This is why article 370 was created
Article
370 is one of the most controversial provision provided to Jammu and
Kashmir, drafted under part XXI of the Indian Constitution. This Article
provide special immunity to J & K and grant special autonomous
status to the state. The Article 370 was created as an instrument to accede state of Jammu and Kashmir to the Indian Union.
From
where this problem of article 370 arises? Lets dive deep into the
history. It was the time when transfer of power was happening i.e when
we were about to be accorded the freedom. On 20th February, 1947, His
Majesty’s Government announced that independence would be given to
British India, the plan was to create two independent dominions of India
and Pakistan based on the Hindu and Muslim majority areas of the
various provinces of British India. Policy framed by Britishers
announced that with the withdrawal of paramountcy, the princely States
would become ‘independent’. However neither the Cabinet Mission nor
British government thought about the future of 562 independent princely
states. The idea of 562 states exercising their own power was too dangerous
and chaotic, civil wars was on the card, may be what Britishers would
have wanted.
Situation
was different with Jammu and Kashmir- the largest of the three. A
Hindu ruler, Maharaj Hari Singh, were ruling over the majority of Muslim
population. Pakistan soldiers along with Pathan tribesman invaded this
state (Brief History of India Pakistan wars over Kashmir), creating chaos and spreading disturbances. In the state of panic
he signed the agreement and accede to India, but unlike others he
refuse to accept the constitution of India. He insisted that, as
provided by clause 7 of the Instrument of Accession, it was not
committed to accept the future Constitution of India. Instead, it
decided to have its own separate State Constitution.
This
stand of Jammu and Kashmir raised a major legal hurdle before the newly
created nation, and hence, the Indian Constituent Assembly was
compelled to make a special provision to cover the particular and
exceptional case of Jammu & Kashmir. And that special provision is what we call today 'Article 370', which is a hot topic of discussion in political and social circles of India.
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