Since the time of inception of Article 370 in the Constitution of India under Temporary and Trans... more Since the time of inception of Article 370 in the Constitution of India under Temporary and Transitional Provisions, its continuation is a big question for those who are against the said article for various reasons. Kashmir is and was always been a very sensitive issue for India. And the recent debate started by the State Minister Jitendra Singh wherein he stated that we are asking people for their opinion whether the article 370 should remain in force or should get abrogated, has again created a great political agitation in the Country once again. Article 370 was introduced to the Constitution of India after the State of J & K was acceded to India through an Instrument of Accession on 26 th October 1947 for the purpose of giving protection to the people of Kashmir as Raja Hari Singh asked for it from the Union Government when he found himself unable to deal with various abnormal conditions of the State prevailing at the time of Independence. There were frequent cease fire from Pakistan and various religious agitations going on at that time. Due to all this J & K had been given special status under Article 370. Now after 67 years of India's Independence the most important issue is that now the conditions are not same as it was during independence because of which Kashmir was given special status under Article 370 and the same was put under the temporary provisions. Also, Article 370 is in question as the it is beneficial only to the rulers of the State and for subjects it does not seems to be of much significance. The purpose of this paper is to study various implications of Article 370 and whether it should continue or not.
Since the time of inception of Article 370 in the Constitution of India under Temporary and Trans... more Since the time of inception of Article 370 in the Constitution of India under Temporary and Transitional Provisions, its continuation is a big question for those who are against the said article for various reasons. Kashmir is and was always been a very sensitive issue for India. And the recent debate started by the State Minister Jitendra Singh wherein he stated that we are asking people for their opinion whether the article 370 should remain in force or should get abrogated, has again created a great political agitation in the Country once again. Article 370 was introduced to the Constitution of India after the State of J & K was acceded to India through an Instrument of Accession on 26 th October 1947 for the purpose of giving protection to the people of Kashmir as Raja Hari Singh asked for it from the Union Government when he found himself unable to deal with various abnormal conditions of the State prevailing at the time of Independence. There were frequent cease fire from Pakistan and various religious agitations going on at that time. Due to all this J & K had been given special status under Article 370. Now after 67 years of India's Independence the most important issue is that now the conditions are not same as it was during independence because of which Kashmir was given special status under Article 370 and the same was put under the temporary provisions. Also, Article 370 is in question as the it is beneficial only to the rulers of the State and for subjects it does not seems to be of much significance. The purpose of this paper is to study various implications of Article 370 and whether it should continue or not.
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Papers by Nimisha Mishra