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Home » Blog » Historical Background of Article 370 of Constitution of India
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Historical Background of Article 370 of Constitution of India

By manakgoel0123 8 Min Read
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INTRODUCTION

There is saying that “Your life does not get better by chance, it gets better by change.” By Jim Rohn.

The main reason behind the insertion of Article 370 was that the State of Jammu and Kashmir was not ready to get included as a normal state because of the war going on between India and Pakistan over the state due to which Gopalswami Ayyangar a minister in Union drafted the Article 370 and got it inserted in the Constitution of India. While the key drafter of Indian Constitution Dr. Bhim Rao Ambedkar and Sardar Vallabh Bhai Patel had opposed this because they wanted to count it as a united nation not to calculate separate states under one province.

As we all know about some crucial wars taken place between Pakistan and India over the constituency of Jammu and Kashmir like:-

1.      1947 the First Kashmir War

2.      Indo Pakistani War in 1965

3.      Kargil War in 1999

HISTORICAL BACKGROUND

Hari Singh the maharaja (King) of the Kashmir on October 26th 1947 signed an instrument of accession in which it was cleared out that he is surrendering the three jurisdictions to the Government of India namely – external affairs, defence and communications of the state. Further after this the British ruler changed the instrument and somehow convinced the Nehru to overlook the instrument and create new policy for the state and impose it for the benefit of the nation.

The issue of Article 370 was first being dealt in the year 1949 immediately after the republic of India and separation of both the nations namely India and Pakistan. Due to which many politicians and ministers felt threat for the citizens of Jammu and Kashmir. The war taking place in between both the nations was very much disturbing for both citizens and nation. Also the decision of making it a separate state was partly wrong when concerned for the purpose of unity and one nation.

After this a major operation or incident took place in the society when Sheikh Abbdullah was arrested on 9th August 1953 but before that Sheikh Abdullah wrote a letter to Maulana Azad and Nehru’s letter as well as note on Abdullah’s arrest. On 8th August 1953,  an order was passed saying that Sheikh Abdullah has been dismissed from the post of Prime Minister on the order of Sadr-i-Riyasat via a letter and in the same letter it was also mentioned that Bakshi Ghulam Mohammad to be appointed as new Prime Minister of the nation.

Now-a-days when whole of the world is getting developed in every field but this state and it’s residents are not able to grow and develop themselves eventually to keep growing and develop themselves and their city too so as to cope up with the new trends that are being followed out in the world. After so many succesfull years of implementation of Article 370 of Indian Constitution, a case was being filed in the Supreme Court regarding validity of this article as it clearly violates Articles 14, 15, 21 are the basic fundamental rights of any person which are being conferred or given by the Indian Constitution for every citizen is equal. The case was being dealt out and an application regarding the same was sent to the parliament to consider the concerned issue and necessary changes in the Constitution of India. The parliament of India took a decision which evolved each and everything in the society and mindsets of the people by declaring Article 370 to be unconstitutional due to its clear violation of fundamental rights conferred by the Constitution of India for each and every citizen.

But the people of Jammu and Kashmir were not able to accept this change due to which many terrorist attacks, riots, etc., took place for which the Presidential Rule was imposed and a huge number of armed forces were sent there to control the situation and maintain peace in the state. The state is still not allowed to function normally as it is still under army control and many services like mobile networks are not working, social networking sites are blocked, transportation with other states are also limited like airports are available but for limited use, railways have limited its train services in the state, etc.

But for a change the relations between both the nations have improved due to the exposition of Pakistan in front of World Agencies due to which the Pakistani President is trying to improvise the relation between both nations by several steps one of them is opening a corridor for Sikh community to visit their gurudwara situated in the Pakistan’s land. Although due to the several terrorist acts organised or sponsored by the Pakistan are exposed completely because of which Pakistan has now given numerous statements before the World Agencies for not getting indulged in any terrorist act for which they can give assurance. In addition to this recently the Pakistan has released our Air Commander Mr. Abhinanadan Varthman due to the pressure created on them by the international as well as national agencies, on that day it was found that Pakistan is supporting terrorists with finance and supplies required by these terrorist.

CONCLUSION

In the end, it is clear that the Central Government needs to impose this rule of eliminating Article 370 of Indian Constitution and making Jammu and Kashmir a normal state and removing its special provisions provided to it. In addition to this many new reforms were also introduced for the benefit of the people residing there but the approach used by the government was not very much useful as it is never accepted by anyone any change in just one night, because any person will atleast require one day to understand the new rule or changes implemented. But in this case the government has not given any time to the masses to understand the change and its benefits.

Once Prince Philip of England said that

“Change does not change tradition. It strengthens it. Change is a challenge and an opportunity not a challenge.”

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manakgoel0123 November 2, 2019
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