What is Article 370 of the Constitution of India ?

History of Article 370 of constitution of India :

Article 370 provides certain provisions to the state of Jammu and Kashmir , giving it special autonomy .

Maharaja Hari Singh who was the King of Jammu and Kashmir wanted it to be called another Switzerland . He did not want to merge Jammu and Kashmir with Pakistan or with India . But Pakistan unfairly attacked Jammu and Kashmir and due to a weak armed force Hari Singh was forced to ask India for help . India agreed to help only if Jammu and Kashmir would merge with India . Hence , there was an agreement signed between Maharaja Hari Singh and Jawahar lal Nehru

on 26 October ,1947 . And also a special privilege was given to the citizens of J & K under Article 370 ( eventually written by Gopalaswami Ayyangar ) .

What is Article 370 ?

Article 370 of the constitution of India gives special privilege to the J & K citizens which are :

1 . The Jammu and Kashmir citizens have dual citizenship .

2 . The term period of Jammu and Kashmir legislative assembly is of 6 years unlike that of other states of India .

3 . The order of Supreme court are not valid in Jammu and Kashmir .

4 . Only a permanent resident of Kashmir can own a land in Kashmir . No outsider can have a land in Kashmir .

5 . A Women who marries an Indian of the other state would no more have its Kashmiri citizenship . Whereas if she marries a Pakistani , her citizenship will be the same ( ie, of a Kashmiri )

6 . Except for defence , foreign affairs and communication , all the other laws have to be passed by the State government .

7 . All the bills passed by the parliament , should also have to pass by the State government .

Example : The RTI can not be filed by the Kashmiri citizens because the RTI bill is not passed by the State government .

8 . The Article opposes the implementation of national emergency and financial emergency under Article 352 of the Indian constitution . The emergency can only be imposed in case of external aggression .

9 . Shariat law is applicable for women of Kashmir.

10 . RTE is also not implemented in Kashmir .

11 . Special provision under Article 35 A allows the State to prefer the citizens for :

• Employment under the State government .
• Acquisition of immovable property in state .
• Settlement in the State .
• Right to scholarship and such other forms of aid as state government may provide .

Pros of the article 370 :

1 . No outsider is allowed to purchase land in Jammu and Kashmir .

2 . It's difficult for outsiders to establish business in Kashmir , so the citizens of Kashmir get an advantage here as there is less competition and more opportunities for the citizens .

3 . Unlike Delhi NCR , there is no population blast in Kashmir because of low settlement of people of other states in Kashmir .

4 . Local brands are still running .

5 . Low crime rate ( but high terrorism ).

Cons of the article 370 :

1 . Lack of medical facilities because there are less private hospitals and the condition of government hospitals are poor .

2 . Due to lack of employment , youths enroll themselves in terrorism .

3 . No industrial sector available .

4 . Corruption is more in J & K than from other states .

5 . Only Muslims can become Chief ministers of J & K . So the politics is run in the name of religion there .

6 . Poor education and low GDP .

Gender bias :

Many claim that the article is gender biased as it gives more benefits to men not to women .

But this is only for the land and marriage case as I have mentioned above .