How Article 370 Helped Jammu And Kashmir?

Article 370 of the Indian constitution is an article that gives special status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.

Article 370 apart from granting Jammu and Kashmir special autonomous status it also allows the state to draft its own Constitution and restricts parliament’s legislative powers over the state.

The central government therefore needs approval from the state government for all laws, except those relating to defence, foreign affairs, finance and communications. Also under Article 370 the parliament cannot increase or reduce the state’s borders.

As a result, Jammu and Kashmir residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

It also confers powers such as need of “concurrence of the state government” if the central government plans to make amendments to the concurrent list of subjects.

Under Article 370, the centre can only declare an emergency in the state in case of war or external aggression; this rules out doing so for internal disturbances, unless made specifically at the request of the state government.

Source : Various