A Constitutional Impediment Kashmir Crisis

Introduction
Article 370 of Indian constitution is a temporary provision which grants
special autonomous status under part XXI of constitution of India which
deals with Temporary transitional and special provision, state of
Jammu and Kashmir has been accorded special status under article 370.
All the provisions of the Constitution which are applicable to other states
are not applicable to J&K. For example, till 1965, J&K had a Sadr-eRiyasat for governor and Prime Minister in place of chief minister.
Under British regime, J&K was ruled by maharaja of Kashmir from
1820. Kashmir and Jammu was from 1846 until 1947 a princely state in
the British Empire in India and was ruled by Maharaja Hari Singh.
State was created in 1846 when after its victory in first anglo-sikh war,
the east India company annexed the Kashmir valley and in order to make
good on the financial loss incurred during the anglo-sikh war, the
Muslim majority Kashmir was sold to the Dongra ruler of Jammu under
the preaty of Amritsar. When India & Pakistan got freedom on 15th and
14th of august 1947, Maharaja Hari Singh chose to be neutral joining
neither of the countries. He wanted both India and Pakistan to recognize
his princery state as an independent neutral country like Switzerland.
The provision was drafted in 1947 by Sheikh Abdullah, who had by then
been appointed Prime Minister of Jammu and Kashmir by Maharaja
Hari Singh and Jawaharlal Nehru. Sheikh Abdullah had argued that
Article 370 should not be placed under temporary provisions of the
Constitution. He wanted 'iron clad autonomy' for the state, which Centre
didn't comply with.
According to this Article, except for defense, foreign affairs, finance and
communications, the Parliament needs the state government's

concurrence for applying all other laws. Thus the state's residents live
under a separate set of laws, including those related to citizenship,
ownership of property, and fundamental rights, as compared to other
Indians. As a result of this provision, Indian citizens from other states
cannot purchase land or property in Jammu & Kashmir. Under Article
370, the Centre has no power to declare financial emergency under
Article 360 in the state. It can declare emergency in the state only in case
of war or external aggression. The Union government can therefore not
declare emergency on grounds of internal disturbance or imminent
danger unless it is made at the request or with the concurrence of the
state government.

Statement of Problem
Why we need to include special status (Article-370) for Jammu
and Kashmir in our Indian Constitution?

Literature Review
M Laxmikanths book on Indian Polity, an excellent book for
academicians, aspiring civil servants and people with keen interests in
matters concerning politics, the Indian Polity serves as a Bible for
gaining an in depth perspective on the features and trends of the Indian
political system. That book provides special laws which provided to
Jammu and Kashmir.
A G Nooranis book on Article 370: A constitutional history of
Jammu and Kashmir, provides wide range of documents pertaining to
Article 370. He incisively analyses the implications and consequences of
the article for the constitutional democracy of the state and the nation.
From Jammu and Kashmir's accession to India in 1947 to the various
negotiations thereafter.

Objective
1. To know special features given to Jammu and Kashmir

2. The effect of this provision (Article 370) is that the state of J&K
continues to be a part of India
3. To analyze, that article 370 is valid or not according to right to
equality of all states
4. To study different case happened in past where this rule claimed

Hypothesis
Article 370 though titled as Temporary Provision and included in
Para XXI titled Temporary, Transitional and Special Provisions has
assumed place of permanence in the Constitution.

Research Question
1. Was Mr. Jawaharlal Nehru mainly responsible for the Kashmir
issue?
2. Why India always takes soft stand? Shouldnt we be offensive
rather than defensive?
3. Shouldnt the Article 370 of India's constitution be removed?
4. Isnt Kashmir our National Pride? Shall we allow Pak to snitch it
from us?

Scope of Study
By proper amendment in article 370 government can solve the Jammu
and Kashmir issue.

Research Methodology
The study undertaken by the researcher is doctrinal in nature and hence
excludes field study. This study is based on the secondary data such as
published writings of legal scholars, other documents originating from
lawmakers, the published written opinions of higher courts, writings in

legal history, and writings in philosophy, legal dictionaries, legal

encyclopedias, textbooks, law reform and policy papers, Journal articles.
First of all we studied about why this special constitution is applied for
Jammu and Kashmir, so we studied about history of Jammu and
Kashmir.
Then we studied about which are precondition for joining of Jammu and
Kashmir with India at time of accession.
We will study about special features provided to Jammu and Kashmir
according to article 370.
We will study how Jammu and Kashmir will affect differently than other
states of India.

Chapterisation
Chapter
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5

Title
Introduction
Constitutional History of J&K
Features of article 370
Implication of article 370
Bibliography