J&K-CENTRE TIES WILL SNAP IF ARTICLE 370 GOES: MEHBOOBA
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Hitting back at Finance Minister Arun Jaitley for advocating repeal of special status for Jammu and Kashmir, Former chief minister Mehbooba Mufti said, the relationship between the Union and the State would be over if Article 370 of the Constitution is revoked.
- In the month of March, Arun Jaitley advocated repeal of J&K’s special status and said the Article 35A, which restricts Non-Permanent Residents from buying property in the State, is “Constitutionally Vulnerable” and was hampering economic development of the State.
- As a reply, Ms.Mufti says, if you scrap Article 370, the relation between Indian Union & Jammu and Kashmir will be over. Article 370 acts as a bridge between the Union and the State
- The constitutional relationship between J&K and the Indian Union has been the subject of numerous discussions in recent times. This has rekindled the long-standing debate on the continued relevance of Article 370.
- As in Article 370, the provisions of the Indian Constitution do not automatically apply to J&K. To extend constitutional provisions and amendments to the State, a presidential order to that effect has to be passed.
- This order requires the concurrence of the State government, where the subject matter does not relate to the subjects specified in the Instrument of Accession (defence, external affairs, and communications). For other cases, only consultation is required.
- Accordingly, a 1954 presidential order extended various provisions of the Indian Constitution to J&K. This order was made with the concurrence of the State government and also ratified by the State Constituent Assembly.
- After the J&K Constitution came into effect in 1957, the State Constituent Assembly was dissolved. Since then, more than 40 such orders have been made, through which most constitutional provisions have been extended to the State.
- Some experts take the view that the sheer number of such orders, as well as the circumstances under which they were made, have considerably eroded J&K’s special status under Article 370.
- Having said this, it is also important to note that the state of J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.