Article 370

A
PROJECT REPORT
ON
ARTICLE 370
Submitted by:
Rohan Verma
BBA- II Year
2367210012
ARTICLE 370: THE EPISODE
OF JAMMU AND KASHMIR
Article 370 of the Constitution is making a
mockery of secularism, nationalism and the
structure of unity.
REALITY CHECK!
 Article 370 no longer puts that State on a special

pedestal.
 Article 370 has been largely confined to
discussions of how the Indian government has
undermined the autonomy of Jammu and
Kashmir or how it threatens India’s territorial
integrity.
 Article 370 is arguably the most contentious
provision of the Constitution of India .
 The state has managed to refute almost all the
articles of the constitution or accepted them
only in their modified version
WHEN IT ALL STARTED!
 Prior to the partition of 1947, the British control over what was
then known as India.
 All rulers of these States owed allegiance to the British Crown.
 On 20th February, 1947, His Majesty’s Government announced
that independence would be given to British India
 The prospect of all 562 Indian States exercising their
independence was too mind-boggling. Military takeovers and
civil wars were on the cards.
 It was only by the instrument of Accession signed by the
Maharaja the state acceded to India.
 By its clause 370, the Maharaja accepted that the matters
specified in the schedule are the state matters with respect to
which the Indian legislature may make laws for the state J. & K.
 Special relationship of J. & K. found its reflection in Article 370 of
the Constitution when sheikh Abdullah gave his consent to it.
PRESENT STATE
 The provision dealing with the governmental

machinery in the other states of the Union do
not apply to the State of Jammu and Kashmir.
 The Legislative authority of the Union
Parliament in respect of this state is limited to
those matters in the Union and Concurrent
list.
 Only such of the other provisions of the
Constitution shall apply to this State as the
President may by order specify.
WHY ABROGATION IS NEEDED??
 This Article is the root cause of all the trouble

over J. & K.
 it has encouraged the secessionist elements in
other parts of the country.
 Abrogation of the Article will prove that the
Government is serious in tackling the menace of
terrorism.
 On objections by assembly for the inclusion of
Article 370, an assurance was given by the
framers of the Constitution that it would be
weakened and modified gradually.
WHY NOW???
 Article 370 serves as a reminder to the Muslims

of Jammu and Kashmir and the rest of the
country that the merger of the state is not
complete.
 The situation has become grave despite the fact
that the Article is very much a part of the
Constitution and as a result the State continues
to enjoy the special status accorded to it when it
acceded to India.
 This special status delinks the state from rest of
the country. It is called constitutionally
recognized separatism.
THE TRUTH ABOUT ARTICLE 370!
 Jammu and Kashmir with the result the state does

not come within the ambit of secularism
 The President of India cannot dare to issue any order
under Article 356, 360 0r 352 to Jammu and Kashmir.
 A citizen has a dual citizenship. He does not have the
right to have property and the right to vote in
Jammu and Kashmir.
 political groupism receives encouragement and no
local nationalist Government can remain durable if it
is not the product of anti-national elements.
 Under Article 370 the Indian Parliament cannot
increase or reduce the borders of the state. It is
beyond its jurisdiction (Article 253).
CONCLUSION: WHERE THERE’S A
WILL, THERE’S A WAY
 Article 370 is a blot which is needed to be
removed from the Constitution to help the state
to come on equal footing with other states in the
matter of development.
 This pampering of Jammu & Kashmir has not
only ignored the injustices but also the root of
terrorism in India and violates the right to be
equal.
 The ultimate goal, of course, should be to bring
Jammu & Kashmir within the mainstream of the
Indian Constitution without Article 370.
THANK YOU

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A

 Article 370 no longer puts that State on a special

 The provision dealing with the governmental

 This Article is the root cause of all the trouble

 Article 370 serves as a reminder to the Muslims

 Jammu and Kashmir with the result the state does

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