Special Status to J&K: Is It Now Impossible To Remove Article 370?

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Article 370
Article 370

The Article 370 of the constitution, which gives special status to Jammu and Kashmir, has been in news once again. During the hearing on Tuesday, 3 April 2018, the Supreme Court said that Article 370 is not a temporary provision. The court said that it has already clarified in its judgment of 2017 in the SARFESI case, that Article 370 was “not a temporary provision.

Article 370
Article 370

In fact, the High Court had rejected the petition of Kumari Vijayalakshmi Jha for declaring Article 370 as temporary on April 11, 2017. After her plea was rejected, Vijayalakshmi approached the Supreme Court against this decision. On the ongoing hearing in the Supreme Court, Justice AK Goel and Nariman Bench said this issue is related to the decision given in the SARFESI case.

Additional Solicitor General Tushar Mehta, who appeared on behalf of the Centre during the hearing, said that this case should be heard after some time because such cases are pending in the court and they are likely to be soon heard.

Seniour advocate Shoaib Alam protested

Article 370
Article 370

Senior advocates Rajiv Dhawan and Shoaib Alam, appearing on behalf of Jammu-Kashmir government, made it clear that other pending matters before the Supreme Court are notrelated to Article 370 of the Constitution but Article 35-A. Dhawan said that the cases cannot be heard with the existing case, which is only related to Article 370. After this the bench adjourned the matter for hearing by three weeks on the insistence of the ASG.

The government had given this statement before

Article 370
Article 370

MoS Home Affairs Hansraj Ahir had told in the Lok Sabha on March 28 that the central government is not considering the removal of Article 370, which gives special status to Jammu and Kashmir. In a written reply to the Lok Sabha on the question of dismissing Article 370, Ahir said that no such proposal is pending before the government. Let us inform you that the Bharatiya Janata Party had said in its manifesto for the 2014 Lok Sabha elections to end the Article 370.

J & K Privileges

Article 370
Article 370

* Centre needs the approval of the state government to implement the law related to any subject.

* Due to this status , Article 356 of the Constitution on the State of Jammu and Kashmir does not apply here. Hence the President does not have the right to dismiss the constitution of the state.

* People of other states of India cannot buy land in Jammu and Kashmir.

* Section 360 of the Indian Constitution, which deals with imposing financial emergency in the country, also does not apply to Jammu and Kashmir.

Important Things related to Section 370

Article 370
Article 370

* The citizens of Jammu and Kashmir have two citizenship – one from Jammu and Kashmir’s and then India’s.

* Jammu and Kashmir has its own separate national flag.

* In Jammu and Kashmir there is no insulting crime of national flag or national symbols of India. For example, if you go to Jammu and Kashmir and insult India’s tricolor then it will not be considered a crime.

* The Supreme Court of India i.e. Supreme Court’s orders are not accepted within Jammu and Kashmir.

* If a woman from Jammu and Kashmir marries a person from another state of India, the citizenship of that woman will end. Significantly, there is a government of BJP- and PDP coalition in Jammu and Kashmir.

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