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Last Updated: September 23, 2008  1,489 views

Article 370, Jammu and Kashmir and India

in: India

JammuAndKashmir-flag.jpgKashmir is considered as heaven on earth. Yeah, it is right. But for India it is more than a hell. It is one of the root causes of most of the militant activities in India. There are many special privileges given to this state by the Government of India and all due to article 370. It was one of the biggest mistakes the then Indian prime minister Jawaharlal Nehru. Today we will discuss the pros and cons of this article on Indian republic. By the way Jammu and Kashmir is the northernmost state of India and is situated mostly in the Himalayan mountains. It shares a border with the People’s Republic of China to the north-east , the states of Himachal Pradesh and Punjab to the south, Pakistani province of Punjab to the south-west and North western frontier province to north west.

But, due to the LoC limitations, the Line of Control forms the de facto border on the north west region and is bordered by Pakistan administered territories of the erstwhile princely state of Jammu and Kashmir, namely Azad Kashmir and the Northern Areas to the west and north-west. Formerly a part of the erstwhile princely state of Jammu and Kashmir, this territory is disputed between China, India and Pakistan. So Kashmir is divided into three parts each one part taken by India, Pakistan and China respectively. But this article was for article 370.

Jammu and Kashmir is the only state in India which enjoys special autonomy under Article 370 of the Constitution of India according to which, no law enacted by the Parliament of India, except for those in the field of defense, communication and foreign policy, will be extend-able in Jammu and Kashmir unless it is ratified by the state legislature of Jammu and Kashmir.

It is really shameful for India that Jammu and Kashmir has its own flag and constitution. Both are designed by the the ruling National Conference. See the snap in this article, it is the flag of Jammu and Kashmir which features a plough on a red background symbolizing labor substituted the Maharaja’s state flag. The three stripes represent the three distinct administrative divisions of the state, namely Jammu, Valley of Kashmir, and Ladakh. Since 1990, the Armed Forces Act, which gives special powers to the Indian security forces, has been enforced in Jammu and Kashmir due to increased militant activities in valley of Kashmir.

Now I think, it is clear that this article the Indian Constitution made Jammu and Kashmir as a special and different state, which I believe is very dangerous for Indian republic. What will happen when states like Bihar, UP etc will ask for such rights? This article completely ridicules the fact that Kashmir is an inseparable part of India. I can’t buy property there. It is like a foreign land for people of other states. This is the main reason behind the migration of all the Hindu Kashmiri Pundits from this state. Even Pakistan has always tried to exploit this article to raise the question that Kashmir is not an integral part of India. What do you think about this issue? Post your comments.

To read the complete article 370 Click Here.

  • 1

    “””Kashmir is considered as heaven on earth. Yeah, it is right. But for India it is more than a hell. “””

    I thought Bihar was Hell..and kashmir is lost paradise…I am writing this comment even before i read full article…Its totally unjustified to call one of our country part like that….I remember you were very sentimental about people calling similar things about Bihar…. So mind it boy. don’t ovestep it and maintain single standard…

    Rohit on September 22nd, 2008
  • 2

    in wha way J7K is different from maharashtra, Bhar and UP?
    why Muslim followers always sicks special righs every where they stay on the earth.
    there are around 52 Muslim countries in the world name a single country where a PM or president is non Muslim. but indian President is a Muslim.
    name a single country that gives subsedy on huz…
    HIndu population in Pakistan and bangladesh has dropped has gone down by 90% but muslim population in India has increased from 10 to 15 % since sepration.
    India is a Muslim minority state where muslims are given special previllages…
    after know these facts would you still consider article 30 a firght decision

    Ashish on January 11th, 2009
  • 3

    It is all due to poor foriegn policies of Pandit Nehru and weaknesses of Indian government.

    abhishek on January 12th, 2009
  • 4

    I would like to comment on Mr. Ashish post, how many states ( any of 52 Muslim countries ) has such a huge percentage of minorities where people are asking for special previligious. Other than that, how many states are democratic state out of these 52 mentioned.
    When we are talking about democratic state, there are certain sense of security and basic level of acceptance is required for minorites and may be express in democratic way if something is lacking. Im not trying to justify art.370 but it had happend past and now leadrship is reviewing that not to give access to these rights if its the part of single country.

    Asif Khan on April 29th, 2009
  • 5

    Hello Abhi!
    I appreciate your sincere concern toward the issue of Kashmir in general and article 370 in particular. But I also believe that you write excellent blogs on technology, CAT and entertainment and should stick to just that.
    Article 370 is an intricate diplomatic decision which the government had taken as a strategic step toward establishing control of J&K’s situation..
    And many a times, special provisions are required to tackle special situations. Lets see for example, Hong Kong’s special status by republic of China..
    Don’t get all emotional just by the fact that a Muslim majority state is receiving special treatment. Believe me when I sat that there’s much more to this situation than what meet the eyes..

    Kind regards,
    An expert on this issue

    James on August 31st, 2009
  • 6

    Hello Abhi,
    No doubt you have covered a good amount of info on the topic but i believe you havent done your homework well you seem to be knowing article 370 of the past it has been modified (If not directly but indirectly) Just to give an example the not able to buy land by outsider has been amended to allow any indian to buy land (This clause persisted due to the earlier status of a princely statehood of JAK). There and also many more states (Gujarat Nagaland Maharashtra Mizoram Lakshwadeep to name a few) have special provisions mentioned in article 371 371A and the following ones and let me tell you nehru was one of the best foreign policy makers dig some more info into his policies you will understand his intricacies (NAM is a splendid example of one such policy who else had the guts and the shrewdness back then to so blatantly say no to either of the superpowers) And the kashmiri pandits did not migrate from there because of the aforesaid reasons but because of the ethnic cleansing which happened in the late 40s in fact such attrocities happened form both sides but we dont see what happened to msulims in punjab or Bihar but only to hindus in kashmir sikhs in lahore etc the fact is attrocities happened and happen on both sides. Mainly my point is we need to look deeper into such provisions before post anyblog on such matter because anyone doing the clauses would have done a tremendous amount of research which we might never even think of. And Mr Ashish you seem to be angry about the muslims extracting a few privilages and subsidies but remember what people from our own communities did to them (Can you name a single hindu temple destroyed by muslims in india tell me how many riots happened before 1992 and what is the RIOT/YEAR % after 1992 and a bit research on who started them and where then you will then understand what i am talking about) These anti communal sentiments are promulgated by a few selfish politicians for their own ends let us not be blurred by them let us think as indians and see humans as humans then we will be able to make unbiased judgements.


    Nikhil on December 2nd, 2009
  • 7

    Please comment after deep study of the history of Kashmir. Read a articles given in the following link which will give you a complete story of Kashmir. Then you will realise that Why India give special rights to Kashmir under Article 370.

    Dhananjay on September 6th, 2012