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8/24/2019 Essay on Article 370, GD Topics, Article 370 Advantages & Disadvantages (J&K) - MBARendezvous.
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Issues over Article 370 - Pros and Cons, History
MBA aspirants must be updated with General Awareness on current topics. General
awareness topics with analytically drawn conclusions will benefit you
in XAT, IIFT, CMAT, MAT, Essay writing, General Awareness sections besides
in GD & PI.
Issues over Article 370
Article 370 of the constitution of India is one of the most debated and controversial
provisions of the constitution. Various stakeholders of this provision don’t argue about
Article 370 over its pros and cons but over emotions. Forget about repeal or
strengthening of Article 370, even a demand for discussion on Article 370 is tantamount
to stirring a hornet’s nest.
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8/24/2019 Essay on Article 370, GD Topics, Article 370 Advantages & Disadvantages (J&K) - MBARendezvous.com
Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional
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and Special provisions, Article 370 accords special status to the state of Jammu and
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Kashmir (J&K). Under Article 370, all the provisions of the Constitution which are
applicable to other states are not applicable to J&K until and unless such provision is
separately passed by the state legislative assembly.
According to this article, except for defence, foreign affairs, finance and
communications, 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.
Read More : Future of Retail Banking in India (/general-awareness/future-of-retail-

banking-in-india/), Rationalization of Subsidies Pros & Cons (/general-
awareness/rationalization-of-subsidies-pros-and-cons/)
Arguments for Article 370
The most vehement support for Article 370 obviously comes from the state of J&K itself.
With insurgency consolidating its roots and, anti-India sentiments also not a rare
phenomenon in the valley, any threat to the Article 370 would definitely pose a law and
order crisis in the valley. In fact, former Chief Minister of J&K Omar Abdullah tweeted in
March 2015, “Mark my words & save this tweet - long after ModiGovt is a distant
memory either J&K won't be part of India or Art 370 will still exist."
However, even on ruling out the people’s protest in J&K and considering it only on legal
basis, removal of Article 370 would not be an easy task. Currently, apart from Article
370, the only other legal proof which sanctions the accession of J&K to India is the
Instrument of Accession signed between Government of India and the then ruler of J&K
Maharaja Hari Singh. Problem with the Instrument of Accession is the inclusion of
provision of plebiscite which has the potential to weaken India’s case in Kashmir issue.
So until there is Article 370, there is no need for a plebiscite.
When Kashmir issue was referred to the United Nations (UN), the UN asked the
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Pakistan to evacuate School
the Pakistan Admissions
Occupied Open
Kashmir (POK) | IBSAT
and 2019
a plebiscite was

recommended in entire Kashmir. However, neither Pakistan evacuated nor India

conducted a plebiscite.
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awareness/bitcoins-a-virtual-money-or-haven-for-speculation/), PM Jan Dhan Yojana:
Pros and Cons (/general-awareness/pm-jan-dhan-yojana-pros-and-cons/)
Arguments against Article 370
In addition to the ruling BhartiyaJanta Party (BJP), almost all right wing organizations
want the scrapping of Article 370 arguing that the article has become the single most
important road block in making J&K an integral part of India. Any legislation passed by
the Parliament is not applicable to the state till it is passed by the state assembly. For
instance, acts like Right To Information (RTI), Right to Education (RTE), schemes like
MNREGA do not have automatic extension to Jammu and Kashmir. Non-residents of
the state cannot buy a property in the state. All these factors have widened the gap
between the Indian Union and J&K state.
Many scholars argue instead of benefitting the state, Article 370 has only caused the
impoverishment of the state and is also the impediment in the progress of the state.
Though Article 370 was considered as merely a ‘Temporary, Transitional and Special’
provision, as the time passes, removal of Article 370 would become more difficult just
like the provision of reservation in jobs which was also a temporary provision only for 10
years at the commencement of the constitution.
And last but not the least; we argue that in the absence of Article 370, only Instrument of
Accession will be a proof of J&K being part of India. But our western neighbour Pakistan
neither has any Instrument of Accession nor Article 370, but still it lays claim over J&K.
Therefore, in any situation, India case would always be stronger than Pakistan.
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awareness/allocation-of-resources-between-centre-and-states/), Importance of
Aksai Chin (/general-awareness/importance-of-aksai-chin/)
Conclusion
ICFAI
The Article 370 Business
is an internal School Admissions
arrangement Open
which says that how |relations
IBSAT between
2019 India
and Jammu and KashmirApply
would be
Nowgoverned. Also in international relations, the most
! (https://bit.ly/2HhBLd7)
important way to substantiate your claim over a territory is to accumulate power. Our
neighbour China had also captured some territory in J&K without any Instrument of
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Accession or any such article in constitution.
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Therefore in most likelihood, even if Article 370 is deleted, it would only effect the
internal relations between India and J&K and would not substantiate the claim of any
foreign power over the state. However, the most common solution for any controversial
problem in India is the status quo. So in this case also, government would prefer its time
tested medicine of status quo in the foreseeable future.
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8/24/2019 Essay on Article 370, GD Topics, Article 370 Advantages & Disadvantages (J&K) - MBARendezvous.

Issues over Article 370 - Pros and Cons, History

Issues over Article 370

Read More : Future of Retail Banking in India (/general-awareness/future-of-retail-

Arguments for Article 370

Apply Now ! (https://bit.ly/2HhBLd7)

recommended in entire Kashmir. However, neither Pakistan evacuated nor India

Arguments against Article 370

Read More : Allocation of Resources Between Centre and States (/general-

Read More : Biscuit Industry in India (/general-awareness/biscuit-industry-in-

Read More : Writing Instrument Industry in India (/general-awareness/writing-

Read More Than 500 GK / Current Affairs Topics (/general-awareness-topics/1.html)

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