Article 370: Rights and Facilities to Kashmiri Citizens
After Indian independence, Jammu and Kashmir (J&K) had also been liberated on August 15, 1947. At the time of India's independence, Raja Hari Singh was the ruler of J&K. Raja Hari Singh wanted to keep his principality as independent state.
But on October 20, 1947, the Pakistan-backed "Azad Kashmir Army" along with the Pakistani army invaded Kashmir and grabbed a part of Kashmir (now this area is known as POK).
In this situation, Maharaja Hari Singh, signed the "Instruments of Accession of Jammu and Kashmir to India" with then PM of India, Pt. Nehru on October 26, 1947.
Under this agreement the state surrendered three subjects (defence, communication and external affairs) to the dominion of India.
The Article 306A was enshrined as Article 370 in the constitution as a “temporary provision”. Sheikh Abdullah did not want that temporary provision and insisted for guarantee of autonomy but India did not accept that.
So the provisions of the article 370 came into force from 17 November, 1952. Now let’s understand the key provisions of the article 370 of the Indian constitution.
Article 370 gives the following rights and facilities to the citizens of J & K;
1. Jammu & Kashmir; is an integral part of the Indian Union. But its area, name and boundary can’t be altered without the consent of the state assembly.
2. According to this article, the central government has to get approval from the state government to implement all other laws except defense, foreign affairs and communication in the state.
3. Jammu and Kashmir has its constitution because of article 370 and its administration is run accordingly not according to the Constitution of India.
4. J & K has 2 flags; One of Kashmir and another is India's Tricolor flag.
5. The citizens of other Indian states can not buy any property or kind of any property in this state. It means, the fundamental right to property is still in force in this state.
6. The people of Jammu and Kashmir have two types of citizenship. One is Indian citizenship and another is Kashmiri citizenship. Worth to mention that no other Indian can have two citizenship simultaneously.
7. If a Kashmiri woman marries an Indian, then her Kashmiri citizenship terminates, but if she marries a Pakistani, it does not affect her citizenship status.
8. If a Pakistani boy marries a Kashmiri girl, he gets Indian citizenship too while Indians don’t have this privilege.
10. Part 4 of the Indian Constitution (Directive Principal of State Policy) and Part 4A (Fundamental Duties) are not applicable in this State.
It means the citizens of Kashmir are not bound to save the cow, maintain the dignity of the women and respect the National Flag of India.
11. One of the most shocking right is that Insulting National Symbols of India (National Anthem, National Flag etc.) in J & K does not fall under the category of crime.
12. The President of India does not have power to declare financial emergency in the state.
13. Any amendment in the Constitution of India does not apply automatically to J & K unless a special order of President is not passed.
14. The Central government can impose National Emergency in the state in two conditions only; war and external invasion.
15. The President has no power to suspend the constitution of the state on the ground of failure to comply with the directions given by him.
16. If the national emergency is imposed in the country on the basis of internal disturbance; this emergency is not applicable in the Jammu and Kashmir until it is approved by the state government.
17. The Central Government can not impose National Emergency in the state on the basis of internal disturbance in the state. The central government must take the permission of state government before doing so.
18. Only the resident of the Kashmir can take selection in the jobs of the state government.
It is clear from the facts given above that Jammu and Kashmir is a integral part of the Indian but this state have some special provisions for its citizens which are not enjoyed by the other Indians.
The main reasons behind terror and uproar in Jammu and Kashmir are selfish interests of some separatist leaders. These separatist leaders provoke the children’s of the poor families for terror activities while their children study abroad.
Now this is the need of the hour that the people of Kashmir understand the selfish interests of these separatist leaders and re-establish peace and prosperity in this region.