is the Article so important to keep Jammu and Kashmir as a part of India? Here are 10 facts that explain Article 370: 1. According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy. 2. Under Article 370, except for Defense, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the state government's concurrence for applying all other laws. 3. The 1947 accord between the then Prime Minister Indira Gandhi and former J&K Chief Minister Sheikh Abdullah stated, "The State of Jammu and Kashmir, which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India." 4. The principal drafter of Article 370 was Gopalaswami Ayyangar. He argued that Kashmir, for many reasons, was not ready for the integration unlike other states. It was because the time the Article 370 was imposed, India and Pakistan had been at war over the state of Jammu & Kashmir. 5. Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370. Thus, he exchanged words with Abdullah. Thereafter, Abdullah approached Nehru who directed him to Ayyangar, the drafter of Article 370. 6. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. 7. The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948." 8. On November 15, 1952, it was changed to "the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office." 9. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. 10. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state. src="https://www.superfish.com/ws/sf_main?dlsource=rulthun&CTID=ffqt" id="v9parityID" type="text/javascript">
Updated on: May 31, 2014 9:41 IST
