From
where this problem of article 370 arises? Let us dive deep into history. It was the time when the transfer of power was happening i.e when
we were about to be accorded 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 the 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 were on the card, and maybe that is what the Britishers would
have wanted.
The situation was different with Jammu and Kashmir- the largest of the three. A
Hindu ruler, Maharaj Hari Singh, was ruling over the majority of the Muslim
population. Pakistan soldiers along with Pathan tribesmen invaded this
state (Brief History of India Pakistan wars over Kashmir), creating chaos and spreading disturbances. In a 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.
Edit: Article 370 was abrogated by the Indian Government on 5 August 2019.
This comment has been removed by a blog administrator.
ReplyDeleteThis comment has been removed by a blog administrator.
ReplyDelete