HOW ARTICLE 370 CAME INTO EXISTENCE
Article 370 was implemented from 17 November 1952. This article gives a lot of facilities to the people of Kashmir which are not available to other citizens of India. This article clearly states that the Government of India will take initiative in all matters of defense, foreign affairs and communication. Due to article 370, Jammu Kashmir has its own constitution and its administration is run according to it and not according to the constitution of India.
Jammu and Kashmir is called Switzerland of India. The lush green valleys here, clean air and clean water make this state a paradise. But for some years, the smell of gunpowder is coming in these litigants of Kashmir. The reason behind this is the selfish politics of the separatist leaders and some legal intricacies like article 370 and article 35.
After India gained independence, Jammu and Kashmir also became independent on August 15, 1947. During the independence of India, King Hari Singh was the ruler here, who wanted to keep his princely state independent. But on 20 October 1947, the Pakistan-backed ‘Azad Kashmir Army’, along with the Pakistani army, invaded Kashmir and seized a considerable part.
Under this circumstance, Maharaja Hari Singh, with the consent of Sheikh Abdullah, announced the temporary merger of Jammu & Kashmir with India on 26 October 1947 with the consent of Sheikh Abdullah to protect Jammu & Kashmir and “Instruments of Accession of Jammu & Kashmir”. Kashmir to India “.
Under this new agreement, Jammu and Kashmir had handed over only three subjects: defense, foreign affairs and communication with India to India. After the signing of the agreement, the Government of India promised that “the people of this state will form the internal constitution of the state through their own Constituent Assembly and until the Constituent Assembly of the state determines the extent of governance and jurisdiction” Until then, the Constitution of India can only provide an interim arrangement about the state.
With this commitment Article 370 was included in the Constitution of India. In which it is clearly stated that these provisions with respect to the state of Jammu and Kashmir are only temporary. These provisions were implemented from 17 November 1952.