Article 370 of the Indian Constitution granted special autonomy to the region of Jammu and Kashmir. It was included in Part XXI of the Constitution, which deals with "Temporary, Transitional and Special Provisions." The article was designed to recognize the unique circumstances under which Jammu and Kashmir became a part of India in 1947.
Key Provisions of Article 370:
Autonomy: Jammu and Kashmir had its own Constitution and was allowed to make its own laws in all matters except for defense, foreign affairs, finance, and communications. Indian laws could only be applied to the state with the concurrence of the state government.
Presidential Order: The President of India could issue orders to apply certain provisions of the Indian Constitution to Jammu and Kashmir, but only with the agreement of the state government.
Temporary Nature: Article 370 was intended to be temporary, pending the final resolution of the status of Jammu and Kashmir. However, it remained in place for decades.
Dual Citizenship: Residents of Jammu and Kashmir were considered citizens of both India and the state of Jammu and Kashmir.
No Right to Property: Non-residents were not allowed to buy land or settle in Jammu and Kashmir, a measure intended to protect the state's demographic composition.
Abrogation of Article 370:
On August 5, 2019, the Government of India, led by Prime Minister Narendra Modi, took a historic step by abrogating Article 370 through a Presidential Order and a subsequent resolution passed by the Parliament of India. This move effectively removed the special status granted to Jammu and Kashmir and brought the region under the same set of laws that apply to the rest of India.
Consequences of the Abrogation:
Full Integration: Jammu and Kashmir was fully integrated into India, and Indian laws now apply uniformly across the region.
Reorganization: The state of Jammu and Kashmir was bifurcated into two Union Territories: Jammu and Kashmir (with a Legislative Assembly) and Ladakh (without a Legislative Assembly).
Impact on Property and Residency: With the abrogation of Article 370, the restrictions on property ownership and residency were lifted, allowing people from other parts of India to buy property and settle in the region.
Controversy and Reactions: The abrogation of Article 370 was met with mixed reactions. While many supported the move as a step towards national integration and development, others criticized it as unconstitutional and feared it could lead to unrest in the region.
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