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Essay on Article 370 of Indian Constitution

Article 370 of the Indian Constitution provided special rights to the Indian state of Jammu and Kashmir. It gave most of the power to the government of this state. Centre was left with limited power over J&K.

Article 370 has recently been scrapped making it a historic event which is expected to change the face of the state for good. This move has received mixed reactions from political parties and general public though it has largely been appreciated.

Long and Short Essay on Article 370 of Indian Constitution in English

Here are long and short essay on Article 370 of the Indian Constitution of varying lengths to help you with the topic in your exams. These Article 370 essay are written in simple English language to easily convey the information, yet it does so effectively. These Article 370 essays will let you have a deeper understanding of article 370, its removal and repercussions.

After going through the following essays you will know about Article 370 and its provisions; history of Article 370; advantages and disadvantages of Article 370; how was it revoked; what will be the consequences of scrapping Article 370; what bills were passed for its revokal, etc.

Short Essay on Article 370 – (200 Words)

Article 370 that came into effect in the Indian state of Jammu and Kashmir in the year 1949 was supposed to be a temporary provision; however, it continued for decades even though many political leaders and other prominent people in the county demanded its revocation from time to time.

The article exempted J&K from the Indian Constitution. The state attained the right to make its own laws related to any matter except foreign affairs, communications and defence.

The state government thus went on to draft a separate constitution. It also came up with a separate flag. The Fundamental Duties mentioned in the Indian Constitution were not applicable in J&K. It had its own set of rights and duties.

The condition of the state hasn’t been very good ever since the enforcement of Article 370. Life of people in the Kashmir region has especially been miserable. The place is prone to terrorist attacks.

Article 370 has been seen as a hindrance in the development of the state. It is also known to be a cause of growing corruption and terrorism in the state.

As per the constitutional order passed by Indian President Ram Nath Kovind on 5 th August 2019, Article 370 stands ineffective. The decision has been taken to improve the condition of J&K and its citizens.

Essay on Article 370: Enforcement – (300 Words)

Introduction

Article 370 of the Indian Constitution was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. However, soon after it came to be known as a permanent feature of the Indian Constitution. It has remained in effect in J&K for decades.

The Origin of Article 370 of the Indian Constitution

Article 370 was drafted by Sheikh Abdullah in the year 1947. Abdullah had been appointed as the Prime Minister of Jammu and Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of Kashmir.

Abdullah wanted complete autonomy for J&K and demanded that Article 370 must not remain a temporary provision. However, the Centre deemed this demand unreasonable and did not approve of it.

Special Status Given to Jammu and Kashmir

As Article 370 came into being, the Constituent Assembly of Jammu and Kashmir gained special power wherein it got the right to recommend the articles of the constitution that should be enforced on the state. It even got the power to annul Article 370 altogether.

Article 35 A and Article 370 together stated that a different set of laws apply for the residents of the state of J&K. The Indian Parliament could only exercise laws related to finance, defence, communications and foreign affairs in the state.

It required the approval of state government for applying all the other laws. The residents of J&K enjoyed completely different laws when it came to ownership of property, laws related to citizenship and fundamental rights.

As per the laws enforced by the state, the Indian citizens from other parts of the country were denied the right to purchase property in Jammu and Kashmir.

The residents of J&K fear that the scrapping of Article 370 may hamper their local business and thus be a threat to their livelihood. Adapting to the changes that are likely to follow this big decision also seems to be a cause of concern for the residents of J&K. Their concerns are genuine. We hope the condition of the place improves henceforth.

Essay on Article 370: Advantages and Disadvantages – (400 words)

Article 370 of the Indian Constitution that gave special power to the state of Jammu and Kashmir was annulled on 5 th August 2019. The decision taken by the Centre has been appreciated by several political parties, leaders, celebrities and majority of general public. However, many others have criticized it outright. Article 370 had few advantages and several disadvantages.

Advantages of Article 370 of the Indian Constitution

Here is a look at the advantages of Article 370:

1) Article 370 is advantageous for the citizens of J&K. The state gives priority to the interest of its local citizens. There is less competition in the state and greater opportunities for its citizens.

2) J&K boasts of its local handicraft items. The government of this state has kept its culture and local businesses alive. It has always encouraged local businesses over foreign brands.

This is the reason why several local brands are running in the state. This means more work, greater growth opportunities and good income for the locals.

Disadvantages of Article 370 of the Indian Constitution

Here is a look at the disadvantages of Article 370:

1) The state of J&K hasn’t developed as much as the other parts of the country. This is particularly true when we look at the medical facilities here. The condition of the hospitals and healthcare centres in the state are not that good.

2) The law and order in J&K is weak because the centre is not allowed to intervene. This has given rise to terrorism in the state. Terrorism is a major concern here and nothing much is being done to fight it.

3) Corruption in the state is high due to its alienation from the centre. There is no check on the government of J&K. It makes its own laws and works as per its convenience.

4) Article 370 prevented the implementation of Right to Education in the state. This is why students were forced to move to other states.

5) Outsiders cannot establish business in J&K. Professionals and industrialists are not allowed to settle here. This is a major hindrance in the growth and development of the state.

6) This provision is anti- women in nature. It has led to extreme gender bias in the state.

The disadvantages of Article 370 of the Indian Constitution clearly outweigh its advantages. The atmosphere of tension in the state is a clear evidence of the same. Scrapping of Article 370 seems like a ray of hope for the state that has been gripped by terrorism since long. We hope it sees better times ahead.

Long Essay on Article 370 – (500 words)

Article 370 is a temporary provision in the Constitution of India. It provides special autonomous status to the Indian state of Jammu and Kashmir.

The provisions of the Indian Constitution that are applicable to other states of India are not applicable to J&K.

The article was adopted in November 1956 and was enforced in the state in January 1957 by Sheikh Abdullah.

Special Provisions in Jammu and Kashmir as per Article 370

Some special provisions were made in Jammu and Kashmir as Article 370 came into force in the state. These include:

  • J&K acquired different national flag.
  • Insulting the national flag and national symbols is considered a crime in India. It is a punishable offence. But this rule did not apply in J&K.
  • The highest court orders in India did not apply in J&K.
  • Jammu and Kashmir citizens enjoyed dual citizenship.
  • Women in Kashmir had to abide by the Sharia law.
  • The tenure of the Assembly of J&K was 6 years unlike other Indian states in which the Assembly tenure is 5 years.
  • RTI, RTE and CAG were not applicable in Kashmir.
  • The J&K citizenship of a woman who married a person from another Indian state ended. On the other hand, if a woman from the state married someone from Pakistan, he acquired J&K citizenship.
  • If a Pakistani married a Kashmiri girl, he acquired Indian citizenship.
  • Article 370 did not allow people from other states to purchase property in J&K.
  • The minority group in Kashmir that consists of Hindus and Sikhs did not get 16% reservation.

Changes after the Revocation of Article 370

Now that Article 370 has been revoked, Jammu and Kashmir will no longer enjoy the autonomous status. All the special powers that came with this article have been annulled. Here are some of the other changes that are being brought about:

  • All the residents of J&K shall be entitled to single citizenship only.
  • Article 360 that is enforced during financial emergency is now applicable in J&K.
  • People from other states shall be able to purchase property in J&K.
  • Duration of Legislative Assembly has been changed to 5 years.
  • RTI will be applicable in J&K.
  • Minorities will be eligible for 16% reservation.
  • Children will benefit from the Right to Education.
  • Directive Principle of State Policy shall be applicable.
  • J&K will not have a separate flag.

The Atmosphere in J&K as Article 370 Revoked

J&K’s prominent leaders, Omar Abdullah, Sajjad Lone and Mehbooba Mufti were under house arrest as the bill for abolition of Article 370 was passed in the Rajya Sabha.

Internet and mobile services in Kashmir’s Srinagar district were suspended and a ban imposed on all public gatherings.

With so many changes underway after the revocation of Article 370, it seems like J&K will finally experience peace and prosperity. This is just the first step towards the betterment of the state.

There are miles to go! Whether the decision taken by Centre is right or wrong is still being debated. We hope it proves to be beneficial for the state as well as the country as a whole.

Long Essay on Article 370: Revocation – (600 words)

Article 370 was enforced by Sheikh Abdullah on 26 th January 1957. The article gave special power to the Indian state of Jammu and Kashmir. This was a temporary provision.

However, it remained in force for decades. Even though many political leaders and other prominent people in the country suggested its revocation from time to time, it remained intact; however, it has finally been annulled.

Indian President, Ram Nath Kovind issued constitutional order to revoke Article 370 and apply all the rules and provisions of the Indian constitution to Jammu and Kashmir. This historic move was made on 5 th August 2019.

Bill to Revoke Provisions of Article 370

Union Home Minister, Amit Shah, moved a resolution in Rajya Sabha to introduce a bill scrapping all the provisions of Article 370. This was approved by President Ram Nath Kovind.

Shah also introduced bills seeking bifurcation of the State into Jammu and Kashmir as a Union Territory with an Assembly and Ladakh as a Union Territory without a legislature.

The opposition benches protested against this resolution; however, the decision has been made. Revoking Article 370 of the Indian Constitution had been a major part of BJP’s agenda. Shah’s announcement was thus received with elation by the BJP leaders.

Mixed Reactions on Revocation of Article 370

While many political parties opposed the decision to scrap Article 370 of the Indian Constitution, several others extended their support to the BJP government.

Parties that Supported the Decision

Among those that showed support to this decision were the Aam Aadmi Party,   Bahujan Samaj Party, Shiv Sena, AIADMK, Shiromani Akali Dal, YSR Congress, Telugu Desam Party, Biju Janata Dal, BPF and AGP. All these parties backed the Centre’s decision.

Many of them mentioned that they awaited this move since long and welcome the decision wholeheartedly. They now look forward to peace and development in J&K. The decision of scrapping Article 370 has been termed as bold and courageous.

BSP member, Satish Chandra Misra was among the first ones in the Rajya Sabha to support this move. Mayawati also extended support to the bifurcation of Jammu and Kashmir.

AIADMK mentioned that their leader, Jayalalithaa had always wanted this. Shiv Sena members expressed their joy and support by celebrating outside their party head office.

BJD members said that with this decision, Jammu and Kashmir has become an integral part of the country and they are glad about it.

Parties that Opposed the Decision

The parties those opposed the Centre’s decision to revoke Article 370 include Congress, Trinamool Congress, Nationalist Congress Party, Janata Dal (United), Rashtriya Janta Dal, Left, National Conference, DMK and People’s Democratic Party. All these parties condemned and criticised the resolution.

Congress members mentioned that this was a “catastrophic step” and it should be seen as a “black day” in the constitutional history of our country. It further said that this decision is a publicity stunt by BJP to fetch more votes. Likewise, Left mentioned that it is an attack on the Indian Constitution.

Members of People’s Democratic Party expressed their anger over the decision by shouting slogans and tearing copies of Indian Constitution. National Conference called the decision shocking and unilateral. Trinamool Congress also expressed its objection against the Centre’s decision.

DMK went on to say that this was simply the murder of democracy. It said that BJP is forcing its agenda and that it has no respect for the sentiments of the Jammu and Kashmir residents.

Revocation of Article 370 of the Indian Constitution is indeed a big decision. A major change in J&K is likely underway now. We hope things change for good for this beautiful state which has long struggled for peace and justice. The Centre must make special efforts to resurrect J&K and make it a better and safer place to live.

Related Information:

Essay on Article 35A of Indian Constitution

Speech on Article 370 of Constitution of India

Essay on Article 15 of Indian Constitution

Speech on Constitution of India

Speech on National Constitution Day

Essay on National Constitution Day

Essay on Constitution of India

Essay on Section 377 of Indian Penal Code

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  • Article 370 Essay

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Essay on Article 370

Through this essay on Article 370, one will learn how Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, which is located in the northern part of the Indian subcontinent. This state has been administered by India since 1954.

The Article is drafted in part XXI of the Constitution which is titled as "Temporary, Transitional and Special Provisions". The Article 370 essay in English will give a clear overview of what actually Article 370 is?

A Long Essay on Article 370 in English

The Constituent Assembly of Jammu and Kashmir after being established, has been given the power to recommend which Articles of the Indian Constitution can be applied in the state and also to cancel the 370 altogether. After being advised by the State Constituent Assembly of Jammu and Kashmir, a Presidential order was issued in 1954 that specified the Articles which will be applied to the state. Through this Article 370 essay, one will learn how the Constituent Assembly didn't recommend cancellation of Article 370 before it got dissolved. As a result, the Article was deemed to become a permanent feature of the Indian Constitution.

Different Laws And Rights

The Article 370 in English essay explains how Article 370  was incorporated to keep the residents of Jammu and Kashmir under a Law that is different from the rest of the Country. The different Laws include those relating to citizenship Rights, ownership of property Rights, and different fundamental Rights. Due to these separate Laws, Indians from other states were forbidden to buy any land or property in the state of Jammu and Kashmir.

While the Indian Government was planning out the Constitution of India, they requested the advice of each and every state on the number of constitutions to be incorporated. All the states agreed to have one Constitution in spite of having one for each state except the state assembly of Jammu and Kashmir. The state assembly of Jammu and Kashmir requested that only those Articles of the Constitution will be applied in the state that corresponds to the original instrument to accession and other rules will be incorporated by the state assembly after being formed. But the state assembly got dissolved, and the Article was considered as a permanent feature of the Indian Constitution. This was confirmed by various rulings of India such as the Supreme Court and High Court.

The essay on Article 370 can help one understand the four Provisions of Article 370:

The state was exempted from the complete applicability of the Constitution of India. The state has the power to form its own Constitution.

The power of the central government in this state is limited to three subjects: defense, foreign affairs, and communications.

Some central government’s constitutional power can be extended to the state only with the concurrence of the state government.

The State Government's power to give concurrence is only active until the State Constituent Assembly was convened. After the scheme of powers is dispersed by the State Constituent Assembly, no further extension of powers is possible.

As studied in the Article 370 essay, it is clear that the state of Jammu and Kashmir has a special status and can incorporate its own Constitution, no other states in the Country have these powers.

Impact On Abolition Of Article 370

With the elimination of Article 370 in 2019, people of J&K will no longer have dual citizenship and would be treated similarly to other Indian citizens. Because the citizenship clause is no longer in force, all of the additional benefits and grounds for discrimination associated with the title are effectively gone. 

One of the most significant advantages was that non-J&K residents were unable to purchase land within the state. As a result, persons living in J&K have plenty of resources that they haven't put to good use in order to have a safe place to live. Women were the worst victims of this equation, as they lost their land Rights if they married someone from outside the state. Furthermore, neither she nor her children were eligible to inherit the land. A Kashmiri man, on the other hand, was free to marry any lady from any state and preserve his property Rights. A non-resident of J&K was not permitted to vote in state legislature elections or to run for office. Non-J&K residents were unable to enrol in postgraduate professional courses since state universities in Jammu and Kashmir require a Permanent Resident Certificate (PRC). Furthermore, they were not eligible for any government help or scholarships to utilize while working for the government since permanent residence is necessary, which was not attainable at the time but is today. 

The state was not automatically rendered subject to any Laws passed by Parliament. As a result, disadvantaged populations in the state, such as SCs and STs, were denied the benefits that the Indian Constitution ordinarily provides. Even within the state, Rights such as the Right to education and the Right to information apply. More than that, the middle did not have the authority to declare a financial emergency within the state, but that is no longer the case; Kashmir now follows the same rules and regulations as the rest of the nation.

Short Essay on Article 370

150 words paragraph on article 370.

In this Article 370 short essay, one will gain some basic knowledge of Article 370. Article 370 was incorporated, especially for the state of Jammu and Kashmir. This Article was formed along with Article 35a. The Article vested some important powers in the hands of the State Constituent Assembly. It restricted the Central Government from interfering with the matters of Jammu and Kashmir. One can gain a lot of knowledge from this essay on Article 370.

Article 370 gave the authority to the State Constituent Assembly to incorporate its own Constitution that will give the state several different Laws. Such separate Laws include citizenship Rights, ownership of land Rights, and many others. People from other states are restricted from buying land in this state.

In this short speech on Article 370 in English, it is clear that the state of Jammu and Kashmir is an important state of India and experiences a special status among all the other states.

The 370 Article essay in English will educate a person on how the instrument of accession affected the state of Jammu and Kashmir. Clause 7 of the Instrument of Accession signed by the Maharaja Hari Singh says that the state of Jammu and Kashmir is not compelled to accept any future Articles of the Constitution of India. The state assembly has the power to incorporate its own Constitution. The state assembly will also decide how much power should be vested in the hands of the Central Government. The state of Jammu and Kashmir was experiencing a special status because of the conflict that was prevailing on the land.The Article 370 paragraph in English explains the special status of the Jammu and Kashmir experiences.

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FAQs on Article 370 Essay

1. What powers are vested by Article 370?

From the knowledge we have gained from the Article 370 essay, it is clear that the State Constituent Assembly has the power to make its own rules for the state without getting interfered with by the Central Government. The state government has the power to make separate laws in terms of citizenship, ownership of land, etc.

2. In what subjects the Central Government has power over Jammu and Kashmir?

The central Government has power on a total of three subjects that are defense, foreign affairs and communication according to an essay on Article 370. In spite of these three subjects, the central government is restricted to interfere because of the special status of the state of Jammu and Kashmir. If the state government extents some powers then the centre can interfere.

3. What is the background of Article 370?

When India was about to gain independence and the British were departing, they gave all of India's rulers the Right to reside anywhere they wanted. Internally, this resulted in the development of hundreds of provinces. Sardar Vallabh Bhai Patel's efforts resulted in all of those regions agreeing to merge to establish a country. However, one province, Jammu & Kashmir, governed by the then-king Hari Singh, was unwilling to join the union. They didn't want to be combined, and they wanted to keep their identity as a separate province. In October 1947, Pakistan attempted to capture Kashmir by invading it with its army. Hari Singh requested India's assistance in combating the Pakistani troops. India assisted on the condition that Kashmir joins India. Under Article 370 of the Indian constitution, India promised to provide it with special status.

4. What are the benefits and drawbacks of Article 370?

People in Jammu and Kashmir held dual citizenship, meaning they were citizens of both Jammu and Kashmir and India. They had a different flag than we had. In J & K, elections were held every six years. In J&K, criticising the Indian flag was not a crime. The Supreme Court of India's regulations were not applicable to J&K. A Kashmiri girl loses her Kashmiri citizenship if she marries a guy from outside the state. And if she married a Pakistani, he was automatically granted citizenship in J&K. The Right to Information Act did not apply to J&K. In J&K, there were no reservations for minorities. Outside of J&K, no one could acquire land there. J&K was exempt from financial emergencies. Kashmir has never had an issue with overcrowding or overpopulation since no one from outside the state may enter and reside there. Because employment possibilities were few in J&K, many young people turned to terrorism. There was a low GDP and a high level of corruption. China had acquired 10% of Kashmir after independence, whereas Pakistan had grabbed 30% of Kashmir. Only 60% of Kashmir is still in India's possession. Article 370 was enacted as a temporary measure, which allowed India to repeal it and eventually unite J&K with the rest of the states.

5. What is the end result of Article 370?

Article 370's revocation will have a favourable influence. It has the potential to help both the people of J&K and the rest of India. People in J&K will suddenly have a plethora of job options. A number of business opportunities will arise. Girls from J&K can now marry anyone in India. Their gross domestic product will rise. People from other states can now invest in J&K. They can establish manufacturing units, resulting in more work prospects for individuals in J&K. Foreign investors were also looking forward to the repeal of Article 370, therefore we should see an increase in FDI in J&K. Let us all wish for a strong, united, and prosperous India.

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Essay on Article 370

Students are often asked to write an essay on Article 370 in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Article 370

Introduction.

Article 370 was a unique law in the Indian constitution, granting special autonomy to the state of Jammu and Kashmir. It was added in 1949.

Special Provisions

Under Article 370, the Indian Parliament required the state government’s concurrence to apply laws, except in defense, foreign affairs, and communications.

Controversy and Abrogation

Article 370 was contentious, with critics arguing it hindered Jammu and Kashmir’s integration with India. In August 2019, the Indian government abrogated Article 370, aiming for complete integration.

Also check:

  • Speech on Article 370

250 Words Essay on Article 370

Article 370 is a significant part of the Indian constitution that has been the subject of intense debate and controversy. It was an article that granted special autonomous status to the state of Jammu and Kashmir.

Historical Context

Article 370 was incorporated into the Indian Constitution in October 1949. This special status was a result of the conditions under which the princely state of Jammu and Kashmir acceded to India after the partition in 1947. It was designed to protect the region’s distinct culture and autonomy.

Provisions and Implications

The article allowed the state to have its own constitution, flag, and control over internal administrative matters. However, defense, foreign affairs, and communications remained under the Indian government’s jurisdiction. It also restricted the Indian Parliament’s legislative power within the state.

The article has been controversial, with some arguing that it hindered Jammu and Kashmir’s integration with the rest of India. Others contended that it was essential for preserving the unique cultural identity of the region. The debate reached its peak in August 2019 when the Indian government abrogated Article 370, effectively revoking the special status of Jammu and Kashmir.

The abrogation of Article 370 has opened a new chapter in the history of Jammu and Kashmir. The long-term implications of this decision are yet to be seen. It remains a complex issue, intertwined with questions of federalism, cultural identity, and national integration.

500 Words Essay on Article 370

Article 370 of the Indian Constitution is a unique piece of legislation that has been a subject of intense debate and controversy since its inception. Initially intended as a temporary provision to manage the political complexities of Jammu and Kashmir’s accession to India, it eventually solidified into a semi-permanent arrangement, leading to a complex web of legal, political, and social implications.

The Genesis of Article 370

The roots of Article 370 can be traced back to the turbulent times of India’s partition in 1947. The princely state of Jammu and Kashmir, under the reign of Maharaja Hari Singh, initially chose to remain independent. However, an invasion by tribal militias from Pakistan forced the Maharaja to seek India’s military assistance, culminating in the signing of the Instrument of Accession. This document granted India control over defence, foreign affairs, and communications, while other matters were left to the state’s discretion. Article 370 was incorporated into the Indian Constitution to reflect this unique arrangement.

Article 370 provided Jammu and Kashmir with a special status, allowing it to have its own constitution, a separate flag, and autonomy over the internal administration of the state. This meant that the Indian Parliament could only make laws on subjects specified in the Instrument of Accession, unless the state government gave its consent.

This special status led to a dichotomy in the constitutional relationship between Jammu and Kashmir and the rest of India. Critics argue that it created a psychological barrier, fostering a sense of separatism among the people of the state. Supporters, however, assert that it was essential to respect the unique circumstances of the state’s accession and to protect its distinct cultural identity.

Abrogation of Article 370

On August 5, 2019, the Indian government abrogated Article 370, bifurcating the state into two Union Territories – Jammu and Kashmir, and Ladakh. This move was justified on the grounds of promoting better integration of the region with the rest of India, and fostering socio-economic development.

The abrogation, however, sparked a heated debate. Critics argue that it undermines the democratic process, as it was done without consulting the state’s representatives. Supporters, on the other hand, believe that it paves the way for the full realization of rights and opportunities for the people of Jammu and Kashmir.

The debate surrounding Article 370 is complex and multi-faceted, involving constitutional law, political science, and socio-cultural dynamics. It is an issue that demands careful thought and nuanced understanding. As India navigates its way forward, it is crucial to ensure that the aspirations of the people of Jammu and Kashmir are respected, and that the path to development and integration is paved with justice and fairness. The future of Article 370, or rather its absence, will continue to shape the destiny of the region and its relationship with the rest of India.

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  • निबंध ( Hindi Essay)

essay on article 370 in 250 words

Essay on Article 370 in Hindi

हमारे देश में जनता के हित के लिए कई सारे योजनाएं राष्ट्र सरकार व केंद्र द्वारा निकाले गए है। कई सारे संविधान को भारत में लागू करवाया गया है । जब 15 अगस्त 1947 को हमारा देश आजाद हुआ था उस समय कोई भी कानून या संविधान नहीं था ऐसे में देश का संतुलन बनाए रखना मुश्किल सा होगया था। सामाजिक तौर पे देश के विकाश व प्रगति के लिए संविधान का आना जरूरी था क्युकी राष्ट्र की शासन व्यवस्था को ढंग से चलने के लिए , न्यायपालिका की नीति व कर्ताव्यो के अधिकारों और देश व्यवस्था (Essay on Article 370 in Hindi) के संचालन के लिए राष्ट्र में संविधान लागू करना जरूरी था। १९५० में जब भारत में संविधान लागू हुआ उसी के साथ ,जम्मू और कश्मीर में धारा 370 को बहुत बड़ा दर्जा व स्थान दिया गया। भारत में पूरे देश के लिए जब संविधान बनाया गया तभी ये जरूरी समझते हुए जम्मू और कश्मीर के लिए एक अलग संविधान बनाया गया। यह संविधान के अंतर्गत राज्य के केंद्र को क्षेत्र की पूरा निर्णय लेने का अधिकार मिला।

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इसे आर्टिकल 370 क्यों कहा जाता है??

हर एक महान् देशों का एक अलग संविधान लिखित रूप में  बनाया गया। चुकी इतिहास के संविधान में भविष्य में कोई हस्त्षेप ना करे । इस लिखित संविधान में कुल 299 सदस्यों के हस्ताक्षर किए गए तब जाकर इस संविधान को सुचारू रूप से राष्ट्र में लागू किया गया । 1950 में जब ये सब काम चल रहा था उस वक़्त इसमें कुल 395 आर्टिकल्स , एक प्रस्तावना और 8 शड्यूल थे। इस संविधान के एक आर्टिकल 306 A को जम्मू कश्मीर के संविधान सभा में कुछ बदलाव करके आर्टिकल 370 (Essay on Article 370 in Hindi) बना कर उसे स्वीकार किया गया और यह आर्टिकल भारतीय संविधान का हिस्सा बनने में सफल रहा। इसलिए जम्मु कश्मीर के रक्षा को देखते हुए विदेश मामले के प्रावधान के अनुसार ये संविधान को आर्टिकल 370 या धारा 370 कहा जाने लगा ।

धारा 370 क्या है??

धारा 370 संविधान के अनुसार जम्मू कश्मीर के संसद को इस राज्य के हित में तथा विदेश मामलों को देखते हुए कोई भी कानून बनाने का अधिकार है। परंतु अगर उन्हें किसी दूसरे विषय पर कानून बनाने की जरूरत पड़ती है तो केंद्र सरकार को राज्य सरकार से अनुमति लेनी पड़ती है। हम सभी को पता है भारत देश में कश्मीर का एक अलग ही स्थान है। इस संविधान (Essay on Article 370 in Hindi) के अनुसार केवल जम्मू कश्मीर के नागरिक ही इस राज्य में कोई भी संपत्ति खरीद सकते थे परंतु कोई बाहरी राज्य का व्यक्ति इस राज्य में कोई भी संपत्ति नहीं खरीद सकते थे। यह सब प्रस्ताव को देखते हुए भारत का संविधान बनाने वाले डॉक्टर भीमराव अंबेडकर जी ने  यह संविधान बनाने से इंकार कर दिया था फिर इसके बाद क्या प्रस्ताव को शेख अब्दुल्ला नेहरू के पास ले जाया गया उन्होंने इस प्रस्ताव को स्वीकार करते हुए जम्मू कश्मीर के लिए एक अलग कानून वह संविधान बनाया । जम्मू कश्मीर की नागरिकता को देखते हुए कहा जाता था कि यह संविधान लोगों के हित में की गई थी।

जम्मू कश्मीर को इसके मुताबिक बहुत से अधिकार दिए गए, क्षेत्र की रक्षा ,विदेश मामले और राज्य की संचार के लिए केंद्र सरकार खुद ही अपना कानून बना सकते हैं। प्राचीन काल में कश्यप ऋषि के नाम से इस राज्य का नाम  कशमीर रखा गया उस वक्त यहां सिर्फ हिंदू निवास करते थे। परंतु जब यहां अकबर का शासन हुआ तब मुगल के होते यह मुस्लिमों की जनसंख्या उत्पन्न होने लगी। मुस्लिम हो या हिंदू हर व्यक्ति  यह कानून 370 को महत्व देते  हैं।

धारा 370 का अधिकार :-

धारा 370 लागू करने के साथ-साथ जम्मू कश्मीर की केंद्र सरकार को कई से अधिकार प्राप्त हुए-

  • इस संविधान के अनुसार जम्मू कश्मीर के सांसद को जम्मू कश्मीर के रक्षा, विदेश मामले और राज्य की संचार एवं विकास के लिए कानून बनाने पर निर्णय लेने का पूरा हक है।
  • यह संविधान के साथ अनेक धाराएं जैसे धारा 356 जम्मू कश्मीर में लागू नहीं हो सकती ।
  • अगर जम्मू कश्मीर की केंद्र इस राज्य में कोई कानून बनाती है तो राष्ट्रपति को इस कानून को खारिज करने का कोई भी दर्जा नहीं दीया जाता।
  • इस कानून से भारतीय नागरिक भारत में कहीं भी जमीन खरीद सकते हैं परंतु जम्मू कश्मीर में उनको कोई भी संपत्ति खरीदने का अधिकार नहीं है।
  • धारा 370 के अनुसार पूरे भारत में जम्मू कश्मीर को एक अलग दर्जा दिया गया है इसके तहत धारा 360 देश में वित्तीय आपातकाल लगाने का कानून जम्मू कश्मीर पर लागू नहीं होता ।

धारा 370 लगाने पर ऐसे ही कई से अधिकार जम्मू कश्मीर के केंद्र को मिला। यह सब जम्मू-कश्मीर की हित को सोचते हुए ही किया गया था। जहां पूरे भारत का संविधान अलग बनाया गया था परंतु जम्मू कश्मीर के लिए एक विशेष संविधान का आयोजन किया गया था।

धारा 370 को कब और क्यों हटाया गया ??

5 अगस्त 2019 को जम्मू कश्मीर से धारा 370 हटाने का प्रस्ताव राज्यसभा में रखा गया। इसके तहत जम्मू कश्मीर से धारा 370 हटाई गई तथा 31 इस राज्य को दो शासित केंद्र में विभाजित किया गया। राज्य के विभाजन के बाद हमें एक केंद्र को जम्मू-कश्मीर कहते हैं और एक केंद्र को लद्दाख कहते हैं। धारा 370 (Essay on Article 370 in Hindi) हटाने के बाद इस दोनों केंद्र में अलग-अलग शासित कानून बनाए गए जैसे जम्मू कश्मीर केंद्र की क्षेत्र में अपनी एक विधायिका होगी परंतु लद्दाख की शासित कोई विधायिका नहीं होंगे। धारा 370 लगाने से इतना बड़ा भारत छोटे-छोटे टुकड़े में बटा हुआ दिख रहा था। जम्मू कश्मीर को एक अलग सा दर्जा दे दिया गया था मानो वह भारत का हिस्सा नहीं है ,पूरे भारत का संविधान अलग और जम्मू कश्मीर का संविधान अलग सा दिखता था।

जम्मू कश्मीर को जिस प्रकार एक अलग विशेष अधिकार मिला था धारा 370 हटाने के बाद उनसे अधिकार छीन लिया गया। यह बहुत ऐतिहासिक कदम था जो राज्य सरकार द्वारा उठाया गया। धारा 370 हटाने के कुछ फायदे भी हैं-

धारा 370 हटाने के फायदे :–

  • वैसे तो धारा 370 हटाने की कई से फायदे हैं परंतु एक विशेष फायदा यह है कि वहां के नागरिकों को तथा दूसरे राज्य के नागरिकों को वहां पर संपत्ति लेने का अधिकार पूरा मिलेगा।
  • जम्मू कश्मीर के नागरिक जो वहां के खेती किसानी करते हैं वह अपना उद्योग बढ़ा सकते हैं। कश्मीरी क्षेत्र में जो फसल उगाई जा सकते हैं वह और किसी क्षेत्र में नहीं हो सकते यह देखते हुए उस क्षेत्र के शासकीय व्यापार बढ़ सकते हैं।
  • धारा 370 के अंतर्गत केंद्र सरकार जम्मू कश्मीर पर कई सारे कानून व्यवस्था को सौंप देती थी।जम्मू-कश्मीर के नागरिकों को कोई भी कदम उठाने में केंद्र सरकार का सहारा लेना पड़ता था। जम्मू कश्मीर का व्यापार पवा का उद्योग दोनों ही उसी क्षेत्र पर सिमट के रह जाते थे। धारा 370 हटाने के बाद उनका व्यापार प्रोडक्शन बढ़ रहा है।
  • दूसरे राज्यों के लोग वहां जाकर अपना कोई भी कारोबार शुरू कर सकते हैं और व्यापार में समृद्धि कर सकते हैं।धारा 370 हटाने के बाद जम्मू-कश्मीर के नागरिकों को बहुत से अधिकार प्राप्त हुए हैं।
  • इस कानून खारिज करने के बाद जम्मू कश्मीर में लोगों के हित के लिए कई से अस्पताल ,स्कूल व शिक्षा क्षेत्र बनाए गए।

जम्मू कश्मीर इस प्रकार आतंकवाद और टूरिज्म बड़े हुए थे दो केंद्रों के विभाजन के बाद यह सब से राज्य को बहुत ही राहत मिली। भारत के पड़ोसी देश चाइना या पाकिस्तान का प्रभाव जम्मू कश्मीर पर अधिक पड़ता  आ रहा है । सरकार का कहना है कि धारा 370 के नाम पे जम्मू कशमीर के नागरिकों के साथ छल होता आया है। इस राज्य में भ्रष्टाचार बढ़ने का कारण भी केंद्र सरकार के बनाए हुए कानून है जिनपर राष्ट्रपति और उनके सरकार को उंगली उठाने का कोई अधिकार प्राप्त नहीं था। जम्मू-कश्मीर के नागरिकों के साथ-साथ वहां के किसानों के साथ छल किया जाता था। यह धारा महिलाओं , गरीबी और आदिवासियों के लिए विरोधी भी साबित होता है। इस दौरान लोगतांत्र का प्रदर्शन जम्मू कशमीर में केंद्रों के विभाजन के बाद ही हुआ । धारा 370 का विरोध पहले भी किया जाता था परंतु कुछ राज्य सरकार द्वारा इस धारा को कश्मीर में लागू कर दिया गया मगर आज भी इस धारा के विरोध करने वाले सरकार  धारा 370 को हटाने में सफल हुए।

राज्य सरकार हो या केंद्र सरकार कोई भी कानून बनाते समय नागरिकों के हित के बारे में सोचना चाहिए। कुछ सरकार भ्रष्टाचार के कारण लोगों के अधिकारों के विरुद्ध होकर बहुत से कदम उठा लेते हैं, ऐसे में जनता सरकार को कुछ भी नहीं बोल पाती और चुप चाप सरकार के भ्रष्टाचार को सहती रहती है। यह सब व्यक्तिगत प्रस्ताव को देखते हुए सरकार को समझ कर कोई भी कदम उठाना चाहिए जो जनता के हित में हो। धारा 370 कश्मीर में लगाने से सिर्फ केंद्र सरकार का फायदा हो रहा था और जम्मू कश्मीर के निवासी उस कानून का पालन करते सिर्फ अपनी जीवनशैली को पूरा करने के लिए करते थे । भारत के निवासियों को उनका हक लेने का पूरा अधिकार है। वर्तमान काल में सरकार जनता के हित के बारे में पूरी तरीके से सोच रही है धारा 370 हटाने के पीछे भी जम्मू कश्मीर का फायदा ही है।

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Article 370 of the Indian Constitution provided special rights to the Indian state of Jammu and Kashmir. It gave most of the power to the government of this state. Centre was left with limited power over J&K.

Article 370 has recently been scrapped making it a historic event which is expected to change the face of the state for good. This move has received mixed reactions from political parties and general public though it has largely been appreciated.

Long and Short Essay on Article 370 of Indian Constitution in English

Here are long and short essay on Article 370 of the Indian Constitution of varying lengths to help you with the topic in your exams. These Article 370 essay are written in simple English language to easily convey the information, yet it does so effectively. These Article 370 essays will let you have a deeper understanding of article 370, its removal and repercussions.

After going through the following essays you will know about Article 370 and its provisions; history of Article 370; advantages and disadvantages of Article 370; how it revoked; what will be the consequences of scrapping Article 370; what bills passed for its revokal, etc.

Short Essay on Article 370 – (200 Words)

Article 370 that came into effect in the Indian state of Jammu and Kashmir in the year 1949 was supposed to be a temporary provision; however, it continued for decades even though many political leaders and other prominent people in the county demanded its revocation from time to time.

The article exempted J&K from the Indian Constitution. The state attained the right to make its own laws related to any matter except foreign affairs, communications and defence.

The state government thus went on to draft a separate constitution. It also came up with a separate flag. The Fundamental Duties mentioned in the Indian Constitution were not applicable in J&K. It had its own set of rights and duties.

The condition of the state hasn’t been very good ever since the enforcement of Article 370. Life of people in the Kashmir region has especially been miserable. The place is prone to terrorist attacks.

Article 370 has been seen as a hindrance in the development of the state. It is also known to be a cause of growing corruption and terrorism in the state.

As per the constitutional order passed by Indian President Ram Nath Kovind on 5 th August 2019, Article 370 stands ineffective. The decision has been taken to improve the condition of J&K and its citizens.

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Essay on Article 370: Enforcement – (300 Words)

Introduction.

Article 370 of the Indian Constitution was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. However, soon after it came to be known as a permanent feature of the Indian Constitution. It has remained in effect in J&K for decades.

The Origin of Article 370 of the Indian Constitution

Article 370 was drafted by Sheikh Abdullah in the year 1947. Abdullah had been appointed as the Prime Minister of Jammu and Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of Kashmir.

Abdullah wanted complete autonomy for J&K and demanded that Article 370 must not remain a temporary provision. However, the Centre deemed this demand unreasonable and did not approve of it.

Special Status Given to Jammu and Kashmir

As Article 370 came into being, the Constituent Assembly of Jammu and Kashmir gained special power wherein it got the right to recommend the articles of the constitution that should be enforced on the state. It even got the power to annul Article 370 altogether.

Article 35 A and Article 370 together stated that a different set of laws apply for the residents of the state of J&K. The Indian Parliament could only exercise laws related to finance, defence, communications and foreign affairs in the state.

It required the approval of state government for applying all the other laws. The residents of J&K enjoyed completely different laws when it came to ownership of property, laws related to citizenship and fundamental rights.

As per the laws enforced by the state, the Indian citizens from other parts of the country were denied the right to purchase property in Jammu and Kashmir.

The residents of J&K fear that the scrapping of Article 370 may hamper their local business and thus be a threat to their livelihood. Adapting to the changes that are likely to follow this big decision also seems to be a cause of concern for the residents of J&K. Their concerns are genuine. We hope the condition of the place improves henceforth.

Essay on Article 370: Advantages and Disadvantages – (400 words)

Article 370 of the Indian Constitution that gave special power to the state of Jammu and Kashmir was annulled on 5 th August 2019. The decision taken by the Centre has appreciated by several political parties, leaders, celebrities and majority of general public. However, many others have criticized it outright. Article 370 had few advantages and several disadvantages.

Advantages of Article 370 of the Indian Constitution

Here is a look at the advantages of Article 370:

1) Article 370 is advantageous for the citizens of J&K. The state gives priority to the interest of its local citizens. There is less competition in the state and greater opportunities for its citizens.

2) J&K boasts of its local handicraft items. The government of this state has kept its culture and local businesses alive. It has always encouraged local businesses over foreign brands.

This is the reason why several local brands are running in the state. This means more work, greater growth opportunities and good income for the locals.

Disadvantages of Article 370 of the Indian Constitution

Here is a look at the disadvantages of Article 370:

1) The state of J&K hasn’t developed as much as the other parts of the country. This is particularly true when we look at the medical facilities here. The condition of the hospitals and healthcare centres in the state are not that good.

2) The law and order in J&K is weak because the centre is not allowed to intervene. This has given rise to terrorism in the state. Terrorism is a major concern here and nothing much done to fight it.

3) Corruption in the state is high due to its alienation from the centre. There is no check on the government of J&K. It makes its own laws and works as per its convenience.

4) Article 370 prevented the implementation of Right to Education in the state. This is why students forced to move to other states.

5) Outsiders cannot establish business in J&K. Professionals and industrialists not allowed to settle here. This is a major hindrance in the growth and development of the state.

6) This provision is anti- women in nature. It has led to extreme gender bias in the state.

The disadvantages of Article 370 of the Indian Constitution clearly outweigh its advantages. The atmosphere of tension in the state is a clear evidence of the same. Scrapping of Article 370 seems like a ray of hope for the state that has gripped by terrorism since long. We hope it sees better times ahead.

Long Essay on Article 370 – (500 words)

Article 370 is a temporary provision in the Constitution of India. It provides special autonomous status to the Indian state of Jammu and Kashmir.

The provisions of the Indian Constitution that are applicable to other states of India are not applicable to J&K.

The article adopted in November 1956 and was enforced in the state in January 1957 by Sheikh Abdullah.

Special Provisions in Jammu and Kashmir as per Article 370

Some special provisions made in Jammu and Kashmir as Article 370 came into force in the state. These include:

  • J&K acquired different national flag.
  • Insulting the national flag and national symbols considered a crime in India. It is a punishable offence. But this rule did not apply in J&K.
  • The highest court orders in India did not apply in J&K.
  • Jammu and Kashmir citizens enjoyed dual citizenship.
  • Women in Kashmir had to abide by the Sharia law.
  • The tenure of the Assembly of J&K was 6 years unlike other Indian states in which the Assembly tenure is 5 years.
  • RTI, RTE and CAG were not applicable in Kashmir.
  • The J&K citizenship of a woman who married a person from another Indian state ended. On the other hand, if a woman from the state married someone from Pakistan, he acquired J&K citizenship.
  • If a Pakistani married a Kashmiri girl, he acquired Indian citizenship.
  • Article 370 did not allow people from other states to purchase property in J&K.
  • The minority group in Kashmir that consists of Hindus and Sikhs did not get 16% reservation.

Changes after the Revocation of Article 370

Now that Article 370 has revoked, Jammu and Kashmir will no longer enjoy the autonomous status. All the special powers that came with this article have annulled. Here are some of the other changes that brought about:

  • All the residents of J&K shall be entitled to single citizenship only.
  • Article 360 that is enforced during financial emergency is now applicable in J&K.
  • People from other states shall be able to purchase property in J&K.
  • Duration of Legislative Assembly has changed to 5 years.
  • RTI will be applicable in J&K.
  • Minorities will be eligible for 16% reservation.
  • Children will benefit from the Right to Education.
  • Directive Principle of State Policy shall be applicable.
  • J&K will not have a separate flag.

The Atmosphere in J&K as Article 370 Revoked

J&K’s prominent leaders, Omar Abdullah, Sajjad Lone and Mehbooba Mufti were under house arrest as the bill for abolition of Article 370 was passed in the Rajya Sabha.

Internet and mobile services in Kashmir’s Srinagar district suspended and a ban imposed on all public gatherings.

With so many changes underway after the revocation of Article 370, it seems like J&K will finally experience peace and prosperity. This is just the first step towards the betterment of the state.

There are miles to go! Whether the decision taken by Centre is right or wrong still debated. We hope it proves to be beneficial for the state as well as the country as a whole.

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Long Essay on Article 370: Revocation – (600 words)

Article 370 enforced by Sheikh Abdullah on 26 th January 1957. The article gave special power to the Indian state of Jammu and Kashmir. This was a temporary provision.

However, it remained in force for decades. Even though many political leaders and other prominent people in the country suggested its revocation from time to time, it remained intact; however, it has finally annulled.

Indian President, Ram Nath Kovind issued constitutional order to revoke Article 370 and apply all the rules and provisions of the Indian constitution to Jammu and Kashmir. This historic move made on 5 th August 2019.

Bill to Revoke Provisions of Article 370

Union Home Minister, Amit Shah, moved a resolution in Rajya Sabha to introduce a bill scrapping all the provisions of Article 370. This approved by President Ram Nath Kovind.

Shah also introduced bills seeking bifurcation of the State into Jammu and Kashmir as a Union Territory with an Assembly and Ladakh as a Union Territory without a legislature.

The opposition benches protested against this resolution; however, the decision has made. Revoking Article 370 of the Indian Constitution had a major part of BJP’s agenda. Shah’s announcement thus received with elation by the BJP leaders.

Mixed Reactions on Revocation of Article 370

While many political parties opposed the decision to scrap Article 370 of the Indian Constitution, several others extended their support to the BJP government.

Parties that Supported the Decision

Among those that showed support to this decision were the Aam Aadmi Party, Bahujan Samaj Party, Shiv Sena, AIADMK, Shiromani Akali Dal, YSR Congress, Telugu Desam Party, Biju Janata Dal, BPF and AGP. All these parties backed the Centre’s decision.

Many of them mentioned that they awaited this move since long and welcome the decision wholeheartedly. They now look forward to peace and development in J&K. The decision of scrapping Article 370 has been termed as bold and courageous.

BSP member, Satish Chandra Misra was among the first ones in the Rajya Sabha to support this move. Mayawati also extended support to the bifurcation of Jammu and Kashmir.

AIADMK mentioned that their leader, Jayalalithaa had always wanted this. Shiv Sena members expressed their joy and support by celebrating outside their party head office.

BJD members said that with this decision, Jammu and Kashmir has become an integral part of the country and they are glad about it.

Parties that Opposed the Decision

The parties those opposed the Centre’s decision to revoke Article 370 include Congress, Trinamool Congress, Nationalist Congress Party, Janata Dal (United), Rashtriya Janta Dal, Left, National Conference, DMK and People’s Democratic Party. All these parties condemned and criticised the resolution.

Congress members mentioned that this was a “catastrophic step” and it should seen as a “black day” in the constitutional history of our country. It further said that this decision is a publicity stunt by BJP to fetch more votes. Likewise, Left mentioned that it is an attack on the Indian Constitution.

Members of People’s Democratic Party expressed their anger over the decision by shouting slogans and tearing copies of Indian Constitution. National Conference called the decision shocking and unilateral. Trinamool Congress also expressed its objection against the Centre’s decision.

DMK went on to say that this was simply the murder of democracy. It said that BJP is forcing its agenda and that it has no respect for the sentiments of the Jammu and Kashmir residents.

Revocation of Article 370 of the Indian Constitution is indeed a big decision. A major change in J&K is likely underway now. We hope things change for good for this beautiful state which has long struggled for peace and justice. The Centre must make special efforts to resurrect J&K and make it a better and safer place to live.

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