27 February, 2021

The ‘Appendix’ 370

Article 370 is just an emaciated husk now, best left well alone

Illustration by Sorit
The ‘Appendix’ 370
  1. In its pristine form, Article 370 of the Indian Constitution had given J&K the constitutional right to have its own separate Constitution, its own prime minister, its own president and its own national flag. The residuary powers were vested with the state assembly and not the Parliament of India.

  2. The residents or state subjects of J&K were not citizens of India and the entry of Indian nationals into J&K was restric­ted. The goods from India had to pass through a customs barrier by paying import duties. The people of J&K were not obliged to uphold the integrity and sovereignty of India.

  3. The Supreme Court’s jurisdiction was restricted only to Article 131 dealing with disputes between the Union and the states. In all other matters, the apex court was given only appellate jurisdiction.

  4. The J&K government had complete, exclusive control over all the taxes. The I-T department of J&K was free from all central controls. There was no ‘financial...
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